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Minutes - 03/15/2004 - Plan CommissionMINUTES OF THE MARCH 15, 2004 REGULAR OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 19, 2004. 1. 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 7:29 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairwoman Barbara Payovich, Members Paul Adrian, David Braune, Jeffrey Bulin and Marcia Tropinski. ABSENT: Members Surendra Goel and Gerald Wolin. IN ATTENDANCE: Robert L. Kallien, Director of Community Development and Dale L. Durfey, Village Engineer. 3. APPROVAL OF MINUTES: MINUTES REGULAR PLAN COMMISSION MEETING OF FEBRUARY 16, 2004 Motion by Member Braune, seconded by Member Tropinski, to approve the minutes of the February 16, 2004 Regular Plan Commission meeting as amended and waive the full reading thereof. VOICE VOTE: Motion Carried 4. UNFINISHED BUSINESS UNFINISHED BUSINESS A. VILLAGE OF OAK BROOK — ZONING ORDNANCE REVIEW VOB - TEXT AMENDMENT - PROJECT — TEXT AMENDMENT — TITLE 13 OF THE VILLAGE TREE CODE — ZONING ORDINANCE — ADD CHAPTER 15 — TREE PRSERVATION PRESERVATION REGULATIONS Director of Community Development Kallien said that it was decided at the last meeting that we would take the best of the existing regulations reviewed and create our own draft set of regulations. This turned out to be a very large task. He requested the matter be continued to the next meeting. Motion by Member Bulin, seconded by Member Tropinski to continue the hearing on the Tree Preservation Regulations to the next regular Plan Commission meeting scheduled for April 19, 2004. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Plan Commission Minutes Page 1 of 8 March 15, 2004 ., mm NEW BUSINESS NEW BUSINESS A. 700 -800 COMMERCE DRIVE RESUBDIVISION — FINAL PLAT OF 700-800 COMMERCE SUBDIVISION — VARIATION TO 14 -6 -3 -J OF THE SUBDIVISION VARIATION to o IVIS VARIAT REGULATIONS — 700 AND 800 COMMERCE DRIVE SUBDIVISION REGS. Director of Community Development Kallien said that this request is part of a two -lot subdivision that was recommended for approval by the Plan Commission. When the Village Board approved the subdivision, it included a variation to the Subdivision Regulations. It was determined that the Village Board could not grant the variation without a formal request and review by the Plan Commission. There is a memorandum in the file from the Village Engineer addressing the issue. Barbara Raffaldini, Attorney for the applicant, said that they did not realize when they went through the resubdivision process, that it would become a hardship to put iron stakes within the interior lot lines until the matter went to the Village Board. They are now seeking a variation. No one in the audience spoke in support or in opposition to the request. Motion by Member Tropinski, seconded by Member Adrian to recommend approval of the proposed variation to Section 14 -6 -3.J of the Subdivision Regulations relative to the requirement for iron pipe monumentation. In making this recommendation the Plan Commission finds that: 1. The property at 700 -800 Commerce Drive is developed with two office buildings and parking facilities. 2. The Plan Commission has previously recommended approval of a final plat of subdivision that would create separate lots of the two buildings. 3. Because of the developed nature of the property the applicant has shown that a hardship exists to require iron pipe monumentation. 4. Village Engineer Durfey recommends in his memorandum that this request is reasonable and is acceptable. ROLL CALL VOTE: Ayes: 5 — Members Adrian, Braune, Bulin, Tropinski, and Payovich Nays: 0 — None Absent: 2 — Members Goel and Wolin. Motion carried. 5. B. GVA WILLIAMS — 814 COMMERCE DRIVE — TEXT AMENDMENT — GVA WILLIAMS - ZONING ORDINANCE SECTION 13- 12- 3 -H(2) — AMEND OFF - STREET ""' AMEND - zO- SECTION 13-12-3 - PARKING REGULATIONS H(2) PARKING REGS Director of Community Development Kallien said that all of Commerce VILLAGE OF OAK BROOK Plan Commission Minutes Page 2 of 8 March 15, 2004 Drive is developed for office -type uses. The Contract - Purchaser of the building at 814 Commerce Drive has had several meetings with him and they are seeking to increase the number of parking spaces. At the present time the site does not meet the minimum requirements of the Village Code. To do any type of redevelopment on the property they would need to provide additional parking. The petitioner reviewed two different scenarios. They could have requested a variation to the parking requirements. The Ordinance states that in the ORA -1 District only 6 parking spaces are allowed in the required front yard. The required front yard is 100 feet. The ordinance does not differentiate the front yard between local streets or major streets such as 22 °a Street and York Road that are thoroughfares. As a result, it was determined that the best thing to do would be to seek a text amendment, which would apply to all properties on Commerce Drive, because other similar situations exist. If the Village Board's are supportive of this request, Director of Community Development Kallien will request that the Village look at other streets such as Swift, Enterprise, and Windsor, which are very similar streets. This could have ramifications down the road in terms of allowing a limited amount of parking in the required front yard. Larry Debb, Contract - Purchaser of the property located at 814 Commerce Drive, said that they are providing a landscape plan that exceeds the requirements of the Village because they would like to hide the parking so that it is not visible from the street. Their current problem is not only