Loading...
Minutes - 03/01/2016 - Zoning Board of AppealsVILLAGE OF OAK BR ,K 1. CALL TO ORDER: 2. 3. 0 5. MINUTES OF THE MARCH 1, 2016 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 11, 2016 The Meeting of the Zoning Board of Appeals was called to order by Chairman Champ Davis in the Samuel E. Dean Board Room of the Butler Government Center at 7:02 p.m. ROLL CALL: Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Natalie Cappetta, Baker Nimry, Alfred Savino, Steven Young and Wayne Ziemer ABSENT: Member Jeffrey Bulin IN ATTENDANCE: Dr. Mark Moy, Trustee, John Baar, Trustee, Robert Kallien, Jr., Director of Community Development and Gail Polanek, Planning Technician APPROVAL OF MINUTES: CALL TO ORDER ROLL CALL MINUTES REGULAR MINUTES OF THE OCTOBER 6, 2015 MEETING OCTOBER 6, 2015 Motion by Member Young, seconded by Member Savino to approve the minutes of the October 6, 2015 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. UNFINISHED BUSINESS There was no unfinished business to discuss. NEW BUSINESS UNFINISHED BUSINESS NEW BUSINESS A. YORK ROAD ASSOCIATES, LLC — LINCOLN PROPERTIES - YORK RDASSOC, LINCOLN PROP - CLEARWATER DEVELOPMENT — 2100 AND 2111 YORK ROAD — 2100 +2111 YORK 0-4 DISTRICT — TEXT AMENDMENT RD - 0-4 DISTRICT - TEXT AMEND Chairman Davis announced the public hearing and stated the requested relief. All witnesses providing testimony were sworn in. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 13 March 1, 2016 Bridget O'Keefe, Daspin & Aument, Attorney for owner of the Clearwater Development located at 2100 — 2122 York Road. Lincoln Properties is seeking approval of a text amendment which would facilitate the subdivision of the property which is already constructed with buildings and parking. York Road Associates is the applicant and owner, Lincoln Property Company is the Asset Management firm on behalf of the owners. Patrick Russo, Vice President, Lincoln Property Company said that they purchased the Clearwater property from the John Buck Company in May of 2015. Since the purchase they have been assessing the immediate leasing as well as future development needs of the site. He provided an overview of the site and noted that the office building at 2122 York Road is a 123,000 square foot office building that is approximately 53 percent occupied. The north side houses the LA Fitness, a vacancy, the Protein Bar and Jason's Deli. On the interior of the building are vacant spaces that have never been leased. There are two undeveloped building pads totaling approximately 1.1 acres. They are currently assessing the needs of those sites. They have hired a new retail leasing agent, Cushman Wakefield who helps to generate a lot of retail activity. There is the fully leased building pad with Real Urban BBQ, Chipotle and Roti. The last building pad is the Charles Schwab bank branch. Together the retail and office is approximately 208,000 square feet and is overall 65 percent occupied. They have room to grow. They demolished some interior office space in the building and were assessing parking needs. He reviewed the proposed plat of subdivision showing how the lots would be divided. The reason for the text amendment is that the current zoning would require lot lines that would be within the existing parking areas and would require parking spaces to be removed in order to meet the setback requirement in the existing Code, which is the reasoning behind their request. Ms. O'Keefe noted that landscaping setbacks would be required for each new parcel. Rather than apply for numerous variances it made sense to amend the Code with language that is currently present in the ORA -1 District. They have basically replicated the language in that section to make it applicable in the 0-4 District, which is the point of the text amendment and explains the proposed language. Ms. O'Keefe noted that a complete response to the amendment factors was contained in the case file and believes that they have met the standards. She addressed the factors as follows: VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 13 March 1, 2016 1. Character of the neighborhood The character of the neighborhood at 22nd and York Road is overwhelming commercial in nature and is a mixed use development containing a mix of commercial, retail and office buildings. The proposed text amendment would not have any adverse impact on the character of the neighborhood. 2. The extent to which property values are diminished by the particular zoning restrictions. A failure to approve the text amendment would have a detrimental impact on the value of the Clearwater development. The zoning ordinance requires a 10- foot buffer be provided between the interior property lot lines and parking for all rear and side lot lines fall within in the existing parking lot. Since the existing property has previously been developed, the interior property lines fall within an existing parking lot. The required buffers would not be possible without the loss of a number of parking spaces, which is needed for the efficient operation of the overall development. Therefore variations would need to be granted which would be cumbersome since many variances would be required. Failure to have this text amendment in place would have definite diminishment to the value of the Clearwater Development. It would limit the amount of developable property and the type of users that would be interested in developing the site due to the existing restrictions. 