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Minutes - 03/17/2003 - Plan CommissionVILLAGE OF OAK BROOK PLAN COMMISSION MINUTES March 17, 2003 1. CALL TO ORDER The meeting was called to order at 7:39 p.m. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: A quorum was present. IL APPROVAL OF MINUTES Chairwoman Barbara Payovich Members Paul Adrian David Braune Jeffrey Bulin Marcia Tropinski Surendra Goel Gerald Wolin Trustee Elaine Miologos Trustee Stelios Aktipis Director of Community Development Robert Kallien Member Braune moved, seconded by Member Bulin, to waive the reading of the February 17, 2003 Plan Commission meeting minutes and to approve them as amended. VOICE VOTE: All in favor. Motion passed. Ill. OAKBROOK SHOPPING CENTER — TEXT AMENDMENT AND SPECIAL USE — SPECIALTY RETAIL PROGRAM Chuck Fleming, Vice President, General Manager of the Oakbrook Center introduced the following people who will be taking part in the presentation this evening. Danielle Cassel, Attorney, Piper Rudnick, Susan Houck, Regional Manager, Retail Marketing, The Rouse Company (ownership of the Oakbrook Center), and Suzanne Beres, Marketing Manager, Oakbrook Center. They are seeking text amendment and special use approval for the creation of a specialty retail program in the common areas of the shopping center. In response to the concerns of the Plan Commission at the last meeting, they have tried to address most of those issues. • Food Pavilion — The location has been moved from the turn - around area by the Professional Building to where the proposed Community Pavilion would have been located. The structure and use will not change. To accommodate the pavilion at the new location a few small changes have been made. The small food kiosk that was to be in that area will be moved to Phase 2. • One food kiosk planned for Phase 1 will be moved to Phase 2, and one that was planned for Phase 2 will be moved to Phase 1. There will still be the same total number; they have just been rearranged so that there is better coverage throughout the shopping center. PLAN COMMISSION Minutes March 17, 2003 1 PC -MTG 03 MAR.doc • Another concern was the materials to be used on the new structures. The pictures are in the file as Options 1 and 2. The actual material boards were brought to the meeting so that the Commissioner's could see them. The colors are very subtle. Option 2 was taken from the material used last year in the renovation program to the canopy system throughout the Center. Both options have tried to take architectural and design elements of the shopping center and to build structures and kiosks that would match the existing environment. Danielle Cassel, Attorney for the Center, said that they are seeking a favorable recommendation for a text amendment and special use. The proposed ordinances are included in the case file and 17 conditions to the special use have been included. Two changes are proposed to the list of conditions. • The first change would be to condition #6, to read "At the close of each "operating season, carts and mobile units, etc." instead of "each day's operation, and whenever not in use, carts and mobile units, etc." • The second change would be the addition of an 18th condition as follows: "The goods marketed and sold throughout the Specialty Retail Program will not be materially different in character or quality than the goods sold throughout the remainder of the property." The additional condition is a standard of the high quality by which the Center is known for today. Member Adrian moved, and Member Tropinski seconded, that the petitioner has met the standards as required by ordinance to recommend approval of the proposed text amendment to the B -2 zoning district to amend a special use for a "Specialty Retail Program" as submitted. ROLL CALL VOTE: Ayes: 5- Adrian, Braune, Bulin, Tropinski and Payovich Nays: 0- Absent: 2 - Goel and Wolin Motion Carried. Member Adrian moved, and Member Tropinski seconded, that the petitioner has met the standards as required by ordinance for a special use and is deemed necessary for the public convenience at this location and is proposed to be designed, located and to be operated so that the public health, safety and welfare will be protected; and will not cause substantial injury to the value of other property in the neighborhood, and as such, to recommend approval of the proposed special use in the B -2 zoning district for a "Specialty Retail Program" with the 17 conditions submitted and to include the following changes to those conditions: 1. Condition #6 to read: At the close of each operating season, carts and mobile units shall be stored in a completely enclosed building within Oakbrook Center. 2. Add condition #18 to read: The goods marketed and sold through the Specialty Retail Program will not be materially different in character or quality than the goods sold throughout the remainder of the property. 