Loading...
Minutes - 06/21/2004 - Plan CommissionMINUTES OF THE JUNE 21, 2004 REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON SEPTEMBER 20, 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 7:30 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, Surendra Goel, Jeffrey Bulin, Marcia Tropinski and Gerald Wolin. IN ATTENDANCE: Robert L. Kallien, Director of Community Development and Dale L. Durfey, Village Engineer. 3. APPROVAL OF MINUTES: MINUTES v REGULAR PLAN COMMISSION MEETING OF MAY 17, 2004 Motion by Member Wolin, seconded by Member Goel, to approve the minutes of the May 17, 2004 Regular Plan Commission meeting as amended and waive the full reading thereof. VOICE VOTE: Motion Carried SPECIAL PLAN COMMISSION MEETING OF JUNE 1, 2004 Motion by Member Wolin, seconded by Member Goel, to approve the minutes of the June 1, 2004 Regular Plan Commission meeting as written and waive the full reading thereof. VOICE VOTE: Motion Carried 4. UNFINISHED BUSINESS UNFINISHED BUSINESS A. VILLAGE OF OAK BROOK — REVIEW PROJECT — PLANNED UNIT NOB - REVIE w PROJECT — PUD's DEVELOPMENTS (PUD) Motion by Member Adrian, seconded by Member Braune to continue the hearing on the Village of Oak Brook — Review Project — Planned Unit Developments (PUD) to the regular Plan Commission meeting scheduled for August 16, 2004. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Plan Commission Minutes Page 1 of 24 June 21, 2004 RMOMM, i • • • 3 5. NEW BUSINESS NEW BUSINESS MCDONALD' S PROPOSAL FOR THE DEVELOPMENT OF SPRING McDonald's Proposed ROAD AND 22" STREET Overvop`ment Director of Community Development Kallien gave a brief overview of the proposal. McDonald's Corporation owns the 9+ acres of property located at the northeast corner of Spring Road and 22nd Street and over the last few years, they have proposed a number of scenarios for future development of the site. This is their latest concept. Chairwoman Payovich asked the applicant for an overview of the entire project prior to presenting each formal request. Jack Lawlor, Attorney for McDonald's, with Sonnenschein, Nath and Rosenthal LLP. He thanked staff for the time and effort spent on the review and processing of the many applications submitted. He introduced the following persons that would be providing information at the meeting as follows: Joe Endress, Director, McDonald's Corporation; Corey Andrews, Site Acquisition Manager for McDonald's Corporation, Greater Chicago; Libby Ertel- Fisher, Project Manager for the Greater Chicago Region; and Tony Pagliuca, Lead Architect, McDonald's Worldwide Development. The consultants on the project are Luay Aboona, KLOA, Inc. Traffic Engineer, Terrence O'Brien, Real Estate Appraiser and Lucas Castor, Brickman Landscaping. McDonald's is very excited about the possibility of locating a flagship McDonald's restaurant at the northeast intersection of 22nd Street and Spring Road. This is not an ordinary McDonald's. It has an extraordinary design that evokes the magnificence of the South Campus, a component of McDonald's world headquarters. Within the structure is the new McCafe concept that the corporation is quite proud of. They would like to get the structure open in conjunction with the 50th anniversary of McDonald's next April (2005). The existing "Archways" restaurant in the Plaza 1 headquarters building, located just east of the subject property will close. The new restaurant will serve the same function. It will be a demonstration restaurant for Wall Street analysts, investors, vendors, franchisees, etc., from all around the world that comes here to the world headquarters in Oak Brook. The new restaurant and McCafe will share the same building. In many respects this is not an intensive use of the property. The 10,500 square foot building will only be 271/2 feet in height; not the 8 -10 stories permitted under the current zoning. It will utilize a unique location that is ideal in many respects. The properties ORA -2 zoning already VILLAGE OF OAK BROOK Plan Commission Minutes Page 2 of 24 June 21, 2004 7 supports the use of a restaurant as a permitted use. They think the site is ideally located to support the nearby office populations, pedestrians in the Oakbrook Center and the motoring public. They believe that the office population is underserved as to moderately priced lunchtime dining in this area. The site is also well located from a traffic - engineering standpoint.. The primary entrances are right- in/right -out turning movements, so there would not,be traffic conflicts that might be seen at other locations. Full access will also be available from Commerce Drive to the north. This is the Plaza II block, bounded by Commerce Drive on the north, McDonald's drive on the east, 22nd Street on the south, and Spring Road to the west. The restaurant parcel is approximately 160,000 square feet; the balance of the Plaza II block is approximately 256,000 square feet for a total of 417,000 square feet. They are seeking a subdivision of the restaurant parcel from the balance of the site to create a 2 -lot subdivision. Currently; there are 3 lots within that subdivision. The 2 -lot subdivision would facilitate future development of the L- shaped parcel at such time that McDonald's needs to grow or because the markets have improved locally to look at development of the site. The site is located in an ORA -2 zoning district, which is geared primarily toward office development. They believe the proposed development is consistent with land uses in the vicinity. The surrounding zoning uses are • ORA -2 to the north, B -2 (the Oakbrook Center) is to the west, ORA -2 to the south is another office complex, and to the east ORA -2 on McDonald's Drive is the McDonald's Plaza 1 world headquarters building. There