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Minutes - 05/16/2016 - Plan CommissionNO F MINUTES OF THE MAY 16 2016 OAK BR , K REGULAR MEETING OF THE j PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JUNE 20, 2016 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 7:04 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairwoman Marcia Tropinski, Members Raj Lal, Simon Sheers and Kenneth Wilczak ABSENT: Members Thomas Doyle, Raju Iyer, and Naveen Jain IN ATTENDANCE: Trustee Edward Tiesenga, Director of Community Development Robert Kallien Jr. and Planning Technician Gail Polanek 3. APPROVAL OF MINUTES: MINUTES REGULAR MEETING OF THE PLAN COMMISSION OF APRIL 18 2016 APRIL 18, 2016 Motion by Member Lal, seconded by Member Wilczak to waive the reading of the minutes and to approve the minutes of the April 18, 2016 Special 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. OAKBROOK SHOPPING CENTER, LLC — TEXT AMENDMENT — B -2 OAKBROOK OP DISTRICT SIGNAGE CENTERG LLC - TEXT AMEND - B -2 DIST SIGNAGE Chairwoman Tropinski announced the request. Director of Community Development Kallien provided an overview of the application. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 13 May 16, 2016 .1.42 Chuck Fleming, Senior General Manager of the Oakbrook Shopping Center, said that about 1 1/2 years ago, they had received approval from the Village to construct a 12- screen AMC theater, food hall, restaurants, a new parking deck and a reconfiguration of the G Building. He reported that construction was going very well. The theater is planning to open in November and the food hall has seven food vendors signed up and will be ready to open at that time. They are very excited about the project. During construction, they found that the new building itself obscured the view of the Nordstrom sign. They are one of their most important retailers contributing the most sales tax dollars to the community. They had exposure on the west side of their building and the requested text amendment will allow a new sign to be placed so that the visibility they have lost to Route 83 would be regained. He reviewed a PowerPoint showing the location of the Nordstrom store and the exposure the obscured sign had to Route 83 and the location of where the new sign would be located. He reviewed pictures of the locations where the sign would face Route 83. He demonstrated the location and visibility of the existing sign prior to the construction of the new building, and where a new sign would be placed. The sign will be exactly the same style as exists today. It is simple and understated. Member Sheers questioned whether it was a replacement or additional sign. Mr. Fleming responded that it would be one additional sign. The existing sign has been on the building for a long time. At some point, they may take it down, but for now, it will remain. Member Lal questioned how the residents of the Oak Brook Club felt about it. Mr. Fleming responded that their biggest concern was visibility from 16t" Street. They believe that by the angle of the red parking garage is a little further out, but at the same angle, that exists with the Nordstrom sign today. It is not visible from 16t" Street, which was their number one concern. Trustee Tiesenga questioned whether in the future a sign was also going to be placed for Macy's as was mentioned in the case file. Mr. Fleming responded that there are no plans at this time and Macy's has not approached them. If the same kind of situation occurred where a building would be constructed and the existing sign was blocked the text amendment provides them with the opportunity. They looked at the overall property as to where this situation could occur again and that area would be a possibility. Director of Community Development Kallien said that several years ago there was a similar situation at Commerce Plaza (three office buildings) where a variation had been requested by TreeHouse Foods to permit a sign on the parapet of the building. The request was structured similarly to the request from the shopping center. At VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 13 May 16, 2016 that time the request was just for the TreeHouse sign, but all three buildings had equal conditions and it was approved so that the other two buildings, if needed would not need to go through the variation process multiple time for something that was exactly the same situation. Mr. Fleming agreed that was the intent of the request. At this time, they are looking to correct a situation that was created by the construction project. Danielle Cassel, Vedder Price, Attorney for the property owner, said that the way the text amendment was drafted, there are 7 conditions attached so that mathematically and logically, it could only apply to the Nordstrom's situation, and should it arise at Macy's. It was noted that she and Trustee Tiesenga spoke before the meeting and offered up a correction to be added to the proposed text. The reason for the clarification was that 13 -11 -7 prohibits a wide variety of signs and sections A and H were the only components that they were concerned with since and A and H pertain to prohibition against off - premises or advertising signs. There was no intention on their part to try to exempt the signs from the other subsections of 13 -11- 7 that deals with moving or digital signs. They do not want to create any false concern that was their intent. As explained, the Nordstrom sign is a very understated sign. Director of Community Development Kallien said that he had talked to the applicant regarding which process to go through for the relief needed. They are certain restrictions