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Minutes - 02/16/2004 - Plan CommissionI 2 3 4 MINUTES OF THE FEBRUARY 16, 2004 REGULAR OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON MARCH 15, 2004. CALL TO ORDER: CALL TO ORDER The Regular Meeting of the Plan Commission was called to order by Chairwoman Payovich in the Samuel E. Dean Board Room of the Butler Government Center at 7:30 p.m. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairwoman Barbara Payovich, Members David Braune, Jeffrey Bulin, Marcia Tropinski, and Gerald Wolin ABSENT: Members Paul Adrian and Surendra Goel IN ATTENDANCE: Robert L. Kallien, Director of Community Development APPROVAL OF MINUTES: MINUTES REGULAR PLAN COMMISSION MEETING OF JANUARY 19, 2004 REG MTG 1 -19 -04 Motion by Member Wolin, seconded by Member Braune, to approve the Minutes of the Regular Plan Commission Meeting — January 19, 2004. VOICE VOTE: Motion Carried NEW BUSINESS NEW BUSINESS A. OAK BROOK MARRIOTT HOTEL — 1401 22nd STREET — TEXT 1401 22i' Street AMENDMENT — ZONING ORDINANCE SECTION 13- 10 -D -2 — 0-3 Oak Brook Marriott Hotel —Text Amend — DISTRICT — AMEND SPECIAL USE TO INCLUDE OUTDOOR DINING Add Outdoor Dining ADJACENT TO A RESTAURANT Director of Community Development Kallien said that this request is part of a two step process. The Oak Brook Marriott Hotel is zoned 0-3 and at present that District does not have any provisions for outdoor dining. Their first request would be to amend the special use text in the 0-3 District to add outdoor dining and the second part would be the review of their request for outdoor dining. Larry Dziurdzik, Land Planner and Landscape Architect with the firm of Allen Kracower, is representing The Marriott Hotel and A.A. Burns and Company, the petitioners in this matter. They are seeking a text VILLAGE OF OAK BROOK Plan Commission Minutes Page 1 of 10 February 16, 2004 ZLIC-- it be added as a special use. The amendment factors are included as part of their application. Member Wolin said that the text amendment makes a lot of sense. If there are restaurants in office buildings, people like outdoor dining and he agrees that it should be a special use, because there may be circumstances that it might not be desirable, either for safety reasons. Member Braune questioned if this area was the only 0-3 District in the Village. Director of Community Development Kallien said that the 0-3 District is bordered by 22nd Street, I -88, Route 83 and Spring Road. Member Wolin moved seconded by Member Tropinski to recommend approval of the proposed text amendment in the 0-3 District to add a special use for outdoor dining adjacent to a restaurant. In making this recommendation the Plan Commission finds that the applicant has satisfied the applicable standards required for a text amendment to the Zoning Ordinance. The amendment is reasonable and will further enhance the services provided by the Hotel as well as other restaurant uses in the District. ROLL CALL VOTE: Ayes: 5 — Braune, Bulin, Tropinski, Wolin and Payovich Nays: 0- Absent: 2 — Adrian and Goel 4. B. OAK BROOK MARRIOTT HOTEL — 1401 22 °d STREET — SPECIAL USE — 1401 22 Street ZONING ORDINANCE SECTION 13- 10 -D -2 — 0-3 DISTRICT — OUTDOOR oak Brook Marriott Hotel — Special Use DINING ADJACENT TO A RESTAURANT Outdoor Dining Larry Dziurdzik, Land Planner and Landscape Architect with the firm of Allen Kracower, represented The Oak Brook Marriott Hotel and A.A. Burns and Company, the petitioners in this matter. He reviewed the location and surrounding properties. They are proposing the outdoor dining area to be located directly south of 22nd Street in a drop off, turn around area that exists today. The area is comprised of an existing circular landscape island. The drop off is already in place and there is a sidewalk adjacent to the drop off. There are existing plantings. A photograph was included on page I of the case file that illustrates the current conditions. They are proposing to incorporate some of the existing plant material and small walls into the design. They have designated both an east and west outdoor dining area. The east outdoor dining area is adjacent to an existing restaurant. On the west side will be a more formal dining area. There will be 48 seats on each side for a combined total of 96 seats. Safety was a very important factor in this design. They were concerned about the proximity of the vehicular turn around area to the outdoor tables and VILLAGE OF OAK BROOK Plan Commission Minutes Page 2 of 10 February 16, 2004 W-.-a seating so they have incorporated a number of things to protect the patrons. They have provided a 36 -inch detectable warning strip at the curb of the vehicular drive that separates the pedestrians from vehicular traffic. They have also provided a large buffer, which includes a five foot wide sidewalk, combined with the detectable warning strip so there would be a total of 8 feet from the back of the curb to the outdoor dining area. They have also included a 25 -inch high pre -cast masonry barrier wall. The outdoor dining area is totally enclosed on both sides and is a symmetrical design. The have proposed two points of egress and ingress on the east dining area and two points of egress on the west dining area. They feel that it is important on the east side to allow the patrons to enter and exit the dining area, primarily because the majority of the parking would be to the east of the building. The majority of the traffic will be along the walkway. They would like patrons to enter the outdoor dining area, rather than coming through the main entrance, because it is a convenience factor. Accent perimeter lighting will be provided so that pedestrians know