3. The extent to which the removal of the Existing Limitations Would Depreciate the Value of Other Property in the Area. They do not believe it would have any effect on the values of neighboring properties. In fact they believe it would enhance the values of other properties by ensuring there is adequate parking in the area and efficient traffic operations on the surrounding streets. 4. The suitability of the Property for Zoned Purposes The underlying zoning is consistent with the existing uses and the long term planning for the area. 5. Existing Uses and Zoning of Nearby Properties. The Clearwater Development is a commercial retail area and many of the adjacent properties are also zoned 0-4 or ORA -1, with the exception of the Butler Golf Course located on the south side of 22nd Street. They believe that this is consistent with the other uses. In fact the properties zoned ORA -1 can already take advantage of the language since it is already listed in its classification and it has worked well. There are a number of examples that have worked. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 13 March 1, 2016 6. The Length of Time Under the Existing Zoning that the property has remained unimproved considered in the context of land development. The Clearwater Development was originally approved in 2006 and approximately 90% of the land has been developed. However a little over an acre has remained undeveloped and the retails buildings and offices are approximately 65 percent occupied. The remaining undeveloped lots and vacant tenant spaces have been challenged by the real estate downturn in recent years. They hope that the relief offered by the text amendment and the pending application for the subdivision hopefully generates interest in developing the remaining undeveloped portions of the property. The remaining factors were addressed in writing in the case file. Chairman Davis questioned whether the proposed language matched what exists in the ORA -1 District. Ms. O'Keefe responded that it did. Director of Community Development Kallien said that it gives the ability to subdivide properties that have multiple buildings without requiring variations for parking lot setbacks and parking lot landscaping. It is really designed for lots that are already developed. Several years ago 700 Commerce reconfigured two parcels and used this language to accomplish that. It seems like a reasonable request. The Clearwater development has languished over the years. The centerpiece part of it was to be a 17 -story condominium and Loft hotel, which were never construction. In addition there was to be additional retail all of which were part of the market turndown in 2008 -2009. The property was created through an extensive and awkward text amendment that imported all kinds of permitted and special uses from other districts. The Village did not have planned development regulations at the time and was approved as a special use that also included the landscaping. Variations were approved for a number of building setbacks and reduced the amount/ height of landscaping. They also had an extensive development agreement that governed the building fagade and signage that are normally accomplished through a planned development. The development agreement is gone. The developer is seeking a subdivision to subdivide the property from two lots to six lots, but a text amendment is needed in order to accomplish that. There is going to be an application to request additional parking around the 2122 York building, which will also require a VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 13 March 1, 2016 variation and an amendment to the special use. Landscaping may be an issue at that time. Chairman Davis questioned whether the requests currently before the Zoning Board of Appeals had any bearing on the upcoming cases. Director of Community Development Kallien responded it did not. He noted that there was landscaping on the property but it is deficient along the perimeter and can be addressed when the special use is heard. Member Cappetta questioned that if the text amendment is approved and the property is divided could the lots be sold before the other matters come back before the ZBA. Director of Community Development Kallien responded that they could be sold. Member Cappetta asked if the village loses control of the landscape if it were sold and if they make no changes to the building, they would not need to plant any additional vegetation. Director of Community Development Kallien responded that the special use runs with the overall site. The Village Board as part of the mixed use process granted the variations. Member Nimry questioned if the property is sold does the special use apply. Director of Community Development Kallien said that it would still apply to the new owner. Mr. Russo responded that they had no intention of selling 2122 York. The future variation for that property has a dramatic positive impact on the landscaping. They frilly intend to make it above and beyond what it should have always been. Ms. O'Keefe commented that in regards to the future parcels that are yet to be developed, she would anticipate that it would require an amendment to the special use which would provide leverage for landscape. Member Cappetta noted that her concern was that if one of the existing buildings was sold without any changes being made that the Village loses control of that part. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 13 March 1, 2016 Director of Community Development Kallien noted that possibly at the next Zoning Board of Appeals meeting, the variation request for the parking and the special use amendment. Ms. O'Keefe noted that the application will apply specifically to 2122 York Road. They will be accommodating to the landscape concerns through the process. Member Savino commented that we are losing our ability to require the landscaping in front of the health club and the businesses along 22nd Street. In 2006 only two -foot high landscaping was required, although the Code requires 4 -feet. He questioned whether a condition could be included. Director of Community Development Kallien said that a landscaping condition could not be added to the text amendment, unless it was added to the language. Clearwater may be a benefactor of the text but it would apply to the text in the 0-4 District. He noted that two trustees were present at the meeting and for the record the concerns can be stated and the Village Board would have the benefit of those concerns. Member Young asked whether conditions could be attached to the upcoming cases. Director of Community Development Kallien agreed. Technically, this could be continued to delay the process. Member Savino said that if it moves forward the ZBA would expect to see a landscape plan addressing the issues on York Road. Ms. O'Keefe responded that an extensive landscape plan has already been submitted to the Village as part of the next request. Director of Community Development Kallien noted that the landscape plan applies to 2122 York Road, but there may interest in seeing what can be done with other parts of the property. Over the past year, the landscape issue had been expressed to John Grissim. When the matter goes to the Village Board they will be asking these questions. Ms. O'Keefe responded that Lincoln Properties is a reputable developer and they have purchased this property and want to make it an attractive successful development. The landscape plan submitted is extensive and she believed the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 13 March 1, 2016 ZBA would be happy with it. She feels that it sounds like this is payment for something that happened in the past that the new owner had nothing to do with. The way that Lincoln Properties has been approaching it is to try to do things sequentially. They are trying to figure out what there developable parcels are by doing the subdivision. They want to know that when they put together a plan for landscaping for 2122 York that it would be a separate developable parcel, which is what the subdivision along with the text amendment will do. It provides that reassurance that this is the first step to subdivide the parcels. They will be coming back with that parcel fully landscaped. As they have specific development plans for the other parcels they will be back before the Village with a landscape plan. They are trying to do the right thing and have a good relationship with Oak Brook, she asked the board to keep in mind that they did not create this situation and are only trying to improve it at this point. She requested that this matter be allowed to continue and go forward. Chairman Davis questioned what downside there would be if the matter did not move forward. Mr. Russo responded that they were currently working with developers and partners with the other sites. One of the questions they are asked is how the lots are subdivided and how they work together and currently the property is only two lots. They are not going to build anything or close a deal within the next month, but would help them to provide additional clarity when discussing potential opportunities. Ms. O'Keefe added that the key issue for the tenants is how much parking is available and would be directly impacted by their ability to have the text amendment approved. If it is not approved, there is significantly less parking, which makes it a less attractive site to retailers. Chairman Davis responded that he did not sense a serious objection to the request, but there is a serious objection to the landscaping which has been promised, but has not been fulfilled. He travels past it daily and it does not look good at all. It looks like a massive parking lot. Member Cappetta agreed and added that it looks like a good plan and seems reasonable and would be a great idea. The board is not looking for trees and bushes to be planted in the middle of the parking lot, but for enhancement and understands that deal would not be closed within the next month. However, if someone makes an offer and it is sold, and the text amendment is in place, the new owner would not need to come back to the Village. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 13 March 1, 2016 Director of Community Development Kallien said that the Code also requires that in order for the sale of property the subdivision plat would need to be approved and recorded. This can take a number of months to obtain all the signatures required on the plat prior to being recorded. Gail Polanek, Planning Technician provided a brief overview of the process adding that first the Village Board must approve the plat, then a resolution is prepared and approved by the Board. After that has been approved, the applicant must go around with the Mylar of the plat to obtain all of the required signatures, then it is returned to the Village for signatures then the Village Clerk's office takes it in for recording. The properties cannot be offered for sale until the plat has been recorded. Director of Community Development Kallien said that multiple buildings are allowed on a single lot. They cannot be sold, but property can be leased. The Templeton Woods formerly Brittwood Creek Subdivision took approximately 6 — 8 months to be recorded. When the Village Board approves the plat, to have it recorded and be legal takes many months. Member Cappetta noted that it would not come back to the Zoning Board of Appeals and when it moves to the Village Board it needs to be in a tighter condition and her concern is that we would lose control and have it forgotten that there should have been four foot not two foot high bushes. Member Ziemer said that the text amendment affects all of the 0-4 District properties, not just this particular project. When this applicant comes back, after hearing the concerns about the entire project, not just a single parcel, but the overall perimeter of the development to bring it up to standards. Director of Community Development Kallien added that it could be codified in the special use ordinance so that it does not remain vague. The original ordinance did not fulfill the expectations. Mr. Russo asked the board to keep in mind that although approximately 90 percent of the land is developed, the majority of it is parking lot. The piece they will be seeking the variance to is the 2122 York site where there will be landscape provided around the area. He noted that the west end currently has detention. They have heard the concerns regarding the property along the retail development north on York Road, which is good for them to know for the future as they want to absolutely make it a better site. There are still large developments that were never completed by Buck during the original development agreement, which they intend to complete under their ownership. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 13 March 1, 2016 Ms. O'Keefe said that the work would be done under the special use process. The control will come when the site plan is amended for each parcel to be developed. The text amendment and plat are the first essential step in moving forward for the remaining parcels available. Chairman Davis said that he was satisfied that there were enough safeguards and hurdles that the developer and owner will have to go through so that the landscaping will be as promised. Trustee Baar questioned if the text amendment applied to Clearwater? Director of Community Development Kallien responded that the way it is structured it would only apply to Clearwater because there are not any other properties in the 0-4 District with multiple buildings. Trustee Baar asked whether the parking is sufficient for the lots when subdivided and if so, which ones would have insufficient parking. Director of Community Development Kallien responded that it would depend upon the ultimate utilization of the property. Ms. O'Keefe responded that they have prepared a parking analysis that will be considered as part of the next application, which looks at the parking from a parcel by parcel basis. Director of Community Development Kallien noted that there is a cross access easement agreement for parking, access and egress exists across the entire two lots. He would expect that when the property is divided that all of those provisions will continue on. Ms. O'Keefe and Mr. Russo agreed that they would continue to be applicable when subdivided. Director of Community Development Kallien added that this type of access agreement is similar in concept with the Oakbrook Center, where all of the parking is shared and available to any tenant /user of the property. Trustee Baar said that the comfort zone is that good walls makes good neighbors where there is clear demarcation between one building and another so that there is not bleeding over of parking into another. Berms are something that the Board is very interested in seeing because this property is a major entrance VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 9 of 13 March 1, 2016 into the Village of Oak Brook from the north, east and west. This was recently discussed with another developer and additional landscaping was provided. Director of Community Development Kallien said that the special use was approved for Real Urban BBQ that had a very detailed landscaping scheme provided around the area. At this time they have not yet gone forward with the construction. Gail Polanek added that she had a conversation with Real Urban BBQ and they had requested an extension through Spring due to the timing with construction. Member Savino added that additional landscaping and trees were included in the approval. Member Savino questioned how the request affects the original special use that had been approved at that time. Director of Community Development Kallien responded that it does not affect the conditions of the existing special use. All of the variations, parking and setbacks relating to the perimeter of the property that were approved still exist. If in the future the building approved on the corner could be built as it was previously approved as long as it complied with the relief granted. When the variation is requested on the corner the special use will be amended and the Village can add detailed language to guide the development forward relative to landscape or require detailed plans attached. There is great leverage as part of that amendment as to what would be required. Member Cappetta said that if something does not work out and they do not come in for 5 years for the parking, there is nothing that can be done. Director of Community Development Kallien responded that they are not violating the ordinance that was approved as part of this project relative to parking. Member Cappetta added that she did not disagree with the plan, but felt that it might be piecemeal, but that there should be a plan or something to make the village more comfortable granting the requested relief and that we want something in exchange, which is a better landscape plan. Director of Community Development Kallien responded that the request at this meeting is only for the text amendment. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 10 of 13 March 1, 2016 Member Cappetta added that they could sell the lots. Ms. O'Keefe responded that the lots cannot be sold until they are subdivided and the Village Board will not let that happen. They have already filed the application for the special use amendment and variation. Director of Community Development Kallien said that the variation will go to the Zoning Board and that the special use will go to the Plan Commission and then the Zoning Board. He added that it was the Zoning Board's prerogative to move it forward or not. He did not see the objection in moving forward as it must go through approval with the Village Board. The Village Board is the gate keeper. Chairman Davis was satisfied that there were enough safeguards to make sure that the landscaping is appropriate and has actually been undertaken. Member Savino questioned whether the relief granted in 2006 could ever be undone. Director of Community Development Kallien responded not without amending the special use which will take the input of the Plan Commission, the public hearing before the Zoning Board of Appeals and the approval of the Village Board. In order to undo any of those variations would need those approvals. Depending upon what happens with the vacant northern piece of the property, instead of amending all of the variations, they could seek to go through the Planned Development process. That could be all encompassing including how the buildings would look along with very specific regulations in regards to landscape and signage. The process did not exist at that time and went through a very cumbersome process with variations and special use. There are different avenues they could take in order to build out the site. Member Savino agreed that he would like to see the text amendment move forward and that there were enough safeguards in place. The applicant understands what the village is looking for. Mr. Russo responded that it was very helpful and they want a good partnership during their years as ownership, which is their number one goal. John Grissim is the managing partner of the firm and will attend the upcoming meetings. No one spoke in support of or in opposition to the request. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 11 of 13 March 1, 2016 Chairman Davis noted that the Standards had been sufficiently addressed in their testimony and in writing on page C of the case file and that the Zoning Board of Appeals was of the opinion that the applicant had satisfied the requirements for the requested text amendment. "when a developed zoning lot which contains two (2) or more principal buildings, is subdivided, the yards required along the new lot lines created by the subdivision shall be not less than thirty feet 30') in depth and the depth of all required yards for each lot shall be shown on the subdivision plat-, provided that existing parking stalls and aisles and access and service drives shall be permitted to continue within said yards and within the yards along the boundaries of the original zoning_ lot required by subsections B 1 a B 1 b and Blc of this section, as modified by subsection 13 -12 -31-1 of this title; and provided further that upon redevelopment of any part of a lot other than for resurfacing or for utility replacement which development requires removal of existing parking stalls or aisles located in whole or in part within areas where such accessory uses are not permitted by said subsections as so modified no new stalls or aisles shall be constructed in such areas except as permitted by said subsections as so modified and any landscaping therein required by this title shall be promptly installed and properly maintained." Motion by Member Young, seconded by Member Savino that the applicant satisfied the requirements for the request text amendment and to recommend approval of the text amendment as presented. ROLL CALL VOTE: Ayes: 5 — Members Ninny, Savino, Young, Ziemer and Chairman Davis Absent: 1 — Member Bulin Nays: 1 — Member Cappetta. Motion carried. The public hearing was concluded. 6. OTHER BUSINESS Director of Community Development Kallien reviewed possible upcoming cases. There was no other business to discuss. 7. PUBLIC COMMENT There were no comments from the public. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 12 of 13 March 1, 2016 �` lr OTHER BUSINESS 7. ADJOURNMENT: Motion by Member Young, seconded by Member Nimry to adjourn the meeting at 7:55 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Robert L. Kallien, Jr. Director of Community Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 13 of 13 March 1, 2016 ADJOURNMENT