for a variation are a higher burden than what they have here. The reason for opting for a text amendment is that the shopping center is the only property within the B -2 District. The limitations set in the proposed text amendment are very restrictive. The applicant has a need and this is a responsible way to address it without opening the "barn door." Ms. Cassel added that while they were crafting the text amendment, the first of the seven conditions is that there can be only one of these types of wall signs per fagade on the garage to eliminate the concern that they would clutter a garage with offsite signs. They can only be referenced to truly anchor- tenants of 50,000 square feet or more. These signs are not permitted if the retailer is in a building that already has a visible sign. It is limited to this situation where you are trying to recreate visibility for a retail building that used to have a visible sign and has lost it. Theoretically, there could be development south of the Macy's building, which would block it and then garage fagade would face to the south /22nd Street. A sign could never face the residential neighbor to the north. Member Wilczak questioned that at some point the Macy's store should need to add a sign, and would be closer to the street, would there be a way to control the sign. Director of Community Development Kallien responded that the only way they could get a sign, would be if the existing sign were obstructed by additional development. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 13 May 16, 2016 That Section 13 -11 -9 ( "District B2 Regulations ") of the Zoning Ordinance be amended by adding the following as Subsection E thereof with the correction shown as additional bolded and underlined text: E. Notwithstanding anything contained in this title to the contrary, including, without limitation, section 13- 11 -7.A and 13- 11 -7.H of this title, Wall Signs may be located on fayades of multi -story parking garages in the B2 District provided that: (i) No parking garage fagade may have more than one such Wall Sign; (ii) The Wall Sign otherwise complies with 13 -11 -3, 13 -11 -4, 13-11-9 - B and 13- 11 -9 -C of this title; (iii) The Wall Sign does not face 16th Street between Illinois State Route 83 and Spring Road; (iv) The Wall Sign exclusively or primarily faces Illinois State Route 83 or 22nd Street; (v) The Wall Sign advertises or identifies a retail tenant occupying no less than 50,000 square feet of a building in the B2 District; (vi) The building in which the subject retail tenant is located does not have, or no longer has, any other Wall Sign that (a) is visible from the right -of -way the proposed Wall Sign would primarily face, and (b) advertises or identifies the subject retail tenant; (vii) At least one of the following applies: (1) As of the effective date of this Ordinance: (a) the building occupied in whole or part by the subject retail tenant is located within 70 feet of the applicable parking garage at grade, and (b) the parking garage is at least partially located within 170 feet of 16th Street; or (2) As of the effective date of this Ordinance: (a) the building occupied in whole or part by the subject retail tenant is located within 200 feet of the applicable parking garage at grade, and (b) the parking garage is at least partially located within 450 feet of 22nd Street. Member Sheers motioned, seconded by Member Wilczak to recommend approval of the text amendment to the B -2 District signage as proposed with the change noted. ROLL CALL VOTE Ayes: 4 — Members Lal, Sheers, Wilczak and Chairwoman Tropinski Nays: 0 Absent: 3 - Member Doyle, Iyer and Member Jain. Motion Carried. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 13 May 16, 2016 5. B. YORK ROAD ASSOCIATES LLC — CLEARWATER DEVELOPMENT — 2100 and 2122 YORK ROAD (INCLUDES ALL TENANT ADDRESSES) — AMEND SPECIAL USE Chairwoman Tropinski announced the request. Bridget O'Keefe, Daspin and Aument, Attorney for York Road Associates seeking approval to amend an existing special use to permit 123 additional parking spaces adjacent to an existing office building located at the northwest corner of 22 "d Street and York Road. Jolu1 Grissim, York Road Associates, LLC, applicant and property owner said that when they acquired the property a number of tenants were interviewed in order to bring full value and the potential of the property. They began to hear from various tenants the difficulty of the parking. The main tenant in the office building, Great Lakes Dredge and Dock have been in Oak Brook since the 1970's, their lease expires in a few years, the biggest issue with them has been the parking situation, and that is very congested. The area between the office building and Jason's Deli retail is very congested and it is always very difficult. They said that the biggest thing for them to stay in the building long term is to solve the parking problem. There is a large vacant area in the retail building where Jason's Deli is located that has never been occupied since its construction 7 years ago. A big part of the reason for that is the parking. It is not that the overall center is under parked; it is the proximity of the parking. When it was originally approved, Buck had a shared parking arrangement, which makes a lot of sense. The reality is that people in office buildings want to park near the office space and retail tenants like to be near the spaces. They knew there was a parking problem. In trying to resolve it thought that if parking could be brought in the front of the building since an entrance exists on the north and south side, they investigated whether they could provide