exactly where vehicular traffic might occur. Lights will be mounted in the top of the existing concrete canopy. The lights will shine downward on the pavement to light the area. There is a flush curb, which means that the sidewalk is one continuous elevation with the asphalt. It has been designed this way for drainage and it reduces the tripping hazard when people are dropped off by a taxi or limo, so as not to cause an obstruction with luggage, etc. Ted Selogie, General Manager of the Oak Brook Marriott Hotel, said that the owner sees the hotel as an uncut diamond. They have been willing to invest in this property as no other owner in any of the other Chicago land hotels has done. It has been done in a very tough economic time in the hotel business. They have spent about $60,000 dollars in exterior landscape to give the hotel a more boutique feel to it. The berm project which removed the two hills that existed in the front of the hotel was nearly a one million dollar investment. The owners asked for a rate of return on the project and they were told that it would not allow him to book another room, but the hotel would look prettier. They went ahead with the investment to ensure that the hotel would have the type of curb appeal that appeals to Oak Brook. The intent here is to do nothing more than continue to enhance the hotel, which they believe will be a polished jewel for the Oak Brook community. The outside seating caf6 lends itself to some of the great boulevards in Chicago and throughout the world so that people have an opportunity to sit outside and enjoy some of the fine weather in a very short timeframe. They are developing a Starbucks on the far northeast comer of the property that will be mixed use for the outdoor seating arrangement. They have brought in a chef through their Renaissance brand VILLAGE OF OAK BROOK Plan Commission Minutes Page 3 of 10 February 16, 2004 _121 that has really helped to boost their business in the restaurant end. The catering business has flourished, but their reputation is around the existing restaurant. The outdoor dining location is far enough away from 22nd Street but close enough to show a point of interest. The proposal follows suit with what they are doing with the rest of the hotel to adapt to the classy look of Oakbrook Center. They think they are going to be positioned for the economic growth for Oak Brook itself. Member Wolin questioned what the warning strip consisted of and whether cars would drive over it, as well as asking for an explanation of the flush curb. Mr. Dziurdzik responded that it would be either granite or precast concrete pavers section, with a truncated dome. The intent is for pedestrians walking on the sidewalk that might be visually impaired or if someone did not realize they were getting too close to the vehicular drop off area. This area is primarily an area for limousines to drop off patrons and the intent was to provide a different texture for pedestrians. It provides a visual as well as a different feel when it is walked across. If someone were blind, they would notice it with their cane. It meets the ADA accessibility requirements. A typical curb in the street is 6" or higher and the asphalt is slightly lower and the parkway is slightly higher. In this instance, the curb is actually a recessed curb which is level with adjacent pavements, the asphalt and sidewalk. It will be a different color. Mr. Selogie added that the main egress for the hotel was changed to the west side of facility. A portico was built which carries most of the traffic for the property. The traffic light comes right at that spot, not at the front of the hotel, which serves as exit and egress onto 22nd, which is only a one - way situation. Member Bulin commented that he thinks it is a good plan. Chairwoman Payovich questioned the perennial plantings and that the plan appeared to have openings into the seating area. Mr. Selogie commented that there is a seat wall that runs the circumference of the inside, so that it cannot be accessed. Director of Community Development Kallien noted that all of the other outdoor dining arrangements in town have access to the outdoor area limited from within the hotel or restaurant so that someone would enter through the facility before they could enter the outdoor dining area. The philosophy has been to control the comings and going of people. VILLAGE OF OAK BROOK Plan Commission Minutes Page 4 of 10 February 16, 2004 Mr. Selogie responded that within the interior they are going to reposition the host stand that will have an attendant during all hours of operation. Starbucks will have a manager that will manage the space from an exterior standpoint from 5:30 a.m. until 10:30 p.m. The trees are approximately 8 feet and are mature enough to provide good site lines. Mr. Dziurdzik added that the foliage starts at about 6 to 7 feet. Director of Community Development Kallien said that the hotel has made a number of changes to the facility and have made it a far more pleasant hotel both from the exterior and interior. Member Braune noted that he was impressed that they had taken into account the safety features on the perimeter. Mr. Selogie said that the owners are willing to make a long term capital investment and this is part of it. He believes the Village will be very happy with the finished product. Member Bulin said that the Plan Commission found that that the petitioner has satisfied the standards for approval of a special use as follows: 1. The Commission has made a recommendation to add outdoor dining as a special use in the 0-3 District. 