that the building does not meet the Village Code requirements for required parking; it does not meet the market requirements as well. The market has changed since these buildings were built and they have found that they need significantly more parking. Many of the buildings on Commerce Drive have already received variances. Some of the other buildings already park in the front of the building. Instead of dealing with the issue by piece meal, they would like to solve the problem once and for all, which is the reason they are seeking the text amendment. They will be doing significant improvements to the building itself. They plan to remove one of the three entrances, which has been the source of some accidents on Commerce and it will help clean up some of the traffic problems. Director of Community Development Kallien added that they reviewed a few scenarios to resolve the problem. There is an existing parking deck in the rear of the building and they had looked at opportunities to expand it. In order to expand the parking deck, relief would have been sought to the rear yard. The parking deck faces Steeplechase Subdivision and the requirements are significant in terms of the setback requirements for VILLAGE OF OAK BROOK Plan Commission Minutes Page 3 of 8 March 15, 2004 structures in that area, which abut a residential district. Not only have other properties on Commerce Drive been granted variations, but there are also properties on similar type streets such as Enterprise Drive that have been granted multiple variations on an individual basis to allow additional parking. Once you have reached a certain threshold of variations, the cause of the requests should be looked at. The basis of the matter is that there is an extraordinary setback on Commerce, which is a cul -de -sac type of street. There are other ways of landscaping to encourage green space between the street and the building. Chairwoman Payovich questioned how many properties on Commerce have received variations. Director of Community Development Kallien responded that several have received variances. On Enterprise Drive there were numerous variations granted in the early 1960's due to the same sort of problems. These are small lots that back up to roadways and needed variations to build parking for the existing office buildings. Member Bulin said that he believes it is reasonable to allow the proposed text amendment. The quality of the front yard could be enhanced with intensified landscaping in the parkway strip. He would recommend that a minimum size should be established for a shade tree. 4 -inch caliper trees are more desirable. Director of Community Development said that this would be a good first step in dealing with commercial office structures. No one in the audience spoke in support or in opposition to the request. Motion by Member Bulin, seconded by Member Tropinski to recommend approval of the text amendment to Section 13 -12 -311.2 of the Zoning Ordinance to permit additional parking in the required front yard setback for property located on Commerce Drive. The Plan Commission found that the petitioner has satisfied the standards for approval of a text amendment. In making this recommendation the Commission finds that: 1. In the ORA -1 and ORA -2 Districts, a 100 -ft. building setback is required. Within this area only six off - street parking spaces are permitted. 2. The primary reason for this provision is to increase the amount of landscaping/open space along the thoroughfares. 3. Office uses in ORA -1 and ORA -2 front major thoroughfares such as 22nd Street and York Road, as well as local collector streets such as Commerce Drive, Enterprise Drive, Windsor Drive and Swift Dr. VILLAGE OF OAK BROOK Plan Commission Minutes Page 4 of 8 March 15, 2004 4. The Village has issued a number of variations for similar properties along Enterprise Drive to permit parking in the required front yard setback. 5. The request to permit additional parking in the required front yard setback along Commerce Drive is deemed reasonable and will permit additional development /redevelopment. 6. Adequate landscaping of parking facilities in the required front yard will maintain the open space concept originally called for in the overall development scheme for Oak Brook. Staff should review 4- inches as the minimum size caliper for trees. 7. No testimony or comments have been received which show that this text amendment will have a negative impact on any property along Commerce Drive. ROLL CALL VOTE: Ayes: 5 — Members Adrian, Braune, Bulin, Tropinski, and Payovich Nays: 0 — None. Absent: 2 — Members Goel and Wolin. Motion Carried 5. C. TUSCANY OF OAK BROOK, INC. 1415 22nd STREET — SPECIAL USE — TUSCANY O sCANY — 1415 ZONING ORDINANCE SECTION 13- 10 -D -2 — 0-3 DISTRICT — OUTDOOR OOP OUTDDOOR DINING DINING ADJACENT TO A RESTAURANT Director of Community Development Kallien said that there has been a renewed interest in outdoor dining. Last month the Plan Commission gave a recommendation of approval to allow outdoor dining areas as a permitted use in the 0-3 District. This case is also in the 0-3 District. Steven Morin, Manager at Tuscany of Oak Brook reviewed the proposal. There will be minimal construction, such as a 3 -foot high metal fence around the outdoor dining area. The proposed site for the outdoor dining has existed since the restaurant opened. They will just be adding fencing around the area and gates. There have never been any safety issues with the proposed area. Member Adrian said that in the past with applications for other outdoor dining areas, there has been an issue of safety. At Tuscany, there is not an issue of safety because the road is not traveled, it is more of a valet area. He said that he supports the application. Member Bulin added that the patio space already exists. Member Braune questioned whether the plantings and bushes already exist. Mr. Morin responded that there are mature existing plantings and the fence VILLAGE OF OAK BROOK Plan Commission Minutes Page 5 of 8 March 15, 2004 17�?e will be located inside the bushes. Motion by Member Adrian, seconded by Member Braune 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. In making this recommendation, the Commission finds that: 1. Tuscany Restaurant is zoned 0-3 Office District in the Village. 