is only one ORA -2 District area in the Village. McDonald's is seeking text amendments to achieve the goal of implementing a restaurant use within the ORA -2 zoning district. Although restaurants are permitted uses, certain features of the existing regulations are a challenge. They are seeking those text amendments that would facilitate the optimal development of a quality restaurant use. Under the ORA -2 regulations, a drive -in is not a permitted or special use. Although there are drive -in's across the street in the mall, in the ORA -2 District they are not permitted. They are seeking a text amendment that would give the Village the authority, should it decide to grant special use approval, to approve a drive -in as a special use. The same is the case for outdoor restaurants. There are several outdoor restaurants in the mall, notwithstanding the proximity of the ORA -2 district. At the present time the zoning text does not allow outdoor seating even as a special use. They are seeking authority to add outdoor dining among the special uses in the ORA -2 district and they are seeking approval for site - specific use. VILLAGE OF OAK BROOK Plan Commission Minutes Page 3 of 24 June 21, 2004 They are also seeking some ORA -2 District adjustments and some are clarifications as to what is permitted in the required yards. They are providing the yards required under the Ordinance, which is 100 -feet on 22nd Street, a 55- foot side yard along Spring Road and the rear yard. Some of the text amendments are important to retailers such as signs, and some relief with respect to parking. One text amendment has to do with the parking ratio for drive -in restaurants. They are also seeking a subdivision variation to the Code requirement for public utility easements along the north and east perimeter of the restaurant parcel, and there is no need for that at this location. They are creating public utility easements along the entire perimeter of the Plaza II block and are adequate for the present and foreseeable future need. The use of the yard areas is a continuance of the Oak Brook bicycle path along the 22nd Street frontage. Corey Andrews, Site Acquisition Manager for McDonald's Corporation, Greater Chicago Region said that if the requests are approved, the proposed restaurant is scheduled to open to coincide with McDonald's 50th anniversary. He said that there have been numerous staff meetings, which have allowed many of the details to be flushed out. The property has been vacant for several years since the Colby's building and the Amoco gas station were closed. He reviewed the large picture boards that were displayed during the presentation. Typically, a McDonald's restaurant lot is somewhere between 55,000- 60,000 square feet. With the setback, landscaping and parking requirements that this restaurant will generate, they felt it was important to super size the lot. As specified, the remainder lot is L- shaped. The access to the property will be generated from the sidewalk system that ties into the existing bike path and meanders to the north tying in with the main east -west sidewalk, which is landscaped on both sides. It will be heavily landscaped along the detention pond along 22nd Street. It will also tie into Spring-Road and 22nd Street so that customers and pedestrians from the south side of 22nd Street would be able to access the site safely. It will also continue along with the bike path up to Commerce and Spring Road. The sidewalk will continue along the four boundaries of the property. They have also installed a pedestrian walkway along the main access drive so that people from Commerce Plaza to the north as well as the Renaissance Hotel would be able to access the restaurant safely. The proposed building is a very unique McDonald's restaurant. The proposed flagship restaurant will consist of approximately 10,500 square feet and VILLAGE OF OAK BROOK Plan Commission Minutes Page 4 of 24 June 21, 2004 designed specifically for this site. There are many familiar features to the restaurant; however there are some unique treatments that you would not typically see at a McDonald's restaurant. The roof and the arches have a new look. There is traditional signage and there are some unique materials that will be used. There is a masonry stone front, a brick middle section and an aluminum clad rear portion of the building. The McCafe is McDonald's latest food entry. It sells premium blend coffees, teas, juices, pastries, and fresh -made sandwiches. As people approach the restaurant they want them to be pleasantly surprised by the modern design. They also want it to signify that it is a comfortable and friendly place to eat as well. They want customers to see that this is something different. The main access points to the restaurant will be from the east side as well as separate from the McCafe. The seating at the McCafe has very low comfortable captain chairs type seating. There will be higher type seating as well. The dining area itself will feature McDonald's forever -young decor. McDonald's recognizes that different customers use the restaurant differently. There are areas for moms with children with lower colorful seating so that the kids can spread out. There are areas for fast eaters that want to get a meal quickly. There are group - seating areas, so that tables can be pulled together. There is countertop seating for individuals. The main dining floor area is approximately 9500 square feet. There will be a 1500 square foot mezzanine that is accessible through an elevator and stairway. The building has been designed with innovation and rgrowth in mind. The kitchen will feature new ways of preparing existing items and growth for new menu items. There is sandwich - testing going on