2. The applicant has satisfied the standards required for a special use as outlined on page F -F.1 of the case file. 3. The proposal is consistent with previously approved special uses for other outdoor dining arrangements. 4. The Commission is comfortable with the level of safety on the circular drive and adjacent dining. The applicant has submitted a list of conditions on page E and E.1. that will be followed and are part of case file. Motion by Member Bulin moved seconded by Member Wolin that the petitioner has satisfied the applicable standards required to recommend for approval of the special use as stated above subject to the following conditions. 1. The approval of the text amendment to allow outdoor dining as a special use in the 0-3 District. 2. Adhere to all conditions contained on pages E -E.1 of the case file. VILLAGE OF OAK BROOK Plan Commission Minutes Page 5 of 10 February 16, 2004 Im 3. Adhere to all conditions contained on pages E -E.1 of the case file. Ayes: 5 - Braune, Bulin, Tropinski, Wolin and Payovich Nays: 0- Absent: 2 - Adrian and Goel 4. C. VILLAGE OF OAK BROOK — ZONING ORDINANCE REVIEW Village of Oak Brook — Text Amend — Add to PROJECT — TEXT AMENDMENTS — TITLE 13 OF THE VILLAGE zoning Ordinance CODE — ZONING ORDINANCE — CHAPTER 15 — TREE Chapter 15 - Tree Preservation PRESERVATION REGULATIONS Regulations Director of Community Development Kallien summarized the work done on the proposed tree preservation regulations. He noted that additional material has been collected for review. He said that Member Bulin and Member Tropinski have also contributed material from their own research. Some material is complex, while some is very basic. He said that it is his opinion that Oak Brook has been very lucky, because no one has done what had occurred in Lake Forest or some of the other towns where large stands of trees or wooded areas have been clear cut. It is his understanding that Forest Gate was wooded, but some people say that they were not high quality woods. The large number of plantings that have been provided in the Forest Gate Subdivision will result in it turning into a heavily wooded area. The developer has planted 3 to 4 times the number of trees required- and those planted were sizable. Oak Brook needs a safety net. At this point we do not need an ordinance that would be difficult for staff to enforce or burdensome to the residents. For the most part the residents of all the various subdivisions there is a long history of people planting numerous trees and maintaining them. They have done a very good job at adding and maintaining vegetation on their property. There is a commitment by a large number of people to ensure that their property fits in with the rest of Oak Brook. Whatever language is developed for the Tree Preservation Regulations it should begin on the leaner side. We could then revisit the Ordinance 6 to 12 months later, or if something happens we could stop a project to ensure that the regulations are tweaked a bit to make sure the Village is not able to address a specific issue. Oak Brook is a redevelopment type of community and the majority of our development will be tearing down and rebuilding a house in its place. There are not large vacant tracks of property that can be clear -cut. The Forest Preserve District created some excitement when they cleared trees to build the parking lot; however, it is his understanding that they will be VILLAGE OF OAK BROOK Plan Commission Minutes Page 6 of 10 February 16, 2004 planting many more trees in their place. This ordinance would probably accomplish what they plan to do. In response to a question regarding some review material, the Public Works Director had reviewed some of the documents and noted that some of the language regarding diseased trees and trees that are located in the right of way are already regulated by the Public Works Dept. Director of Community Development Kallien said that before an ordinance can be crafted, but we need to review the questions first asked. Once those questions are addressed then it would be easy to find some well- written sections from other ordinances to meet our needs. We do not want to create a huge bureaucracy because we simple do not have the staff to enforce it. Page 13 of the file lists the questions that need to be addressed. What types of properties or situations should a tree preservation ordinance apply? Should it apply to all parcels, residential only, or limited by size. Response: Members all agreed that it should apply to all parcels. Member Wolin noted that someone could have a small property with beautiful trees and just decide to take them all down. What types of properties or situations should be specifically exempt from a tree preservation ordinance? For example, if there were a property with a special use as part of the project should it be excluded? Response: Member Bulin said that he could not think of a property that should be exempt. Member Tropinski said that she was thinking more along the lines of economic hardship. Director of Community Development Kallien said that if there were an economic hardship they could seek a variance that would show hardship. Consensus was that a property would be exempt if there were a special use that required a detailed landscape plan as part of the project. All agreed. Should tree preservation be limited to the entire property or just the buildable area or the required yards? Director of Community Development Kallien said that his opinion is that if someone bought a 2000 square foot house, but the buildable area covers 8000 square feet the expectation is that they should be allowed to build within the buildable area. Response: Member Braune said that at the previous meeting a resident VILLAGE OF OAK BROOK Plan Commission Minutes Page 7 of 10 February 