2. The Plan Commission has previously recommended approval of a text amendment to permit outdoor dining arrangements as a special use in the 0-3 zoning district. Approval of this special use will be conditioned upon approval of the text amendment by the Village Board. 3. Several restaurants in the Village including a number located at the Oakbrook Center have approved special uses for outdoor dining arrangements and successfully operate those facilities for the benefit of their patrons as well the community. 4. Tuscany of Oak Brook, Inc. proposes a 56 seat outdoor dining arrangement that will be available between April 1st and October 15th of each year (weather permitting). 5. Tuscany of Oak Brook has submitted a list of conditions on page F of the case file that is to be made part of the special use approval. 6. The outdoor dining arrangement proposed by the applicant is consistent with previously approved special uses for other outdoor dining arrangements. 7. The proposed layout for the outdoor dining arrangement incorporates additional safety measures including a three -foot high decorative metal and canvas railing inside of an existing landscaped area to offer a reasonable level of protection for the patrons. ROLL CALL VOTE: Ayes: 5 — Members Adrian, Braune, Bulin, Tropinski, and Payovich Nays: 0 — None. Absent: 2 — Members Goel and Wolin. Motion Carried 5. D. VILLAGE OF OAK BROOK — REVIEW PROJECT — PLANNED UNIT Vos - REVIE w PROJECT - PUD DEVELOPMENTS (PUD) Director of Community Development Kallien said that the Village is very limited in its ability to control architecture. Being a non -home rule community, the only opportunities that exist are either through a special use or through a planned unit development, where as part of the approval VILLAGE OF OAK BROOK Plan Commission Minutes Page 6 of 8 March 15, 2004 process you can negotiate different architectural features, landscaping, layout, etc. It gives you the opportunity to include a lot of different conditions relevant to different things. The Village Board looked at this issue a couple of years ago, and at that point they were not interested in a text amendment. Trustee Aktipis felt that it was reasonable to look at it again. The information that was previously sent to the Village Board has been provided for the Plan Commission to review. He asked the Commissioners to review the information and then the discussion process can begin at the next Plan Commission meeting. Member Braune asked for an explanation of the concept of a PUD. Director of Community Development Kallien said that under Zoning there are permitted uses and very specific controls regarding setbacks, height, bulk, etc. If something is not listed, it is not permitted. Under a Planned Unit Development scheme, everything is negotiable. Some PUD's allow a mixture of land uses so that residential and commercial offices uses can be combined in an individual building. Heights, setbacks, parking can be used as a trade -off to get additional landscaping, etc. A project can manipulate the regulations so that you can get something a little different. The office complex on Highland and 31St Street is a PUD. They were able to orient the buildings and parking structures differently, without the need for variations. Member Bulin said that the advantage of establishing a PUD is in the event of redevelopment or rezoning. It then becomes attractive for a developer to redevelop some of the current areas. There is potential for it. Director of Community Development Kallien said that in a PUD, uses could be mixed in a single structure. If a site is redeveloped, the entire proposal comes as a package and if any element is altered it has to go back through the process. It allows developers to be creative. Chairwoman Payovich asked if there were any downsides to a PUD. Director of Community Development Kallien said that the reluctance to go to Planned Unit Developments is that they can involve a lot of variations in various degrees to the Zoning Ordinance. Oak Brook has always been known to look at variations negatively. It is difficult to get a variation in Oak Brook. He would never advocate doing a subdivision under a PUD. Some of the Golf Course communities in the area have clubhouse facilities VILLAGE OF OAK BROOK Plan Commission Minutes Page 7 of 8 March 15, 2004 r 7 and meeting spaces along with single family and townhouse development and packaged under a single plan, which is a PUD. Motion by Member Adrian, seconded by Member Bulin to continue the review of Planned Unit Developments to the next regular Plan Commission meeting scheduled for April 19, 2004. VOICE VOTE: Motion carried. OTHER BUSINESS There was no other business to discuss. ADJOURNMENT: Motion by Member Braune, seconded by Member Adrian to adjourn the meeting at 8:10 p.m. ATTEST: Robert Kallien, D' ctor of ommunity Development Secretary VILLAGE OF OAK BROOK Plan Commission Minutes Page 8 of 8 March 15, 2004 OTHER BUSINESS ADJOURMENT