below grade detention on the site and bring parking around in order to provide parking proximate to the building. They looked through several plans and carne up with one, that although expensive it does work. If they want to bring the property to full value and develop the undeveloped parcels, it would work. When meeting with staff, the biggest issue was landscaping. The previous developer had not done a good job with that and they put together what they believe to be a fantastic landscape plan around the 2122 building. When reviewed by staff, it was suggested that the entire site be reviewed so they met on site with Bob and Jeff Bulin. About 40 big trees will be lost, but they will add over 100 trees. They will initially not be the same size, however, over time it will be better. It is a critical site in Oak Brook but they believe it is a great plan that will look better even though it will be closer in terms of setbacks, it will look much better from a visual standpoint all the way around the site. They think the changes will help lease up the rest of site, it is needed to help the office tenants, which is not in the parking ratio that tenants are using today and they hope it will help to lease the balance of the retail and fully utilize the undeveloped sites. They learned as they bought the property what it needed and believe at the end of the day the site will be much better. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 13 May 16, 2016 YORK ROAD ASSOCIATES, LLC 2100 and 2122 YORK ROAD — AMEND SPECIAL USE Ms. O'Keefe said that she would have each witness address a standard to show compliance with the special use standards. She asked Mr. Grissim if the parking lot was deemed necessary and whether the parking lot would devalue the value of other properties. Mr. Grissim responded that the additional parking is needed and the proposed parking would not devalue the other properties. Tim Doron, Sam Schwartz Transportation Consultants, Chicago, Illinois and has been doing this for 27 -28 years. He has done a lot of parking studies and over the years has learned that it is not just the quantity of parking, but also its location, which is important to understand. The site is 827 feet wide by 707 feet long. It is not as important at 3:00 or 5:00 in the afternoon, but is very important in January or February, working late at night at the office and are parked far from the building. It is difficult to navigate the snow and ice. The marketability that he has seen over the years whether it is office or retail is so dependent, not only on the quantity, but on the proximity of the parking. Shared parking is a great idea, if it is compact and located near each use. Oakbrook Center understands the need of parking as each restaurant has its own pod of parking. There is also a substantial portion of undeveloped property on the site. There is a substantial portion of the office building that is not yet leased. • Total existing leasable area: 208,010 square feet • Office building 53 percent leased: 57,889 square feet unleased • Retail 85 percent leased: 12,227 square feet unleased 66,500 square feet — future development He noted that many communities do not have parking requirements in their codes that are up to date and what the market really demands for office or retail. Oak Brook is 3.3 per 1,000 square feet or 1 space per 300 square feet. It would be different for Downtown with the train station, but this is Oak Brook, and like Schaumburg and Gurnee, more parking is required because it is very auto - centric. There is a lot of square footage yet to be developed on the site. He noted that their site parking survey found that the center is busiest at 12:00 p.m., which is right in front of the restaurants and the retail area. The office parking area is also very busy at that time. It is important for additional parking on this site. Places without parking within its proximity do not function well. He reviewed how the parking is used by use through the site. Parking is very important to these uses. There is nothing in the Code that addresses the required amount of parking for health clubs. The parking pod serving LA Fitness, etc., has a shortage of parking with full occupancy of the retail spaces. The parking pod serving the office building needs 411 spaces by Code. The marketability of significant vacant office requires more. The 123 additional spaces will meet market trends and bolster building marketability. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 13 May 16, 2016 Brent McQueen, Mackie Consultants, Rosemont, IL, licensed Civil Engineer and Land Surveyor for the project and has been doing this for 15 -20 years in a variety of land development projects throughout the Chicagoland area. He reviewed the site plan for the 123 parking space expansion showing the proposed 30 -foot setbacks for York Road and 22nd Street. Access will be through the existing parking lot. The parking lot has been designed to accommodate typical office traffic including garbage trucks, delivery trucks, etc. In addition, it has been designed to access emergency vehicles, such as ambulances, fire engines and support staff. It will also offer building access from the south side where they previously did not have access. There will be an extension of the sidewalks, which will wrap completely around the building and there will be a small seating and terrace area adjacent to the southern entrance to the building. The proposed conditions for the parking area will fill in the current green space area and provide detention in two underground vaults located below the parking expansion. The vaults will provide the