in Lisle and they have an area to include that on this site. The current order system will exist, with the potential of adding self - ordering kiosks in the future. There will be unique media items such as large screen TV, wireless access to the internet so laptops can be used. The mezzanine will feature a Sony -music download system. The mezzanine will feature about 90 seats while about 190 seats will exist on the main floor. The mezzanine will have an open view of the dining area below. The drive - through has been designed to provide the 65 -70% of customers that never come into the restaurant, the same type of dining experience as provided for those that do come into the restaurant. The main access to the drive through will come off the parking lot. There will be a by- pass lane so that the drive - through can be exited. There will also be a second drive- through lane to help speed the process along. The have landscaped the drive - through and the building with plantings and berming so as to shield the drive- through as much as possible from Spring Road, Commerce Drive and the adjacent buildings. There is significant screening of the proposed detention area. Graphic design is being provided in the drive- through as well as annual and perennial plantings. The outdoor patio will be separated from the main parking area by the landscaped area, a two -foot wide masonry barrier wall that is designed using the same material as the front of the building, and separates VILLAGE OF OAK BROOK • Plan Commission Minutes Page 5 of 24 June 21, 2004 ____0 the front landscaping from the back landscaping. At minimum, there will be 3 • feet of landscaping, 2 -feet of barrier wall and another 3 Y2 to 4 feet of additional landscaping to provide nice ambience for the outdoor seating customer as well as sufficient protection should a car go out of control. There is a landscaped loading dock and trash corral. There is a masonry wall that will screen the loading dock and trash pick up area from the drive - though and Spring Road. Chairwoman Payovich asked for the project timeframe. Libby Fisher, Project Manager for the Greater Chicago Region, reviewed the project timeframe. They are under a tight timeframe. The Chicago weather is very unpredictable, and they are hoping to get into the ground by the very beginning of September. The biggest push they will have at that point is getting the paving and landscaping in before winter hits. The asphalt plants close in November and there is quite a bit of work to accomplish in that timeframe. It is a 10,000 square foot building and she will need every minute between September and April to do this building. Every additional detail adds more time to the typical schedule. They are anxious to get through the process as quickly as they reasonably can to be into the ground by September with the proj ect. 5. A. MCDONALD'S SPRING ROAD RESUBDIVISION NO. 2 — FINAL MCDONALD'S SPRING ROAD PLAT OF SUBDIVISION — NORTHEAST CORNER OF 22ND STREET RESUBDIVISION 0 - NE OF AND SPRING ROAD — 2 -LOT SUBDIVISION — MCDONALD' S NO 2 -FINAL PLAT CORPORATION 22ND AOND SPRING Jack Lawlor said the current 3 -lot subdivision does not fit any current or previous use of the property. They are proposing a very simple 2 -lot subdivision that creates a separate lot for the 160,000+ square foot restaurant parcel and a separate lot for the 256,000 square foot balance. They meet the required setbacks. The only variation requested is to the interior lot line public utility easements, which border the northern and eastern boundary of the restaurant parcel. They will be providing public utility easements along the perimeter of all four streets per the dimensions required by Code. They believe they serve the purpose of facilitating present and future uses of the property and nearby property. Having public utility easements in the interior serves no purposes and they would rather not put them on the plats since they will be paving over them. The subdivision is simple and supports the proposed use of the corner and gives some flexibility in working with the rest of the site as the time comes. Bollinger and Lach have been working with Village Engineer Durfey on the extensive detention system along 22nd Street and along the northwest and northeast portions of the property. They are accommodating both the VILLAGE OF OAK BROOK Plan Commission Minutes Page 6 of 24 June 21, 2004 3 • • • I current and future use. Village Engineer Durfey reviewed his memorandum on page 5 of the case file. He commented on several items. No. 3 of the memorandum is in regards to sidewalks near the south end is the proposal to place a sidewalk north of the green and detention area of 22n Street at the south side of the parking lot. He suggested that a person not familiar with the area that is heading to the shopping mall and coming from under the viaduct and seeing the sidewalk going north toward the parking lot, questioned whether they would go onto private property or go straight across the grass to Spring and 22nd Street to reach their destination. No. 4 he stated that he does not understand why the language is in the Code, but should be discussed by the Village. No. 7 will be discussed with the Director of Community Development Kallien to work out. No. 8 should note that any exhibits attached, should be noted as exhibits only, that final detail plans would conform to the Village Code if there are any differences. No. 9 in regards to the easements is a reasonable request. No. 10 is something in the Ordinance that should be discussed. Director of Community Development Kallien commented that the location of the sidewalk would be critical to the site plan and that the Plan Commission would need to know the status of the curb cuts