3. A detailed description and rendering of the interior of the Food Pavilion and how the structure relates to its new location, is to be provided for the Zoning Board of Appeals to review. ROLL CALL VOTE: Ayes: 5- Adrian, Braune, Bulin, Tropinski and Payovich Nays: 0- Absent: 2 - Goel and Wolin Motion Carried. Chairwoman Payovich noted that special attention should be given to the Zoning Board of Appeals regarding condition #15 (children's play area) and that it was a concern of the Plan Commission. PLAN COMMISSION Minutes 2 PC -MTG 03 MAR.doc March 17, 2003 Member Bulin also requested that more information be provided to the Zoning Board of Appeals to see a more detailed description of the interior of the pavilion structure and how it relates to the site. The motion was amended to include this request. Mr. Fleming said that as part of the presentation to the Zoning Board of Appeals they would have that information provided. He thanked the Plan Commission for the time and effort expended by the Plan Commission. It has been helpful to them and they plan to have a program of which everyone can be proud. IV. VILLAGE OF OAK BROOK - ZONING ORDINANCE REVIEW PROJECT - TEXT AMENDMENT - TITLE 13 of the VILLAGE CODE - CHAPTER 13 -3 -6B - ACCESSORY USES - CHAIN -LINK FENCE REGULAT IONS Director of Community Development Kallien summarized that chain -link fences are allowed almost everywhere in the community (approximately 34 lineal miles). There are some very good examples of chain -link fence and others that make you wonder how they happened. The Board's direction is to significantly limit the future utilization of chain -link fence material. People who have existing chain -link fences would be allowed to repair and maintain them. Instead of chain -link they would be asked to use an alternate type of system, however, there is hope that this change would raise the bar. Member Braune questioned if certain areas were more contentious than others. Director of Community Development Kallien said that an effort has been made to limit chain -link fence usage. Member Adrian said that "sports use" should be defined. If someone wants to put a chain -link fence in the backyard, they could put a badminton setup and call that a sports use. Director of Community Development Kallien suggested that it would be a permanent accessory structure such as tennis court, basketball court, and baseball diamond. Member Adrian asked about golf greens because they are something that you would want to protect and keep people out. He is aware of people in town that have them. Several homes have a 100 -yard par 3 golf hole in their backyard, including sand traps, and are made of a synthetic material. The ones he has seen include a fence around the perimeter of their home. Director of Community Development Kallien said that in that situation would require further review or variance. There are only a few of these in the community, and there may be other issues involved. Director of Community Development Kallien reviewed the acceptable uses for sports use -- tennis court, basketball court, baseball, sport court, and golf. Member Bulin suggested that the language list the use of a fixed sport surface, such as a synthetic material. Member Tropinski asked if someone lived near an open prairie or forest preserve and wanted to put up a chain -link fence for the purpose of keeping animals out, would it be best handled as a variance? Director of Community Development Kallien said that it would be appropriate to apply because they have a unique circumstance that is specific to their property. The purpose of this is not to create a hardship for people, but to create a higher standard. Many of those types of properties already have a chain -link fence and may only need to repair or replace a portion of the fence. PLAN COMMISSION Minutes 3 PC -MTG 03 MAR.doc March 17, 2003 As an example, a variance was applied for by Mr. Sprieser, whose property was surrounded by forest preserve. His fence needed repairing and his request, which included an extension of the chain -link fence, was approved by the Village Board. The installed fence cannot be seen because of the amount of vegetation. Member Bulin moved, seconded by Member Braune that the proposed text amendment be recommend for approval with the following conditions: 1. Sports Courts /Fields - to include tennis court, basketball court, baseball, and sports court with a fixed sport surface. 2. Any use of chain -link fence that is in conflict with the provisions would require approval of a variation. ROLL CALL VOTE: Ayes: 5- Adrian, Braune, Bulin, Tropinski, and Payovich Nays: 0- Absent: 2 - Goel and Wolin Motion Carried. V. OTHER BUSINESS Director of Community Development Kallien said that on a future agenda the review of the Comprehensive Plan would commence. V1. ADJOURNMENT Member Braune, seconded by Member Bulin to adjourn. VOICE VOTE: All in favor. Motion carried. Meeting was adjourned at 8:36 p.m. PLAN COMMISSION Minutes S PC -MTG 03 MAR.doc y Director of Community Development Secretary Date Approved March 17, 2003