displaced volume that is there today and will provide additional detention and volume to make up for the impervious surface being added with the project. No other revisions are proposed being provided to the storm water system itself and will continue to operate as it does today. The grading and storm water design will be collected in basins directly attributed to the underground vaults. Drainage swales will be added in the area between the parking lot and the ROW, which are related to required IDOT setbacks. They are proposing to add a slight 2 -2 Moot berm along York Road, which will aid in the screening of the parking lot from York Road. Due to the existing topography and grades along 22nd Street there is not enough room to fit a 2 -foot berm, so they are proposing a slight berm that will be a crown of 1/4 -' /2 -foot to aid some of the landscaping. The preliminary engineering plans and storm water calculations have been submitted and approved by the engineering staff and the village's storm water consultant, Burns and McDonnell. Ms. O'Keefe asked if the parking lot design located and proposed to be operated so that public health safety and welfare will be protected. Mr. McQueen responded that it was and that the proposed parking lot would provide a benefit to the entire development by shifting some of the parking spaces and opening up spaces for use by the retail development. Director of Community Development Kallien asked from what location the berms are being measured. Mr. McQueen responded that the berm is measured starting from the curb. Member Sheers questioned the above ground utility poles. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 7 of 13 May 16, 2016 . w Director of Community Development Kallien noted that are a quite a number of poles since the underground utility is very expensive. Member Wilczak questioned whether water mains would be added for additional fire hydrants around the building. Mr. McQueen responded that none are planned to be added. Director of Community Development Kallien said that if there is a fire connection along the south side. He noted that the Fire Chief reviewed the plan and an engine with water can traverse the new parking lot. Mr. McQueen added that based on their conversations with the Fire Chief, the existing fire connection is along the north side of the building and will remain there. There are currently fire hydrants along 22nd Street. Ms. O'Keefe added that one of the key life safety issues was the improved access for fire, which was well received by the fire department. Sue Grissim, Grissim Mets Andriese Associates, Northville, Michigan with an office outside Detroit, Landscape Architect, noted that she is a 28 -year licensed landscape architect. They have worked with Lincoln Properties on other projects and work throughout the country. She noted that there is a detention area between the building and York Road that will be filled in with the underground vaults and then landscaping will be placed on the top. The meeting with Jeff Bulin suggested kind of natural flowing kind of look with varying sizes of the evergreens. If the parking is allowed a permanent screen must be provided so that the parking area is not seen. The backbone of the landscaping will be evergreen screen with whatever crowning they can do with the grades allowed and the IDOT setbacks. There are evergreen trees of varying heights. There is also and evergreen hedge backdrop along 22 "d Sheet and York Road, which will provide a permanent screen through all of the seasons. They have a curvilinear arrangement of plantings with flowering hydrangea shrubs through the summer and the dried heads can be left on through the winter to add interest. They tied to roll the lawn as much as possible and grouped a variety of type and size of shade trees. The trees along 22"" Street cannot be relocated. A new sign will be in front of the building and seasonal flowers will be in the foreground. A yew hedge will be located behind it along with roses that will flower all season long. In the new parking lot, there will be large parking lot islands that will be filled with ornamental grasses and birch tees. Currently the parking lot has many small islands where the tees do not flourish well. The entrance will have brick paving and 25 -foot wide plaza terrace area with heavy -duty flowerpots to protect people out on the area. They meet the 4 -foot screening height. They looked at supplementing the area along LA Fitness, and they will fill in plants to supplement additional tees. The existing hedge is a challenge with the salt. There is a yew hedge but it will not make it. They will prune the hedge and supplement VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 8 of 13 May 16, 2016 where there are gaps. They have added some color with day lilies and catmint. It is a detention area so it is challenging. West of the 2122 building along 22 "a Street, there is a two - terraced retaining wall. Jeff asked about softening it. They have decided to keep away from that area, so they will plant some multi -stem crab apple trees in random grouping to fill in along 22 "d Street. Looking through the trees helps to soften the view from 22"'1 Street. Behind Real Urban BBQ, there are evergreen trees. Ms. O'Keefe asked for confirmation that the screening would enhance property values. Ms. Grissim agreed and said that it will enhance the whole area. Member Lal questioned whether a traffic bottleneck would be created on the site the way it is designed and whether there was a concern. Mr. Doron explained that that it is designed to handle the traffic and to slow it down purposely through the parking lot