16, 2004 0 was of the opinion that if trees are on the buildable footprint, he did not see why people should need to replace those trees. Consensus was that it should be on the entire property. Should tree replacement be tree for tree, inch for inch or another basis? Response: Member Bulin noted that they are schedules contained in some of the tree ordinances. Naperville's ordinance states that if a trunk size is between 4 and 9 inches, then three 2 -inch trees must be planted. If the trunk size is between 10 and 15 inches, then five 2 -inch trees must be planted. Director of Community Development Kallien said that for the next meeting he will find 2 or 3 that look good to pick from. Should the tree preservation ordinance require any tree that is replacing a removed tree, be of the same species or do we care? Response: Member Wolin said that he would suggest that we use a list of preferred trees. Member Wolin agreed and noted that some communities have a list of trees that are discouraged form being planted. For example, in Elmhurst had nothing but elm trees, then the Dutch elm disease came along and destroyed all the trees. Variety should be used and Member Tropinski added that it is also important to use variety as flexibility for design. Director of Community Development Kallien said that he would find some lists of encouraged and discouraged trees for the next meeting. What provisions relative to tree preservation should be in place that would address the potential of a dead or diseased tree? Director of Community Development Kallien said that the Public Works Director said that they have the ability in the Public Works standards to remove elm trees if necessary. Response: Director of Community Development Kallien said that we could make a reference this through the Property Maintenance Code or the Public Works Standards -8. Should a permit be issued for tree preservation/replacement and should tree preservation issues be handled by staff, or first reviewed by a Board, Commission or Village Board? Response: Member Tropinski said that staff should review it. Director of Community Development Kallien said that he agrees, unless it would be a complex issue, such as the one with the Forest Preserve District. Member Bulin questioned what would be required by the applicant to submit to staff VILLAGE OF OAK BROOK Plan Commission Minutes Page 8 of 10 February 16, 2004 t` :i� for review, i.e., a tree survey or a handwritten sheet. Director of Community Development Kallien said that if someone wants to take down trees, they should provide a plat of survey that would identify the size, species and location of all existing trees prepared by a landscape architect or forester. As part of the survey, they would note the trees to be removed and the location of replacement trees. It would be a reasonable request. Member Bulin said that if they are removing one tree in order to install a deck, a written description should be sufficient. Director of Community Development Kallien said that if someone is going to do a teardown, detailed information should be listed possibly by a landscape professional. Director of Community Development Kallien said that he will look for what he thinks is the best information. Director of Community Development Kallien said that we will have a process in place and asked what the penalty there may be for noncompliance. He will review fines, etc., imposed by other towns. Currently, the way our fine system works is that those is violation may be fined, but they would still be required to comply with the regulations. Member Tropinski commented that it would be a service to anyone building or renovating a house, that there should be a tree preservation plan applied to control the drip line. When the General Contractors come in, they are not aware of how important it is to protect the drip line of the old oak trees. Director of Community Development Kallien agreed, and said that we will include a requirement that there be some type of tree preservation protection requirement during construction. Director of Community Development Kallien said that some trees become large and overhang houses and become potential hazards for falling on roofs, we have to have something that would protect a house, so that they could take down limbs. He would try to contact Wilmette and Winnetka and try to find out what they are doing that is unique for their circumstances and will prepare a report. He said that there is some legitimacy to enact some regulations. He also will try to locate some information in other tree ordinance regarding the moving of trees. Director of Community Development Kallien said that he would put something together, to include, defining the permit process and a section on what happens if they do not follow the process. A variance can always be sought. VILLAGE OF OAK BROOK Plan Commission Minutes Page 9 of 10 February 16, 2004 -'i� 5 N Chairwoman Payovich said that the discussion tonight would not make anything overly restrictive. The majority of people will not have a complaint; we have tried to preserve the look of the Village. Member Wolin moved, seconded by Member Braune, to continue the matter to the March 15, 2004 Plan Commission meeting. Motion by Member Wolin, seconded by Member Braune, to continue the matter to the March 15, 2004 Plan Commission meeting. VOICE VOTE: Motion carried. OTHER BUSINESS There was no other business to discuss. ADJOURNMENT: Motion by Member Braune, seconded by Member Wolin to adjourn the meeting at 8:50 p.m. ATTEST. L� Robert Kallien, Direefor of Vommunity Development Secretary VILLAGE OF OAK BROOK Plan Commission Minutes Page 10 of 10 February 16, 2004 Other Business ADJOURMENT