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Minutes - 03/16/2015 - Plan Commission1 2 3. 9 5 MINUTES OF THE MARCH 16, 2015 REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 20, 2015 CALL TO ORDER: The Regular Meeting of the Plan Commission was called to order by Chairwoman Tropinski in the Samuel E. Dean Board Room of the Butler Government Center at 7:05 p.m. ROLL CALL: Gail Polanek called the roll with the following persons PRESENT: Chairwoman Marcia Tropinski, Members Thomas Doyle, Naveen Jain, Raj Lal, Simon Sheers and Kenneth Wilczak ABSENT: Member Raju Iyer IN ATTENDANCE: Director of Community Development Robert Kallien Jr. and Planning Technician Gail Polanek APPROVAL OF MINUTES: CALL TO ORDER ROLL CALL MINUTES REGULAR MEETING OF THE PLAN COMMISSION OF NOVEMBER 17 2014 NOVEMBER 17, 2014 Motion by Member Lal, seconded by Member Doyle to approve the minutes of the November 17, 2014 Regular Plan Commission meeting as written. VOICE VOTE: Motion Carried. REGULAR MEETING OF THE PLAN COMMISSION OF JANUARY 19 2015 Motion by Member Doyle, seconded by Member Lal to approve the minutes of the January 19, 2015 Regular Plan Commission meeting as written. VOICE VOTE: Motion Carried. UNFINISHED BUSINESS There was no unfinished business to discuss. NEW BUSINESS JANUARY 19, 2015 UNFINISHED BUSINESS NEW BUSINESS A. RBP OAK BROOK HO LLC (LeMERIDIEN HOTEL) — 2100 SPRING ROAD — ERIDIEN HOTEL - 2100 SPECIAL USE — OUTDOOR DINING AREA ADJACENT TO A SPRING - SU - OUTDOOR DINING RESTAURANT AREA Chairwoman Tropinski reviewed the request. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page I ofs 5 March 16, 2015 lam'° Director of Community Development Kallien said that the LeMeridien Hotel has invested many millions into building improvements inside and has dramatically changed the exterior of the structure. They are now spending more toward the approval of an outdoor dining area, which is in keeping with many of the other outdoor dining venues in Oak Brook. Ashley Brandt, Attorney, Freeborn & Peters, LLP, Attorney for the LeMeridien Hotel, introduced John Baldwin, Director of Finance, LeMeridien Hotel. He reviewed the request and noted that the hotel was happy to have its business in Oak Brook. An outdoor patio is an attractive feature and noted that there is one located next door at the Cheesecake Factory. He reviewed the proposed plans and noted that the patio is located just outside the existing restaurant. The only access to the outdoor dining area is through the restaurant. An emergency egress gate was provided that allows patrons to exit only from the patio area. There is an existing driveway with parking adjacent to the area. Included in the plan is to provide very large boulders to act as bollards to stop any potential errant vehicle. The speed limit in the area is 10 mph with the intent to protect the public safety. A wrought iron fence already exists around the patio. In the interest of public safety, a wrought iron fence would be added to the top of the existing seatwall, making it 42- inches in height so that someone could not enter the patio by stepping over the seatwall. The outdoor dining area will not diminish property values, it is meant to increase value. They have already invested a lot of time and money in the community and they would like to invest more in order to make the hotel more attractive and not only for guests staying at the hotel, but also for community residents that may like to come and dine at the hotel. Member Wilczak questioned whether the driveway would be closed when the patio is completed. Mr. Brandt responded that it would not. Member Lal complimented the applicant for providing the level of safety and the attention to those details not only for its patrons, but also for that of the residents. He was encouraged to see it. Member Doyle questioned whether the special use also allowed the ability to serve alcohol without serving food. It seems to him that the nature of a hotel, such as hosting a wedding it would be ideal to serve cocktails before dinner in an outdoor area when the weather is nice. It seems like it should be included or at least VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 5 March 16, 2015 recommended in the approval and it seems that it would be something a hotel would want. Mr. Brandt agreed. Director of Community Development Kallien responded that as part of the liquor license the Village Board would need to reconcile that. Most of the traditional outdoor dining areas are clearly a venue that is an extension of the restaurant. In this case, there is a restaurant in the hotel. The hotel is the principal use so it is almost a hybrid situation where it is an outdoor venue adjacent to a permitted use, which is a hotel and includes a restaurant. Member Doyle agreed and noted that a hotel could have different uses for that area than a typical restaurant would, which was the reason for the question. Director of Community Development Kallien responded that the Marriott Hotel has an outdoor patio area and may function similarly to this in the future. The Drake Hotel may also have something similar to this. An outdoor dining area is significantly impacted by the weather and the window is short for these types of activities. Member Doyle added that he thinks the hotel should have that option without jumping through hoops. Director of Community Development Kallien noted that this discussion would be included in the detailed minutes as it goes through the Zoning Board and Village Board. Member Lal thanked him for the clarification because he thought that it would be part and parcel to the hotel liquor license and took for granted that it would be extended to the patio area. Director of Community Development Kallien responded that they have a liquor license now and that the license may be structured so that people can go out into the area. If it were not as clear as it should be, it would be something that Village Counsel will need to work on with the Village Board if it is found that there is a need to modify it. Member Wilczak confirmed that a major portion of the patio is already constructed, with the exception of the fence extension and boulders. Mr. Brandt confirmed that was correct. Member Jain questioned that from a music and dancing perspective the patio is perceived as being an extension of the restaurant not necessarily an outside entertainment area. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 5 March 16, 2015 Director of Community Development Kallien agreed. He added that the mall has covenants in place to control the sound and outdoor entertainment. In addition, they would have to comply with the Village's requirements for sound and light. He did not view it as a potential problem and he was confident that any issues could be worked out and General Growth would be part of those discussions There were not any comments from the audience. Motion by Member Jain, seconded by Member Wilczak to recommend approval of the special use for the outdoor dining area as proposed, subject to the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the plans as submitted; 2. The restaurant will be responsible for maintaining and cleaning the outdoor area and shall comply with all applicable requirements of the DuPage County Health Department; 3. The outdoor dining area will be operated in accordance with the following rules of operation: a. A maximum seating capacity for 36 patrons may be provided in the outdoor dining area. b. No live music, dancing or other outdoor entertainment will be permitted in the outdoor dining area. 4. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 5. Add the provision "Notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." 6. Recommend to the Zoning Board and Village Board that a hotel operates differently from other restaurants regarding alcohol being served without food in the outdoor dining area. ROLL CALL VOTE: Ayes: 6 — Members Doyle, Jain, Lal, Sheers, Wilczak and Chairwoman Tropinski Absent: 1 — Member Iyer Nays: 0 — Motion Carried. 6. OTHER BUSINESS Director of Community Development Kallien reviewed possible upcoming cases. There was no other business to discuss. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 5 March 16, 2015 OTHER BUSINESS 7. ADJOURNMENT: Motion by Member Doyle, seconded by Member Lal to adjourn the meeting at 7:25 p.m. VOICE VOTE: Motion carried. ATTEST: Robert L. Kallien Jr. Robert Kallien, Director of Community Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5-- of 5 March 16, 2015 1; ADJOURNMENT