for safety. Director of Community Development Kallien clarified that Jeff Bulin is a member on the Zoning Board of Appeals and is a landscape architect. When the Clearwater Development originally came before the Village there was going to be a 17 -story tower and the element was taken away so that the key feature of the project was missing and developed somewhat piecemeal. Every time a piece was added, the focus went to the lack of landscaping. In this discussion, the applicant is looking at sprucing up the level of screening for the proposed parking area, they are also looking at long -term improvements to bring the property to a higher level, and they should be applauded for that. In response to the parking congestion, he noted that the east side of the center was congested, but this was supposed to be one side of the Clearwater Development and the largest part never occurred. By bringing in more parking and making the site more marketable and functioning like it was supposed to function, which is everyone's hope. Trustee Tiesenga asked the architects to point out the sense of place with respect to the landscape buffer that is located along the other properties on the corner at 22" d and York, where parking is not located in the front of the buildings. Ms. Grissim said that it is about the sense of place and it is an open look on all of the corners, but now they are looking at developing more of a premier office, restaurant and different use place. By doing that you have to scale a vision and an image with what is appropriate to that, which is the identity they are trying to bring it up to has a cohesive very green very lush, but maintained with a beautiful landscape that has a presence that currently does not exist. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 9 of 13 May 16, 2016 Trustee Tiesenga asked if it would be recommended to do the same thing at the Lions Club property. Ms. Grissim responded that each piece should have its own identity, but then there is a common thread. From what she could see in the Oak Brook community as an outsider that does not live here, the image is a presence of a quality higher level and what has been proposed is in that direction. Trustee Tiesenga asked if it would work on every corner of the intersection. Ms. Grissim responded not necessarily, because the uses on the corners are different, but a common thread could be at a certain level and there are different building architectures. The landscaping proposed brings this site up to the level it should have. Chairwoman Tropinski added that the proposed landscape plan would make it a very attractive corner because currently it is very plain and overgrown. The landscape enhances the building itself and gives it a soft appearance and enhances it with the quality. Director of Community Development Kallien noted that we are also in the process of updating the Zoning Code. The thing that Oak Brook has had since the 1960's is the large setbacks along the major thoroughfares. There is a visual difference between the Oak Brook side of 22nd Street and the Oakbrook Terrace side which is built up to the street. One thing they have found over the years is that existing building owners have come to the Zoning Board of Appeals seeking variations to add more parking. The old standard of 3.3 spaces per 1,000 square feet is not sufficient and in some cases it is even less. In almost every case the Village Board has responded appropriately by allowing a reasonable number of new parking spaces, but there are certain tradeoffs, such as creating a landscape berm to mitigate the impact of the view of the parking spaces. There was a 100 -foot setback along York Road and 22nd Street. The question is whether 100 feet of green space grass is better than a lesser number of substantive varieties of landscape space. There are some very good examples where it is much more desirable to look at a well -done landscape area versus 100 feet of lawn. There was a discussion regarding tree preservation. Director of Community Development Kallien noted that one of the issues was removal of trees, without replacement, but where some trees will be removed, they will be replaced with something far greater number than what exists today. Member Wilczak noted that he did not have any experience with underground retention vaults and asked the engineer how they worked. Member Lal also questioned if they would be sufficient to handle heavy rain and floods. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 10 of 13 May 16, 2016 Mr. McQueen responded that they have been around 2025 years and there are a number of types in the market. They have worked with staff on one known as a storm trap, which is essentially a concrete base that has prefabricated concrete vaults that are placed with a crane in a jigsaw puzzle format that is combined to create an underground vault. It is a vault under the parking lot that holds the storm water detention and will continue to function as it currently does as a place for the storm water to be held. No changes are planned to the existing storm system, which has a member of storm sewers throughout the project site that drain to the existing basins. The underground vault system will handle the current volume and they are adding volume to make up for the additional pervious area that is being added for the project. The proposed conditions will handle more than what exists now. Member Wilczak said that the front of the building will be changed and will not match the other three corners. He did not believe that 123 spaces were going to help the parking problems that exist and a lot of land is yet to be developed