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Minutes - 04/20/2015 - Plan CommissionMINUTES OF THE APRIL 20, 2015 REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MAY 18, 2015 1. CALL TO ORDER: 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 7:01 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairwoman Marcia Tropinski, Members Thomas Doyle, Raju Iyer, Raj Lal, Simon Sheers and Kenneth Wilczak ABSENT: Member Naveen Jain IN ATTENDANCE: Gerald Wolin, Trustee, Director of Community Development Robert Kallien Jr. and Planning Technician Gail Polanek 3. APPROVAL OF MINUTES: MINUTES REGULAR MEETING OF THE PLAN COMMISSION OF MARCH 16, 2015 MARCH 16, 2015 Motion by Member Lal, seconded by Member Doyle to approve the minutes of the March 16, 2015 Regular Plan Commission meeting as written. VOICE VOTE: Motion Carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business to discuss. 5. NEW BUSINESS NEW BUSINESS A. REAL URBAN BARBECUE LLC — 2119 CLEARWATER DRIVE — REAL URBAN BARBECUE - 2719 SPECIAL USE — OUTDOOR DINING AREA ADJACENT TO A CLEARWATER DR - SU - OUTDOOR RESTAURANT DINING AREA Chairwoman Tropinski reviewed the request. Director of Community Development Kallien said that Real Urban Barbecue is located at the far west end of the most recently constructed retail building, which is the third restaurant in the building. Chipotle is at the east end of the building and Roti Mediterranean Grill is in the middle. Both of these restaurants also have approved outdoor dining arrangements. The difference with this proposal is that VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page I of 4 April 20, 2015 this outdoor dining area will be much larger than the other two restaurants because it is a much larger facility. Clearwater Drive runs at an awkward angle in relation to the west wall of the building. The setback line runs parallel to Clearwater Drive In order to construct it to the size and scale being proposed a variation is required that will be heard by the Zoning Board of Appeals, with approval of the Village Board. The proposal requires approval of the variation and special use for outdoor dining. Scott Marland, Real Urban Barbecue, LLC, Special Projects, reviewed the background of the request. They are located at 2122 York Road, which is also known as 2119 Clearwater. They are seeking approval of a special use for outdoor dining at their location. The patio will be located adjacent to the west side of the building. They will be making significant improvements to the land, which is currently undeveloped. The proposal is for a cement patio bordered by 42 -inch high anodized aluminum fence with galvanized steel posts separating the patio from other outdoor space. In regards to safety, there is one parking space adjacent to the dining area. In order to provide protection they will install four (4) galvanized concrete filled black bollards spaced 5 feet apart as protection from an errant vehicle. Lighting is also an important issue and there will be lights located on the outside wall of the restaurant facing the outdoor dining area. A light pole will be located on the west end of the patio that will match the existing light poles in the Clearwater Development. There is an approximate 4 to 6 -foot grade change from the parking lot to the street. The significant slope will further protect the diners from vehicles along Clearwater or accessing the site. Member Sheers raised concerns of lighting illuminating the sky rather than below the lampshade illuminating toward the ground. Mr. Marland responded that the lighting would not be illuminating the sky and the fixtures are such that it will go downward. Director of Community Development Kallien noted that the lighting would be part of the building permit process and would be subject to field inspection. Jim D'Amico, John Buck Company, owner of the Clearwater Development noted that the lighting on the building would be emergency lighting and would not be on. The light pole that will be used was selected when Roti and Chipotle went through the outdoor dining process. The poles were selected because they cast light downward and are on smaller poles so that light does not leave the property. Member Wilczak questioned that the patio would be located at the top of the slope. Mr. Marland agreed and noted that it would be located at the top of the slope and everything would be graded downward. Member Iyer asked how the patrons would enter and leave the patio area. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 4 April 20, 2015 Mr. Marland responded that two doors would provide access to and from the patio area, which is the only way into the patio. There is no direct entrance or exit from the patio with the exception of the emergency egress gate. Member Lal questioned whether staff would be increased to accommodate customers with the addition of the patio over the summer months. Jeff Shapiro, owner of the Real Urban Barbecue explained that the concept of the restaurant is that of a quick service cafeteria -style restaurant. They intend to have bus staff in the patio area to maintain it. The customers walk through a line, pick up their food, pay for it at the register and then find a seat. There will be adequate staffing to service customers through the line and bus staff to ensure that the tables are cleaned so that they can be turned over. He said that at lunchtime they run out of seats and cannot accommodate the amount of people coming through the door right now. The patio will be a welcome addition, not only for the customers but also for issues with people standing waiting for tables to be cleaned for lunch. Member Lal questioned how the trash was collected and disposed of. Trustee Wolin commented that he was a fan and customer of Real Urban Barbeque. On a nice day, it would be a good idea to eat outside and he supported the request. Mr. Marland noted that they have patios at their other two locations and they have been great additions to those restaurants. They feel that it would be an inherent benefit to both their customers and to the Village to have the opportunity to make this addition to their restaurant. Member Lal said that it was important to educate the bus staff to make sure that cleaning is maintained by changing the cloth used. Member Doyle questioned if alcohol would be served. Director of Community Development Kallien said that they have a license to serve alcohol with the Village. Member Wilczak said that with the slope there it seemed as though it was made for a patio and the additional landscaping and dining will benefit the area. There were no comments from the audience. Motion by Member Iyer, seconded by Member Lal to recommend approval of the special use for the outdoor dining area as proposed for Real Urban Barbecue at 2119 Clearwater, subject to the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the plans as submitted; VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 4 April 20, 2015 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 64 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 including its lighting requirements 5. Approval of the special use as presented is subject to the approval of the variation. 6. 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." ROLL CALL VOTE: Ayes: 6 — Members Doyle, Iyer, Lal, Sheers, Wilczak and Chairwoman Tropinski Absent: 1 — Member Jain Nays: 0 — Motion Carried. 6. OTHER BUSINESS Director of Community Development Kallien reviewed possible upcoming cases. On Trustee Wolin's last night attending the Plan Commission meeting as the Trustee - Liaison, Chairwoman Tropinski and the Commissioners stated how much he had been appreciated as the liaison and thanked him for all his service. There was no other business to discuss. 7. ADJOURNMENT: Motion by Member Iyer, seconded by Member Wilczak to adjourn the meeting at 7:31 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Robert L. Kallien Jr. Robert Kallien, Director of Community Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 4 April 20, 2015 OTHER BUSINESS ADJOURNMENT