on the site. Mr. Grissim noted that the all of the building tenants are going to be directed to park on the south by the south entrance when the parking is completed. It will not be the main entrance to the building. As far as the balance of the undeveloped land, each time they come up with a plan for what it will be, they will need to deal with accommodating the parking for each new development. The parking being proposed will really help to lease the tenant spaces that have not been leased for 7 years by creating parking for the building and will help to lease the vacant office space. Chairwoman Tropinski noted that there is an immediate need for the parking being requested and questioned what would be the alternative. Mr. Grissim responded that it is a bad situation and for 7 years, they have been unable to lease the empty tenant spaces partly because it is so congested in the area. They looked at doing decks in the middle of the site. Although the economics were very different, the old Buck plan had two levels of parking with parking below grade. They having been looking for different uses for the vacant site, hotel uses, office uses, residential, etc. They will need to look at parking for what development occurs and include the parking in the fixture phases. The amount of parking needed today for office buildings is 4 spaces for every 1000 square feet of office. A parking deck is about $15,000 per space, comes to about $60 per square foot, just for parking. The below grade detention system proposed with the landscaping is very expensive, but looking at the totality of the site, it is the best place for it. The visibility with the landscape from York and 22nd Street will be better. It is a big investment for the site a cost of approximately $2 million to add 123 spaces with the detention. You do not want to spend that amount of money unless you believe it is really going to help. It will hopefully help to retain the tenants and lease the vacant retail spaces. The alternative is to put a deck right in the middle of the site, which would be a disaster. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 11 of 13 May 16, 2016 Director of Community Development Kallien noted that the Plan Commission responsibility is to look at the special use and determine if it is reasonable and fits with the character of the property, the area, meets and addresses the short --term and long -term landscape issues. The Zoning Board of Appeals will hold the public hearing on the variation standards that will allow the parking to be located where it is proposed. Chairwoman Tropinski said that the applicant already has an existing approved special use and the proposal is to amend that special use. She said that the Plan Commission was of the opinion that the applicant had satisfied the standards to recommend a special use. Chairwoman Tropinski motioned, seconded by Member Sheers to recommend approval of the special use as proposed, subject to the following conditions: 1. That each of the subdivided lots on the Clearwater property approved under Resolution R -1551, approved on April 12, 2016 shall be subject to the terms, provisions and conditions of Ordinance 2007- ZO -SU -S -1183, granting a special use for a mixed use development in the 04 District for the Subject Property; 2. That the "parking cross- access agreement" provided by the Second Amended and Restated Reciprocal Easement, Maintenance and Use Declaration, as amended or may be amended in the future ( "Agreement "), which governs the entire Clearwater development, shall remain in place and will allow all existing and future buildings to use parking spaces in the entire Clearwater development and allow full access to all existing and future buildings. 3. That all previously approved special uses and variations granted to this property not in conflict with this request will remain in full force and effect; 4. The Owner and all subsequent owners of the Subject Property shall comply with all requirements of law, including without limitation, federal, state, and local laws, ordinances, resolutions, and regulations, relating to the Subject Property. 5. Obtaining final approval of the proposed variations required to construct the additional 123 parking spaces and installation of the proposed landscaping for the new parking lot. 6. Applicant shall provide a firm commitment for the instal I ation/repl acement and maintenance of all landscaping improvements. ROLL CALL VOTE Ayes: 3 — Members Lal, Sheers and Chairwoman Tropinski Nays: 1 — Member Wilczak Absent: 3 — Member Doyle, Iyer and Member Jain. Motion Carried. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 12 of 13 May 16, 2016 6 7 C. ZONING CONSULTANT TESKA ASSOCIATES — DISCUSSION — ZONING ORDINANCE COMPREHENSIVE REVIEW OF THE VILLAGE OF OAK BROOK UPDATE ZONING ORDINANCE DISCUSSION Director of Community Development Kallien said that the lead of Teska Associates was ill and could not attend the meeting. Additional meetings will be held in the future. OTHER BUSINESS OTHER BUSINESS A. RESCHEDULE THE REGULAR PLAN COMMISSION MEETING DATE RESCHEDULE OF JULY 18 2016 TO JULY 11, 2016 JULY PLAN COMMISSION MEETING TO JULY 11, 2016 Motion by Member Sheers, seconded by Member Wilczak to reschedule the regular Plan Commission meeting from July 18, 2016 to July 11, 2016 at the same time. VOICE VOTE: Motion Carried. Director of Community Development Kallien reviewed possible upcoming cases. There was no other business to discuss. ADJOURNMENT: Motion by Member Lal, seconded by Member Wilczak to adjourn the meeting at 8:55 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 13 of 13 May 16, 2016 ADJOURNMENT