required through IDOT. Luay Aboona, PE, Traffic, Engineer said that they have had preliminary discussions with IDOT and they have visited the site and have given their preliminary verbal approval for the right -in right -out location of the driveway. Written approval is forthcoming. Corey Andrews noted that along 22nd Street there is a non - mountable median that prevents traffic from heading east on 22nd and south on Spring Road so they could not make a left hand turn out of the site. They believe it is reasonable to put in a right -in, right -out since people would not be able to make a left hand turn anyway, and they would have full access to Commerce Drive and McDonald's Drive should they wish to head east on 22nd or south on Spring Road. VILLAGE OF OAK BROOK Plan Commission Minutes Page 7 of 24 June 21, 2004 Jack Lawlor responded to the concerns regarding the sidewalk issue. He isaid that they were trying to give pedestrians and bicyclists a break. There is a very narrow vault beneath the Tollway overpass and the paths are right against the traffic, which inspired them to get people further away into a green area. He understands that a newcomer might be somewhat disoriented, expecting a sidewalk adjacent to the curb. The issue could be addressed through directional signage, such as those used elsewhere on the bike path system, encouraging people to pick up the trail. There is an existing path on the east side of McDonald's Drive and a linkage with the signal on McDonald's Drive. He did not think it would be too difficult to encourage people to get away from the traffic. Director of Community Development Kallien asked if the eventual placement of additional lanes under the underpass would require additional taking of land west of the area. Village Engineer Durfey responded that area would probably only be impacted east from McDonald's Drive. Mr. Lawlor responded that McDonald's has no objection to granting the easement referenced by Village Engineer Durfey. Village Engineer Durfey said that as an item of consideration, the • landscaping and the hedges on the north side of the detention basin is currently shown on the south side of sidewalk. Mr. Andrews said that he believes the pedestrians are safer away from 6 lanes of traffic versus the access to the restaurant. When they came up with the layout they were also concerned about their employees. Right now 90% of the use is by McDonald's employees. They expect that the employees will still use this restaurant and they wanted to put them in the safest position possible, which is why they moved it off the street. Chairwoman Payovich asked the Village Engineer for comments on this issue. Village Engineer Durfey said that it was up to the Commissioners, he simply raised the issue to bring it to their attention. No one in the audience spoke in support or opposition to the request. Member Tropinski questioned how pedestrians were protected from falling into the detention pond. Lucas Castor, Brickman Landscaping said that the water depth is between 3 -4 feet; and from the top of the pond to the bottom is about 7 -8 feet. They VILLAGE OF OAK BROOK is Plan Commission Minutes Page 8 of 24 June 21, 2004 -i:� have a little more room off the driveway, and then there is a 5 -foot wide • walk. Below the hedge it does not start to drop off. The grade stays level for another 5 -6 feet and then there is a gentle slope of 3 to 1. The hedge itself will be a 4 to 5 foot high shrub, ball to ball. Although it is not as good as a fence, you would have to work to get through it; you would not pass through easily. Member Wolin asked if there were any safety issues with cars accessing the right -in, right -out proposed on 22'd Street with the light. Village Engineer Durfey said that he does not believe there would be an issue. He also noted that it was the start of the dual left -turn lane, and just after the driveway there is a right -turn lane and he does not anticipate any unusual situation. Member Bulin confirmed that the Village has standards for detention construction. Director of Community Development Kallien said that No. 6 of Dale's memorandum regarding the parking on the easterly portion lot really could serve two purposes. Within the dimensional requirements for shared parking, it can serve the parking needs for the headquarters building to the east or it could provide for some overflow needs for the restaurant. At this point it would be a shared arrangement between two lots owned by the • McDonald's Corporation. If it were ever sold, it would be dictated by the new use, down the road, depending on the utilization of the site. Member Goel asked if there was a plan to add play yards for the children in the future. Mr. Andrews said that this site does not meet the typical usage, to include a play place in this area. The mom's with kid's area will include interactive children's games and machines. They will be able to enjoy themselves, but they are not building the big play places anymore. Member Tropinksi asked if there has been any discussion or consideration of possible pedestrian safety on the sidewalk, such as during inclement icy weather. Tony Pagliuca responded that they are proposing a striped pedestrian pathway across the lanes. Mr. Andrews also noted that, although it is not impossible, it would be difficult for someone to build up enough speed. They could add signage or build up the sidewalk. Mr. Pagliuca added that the site lines along the VILLAGE OF OAK BROOK • Plan Commission Minutes Page 9 of 24 June 21, 2004 C LJ pathway the sight lines are very open and nothing obstructing the view of the pedestrian or the driver. At the end of the driveway there is a stop sign. Director of Community Development Kallien said that the L- shaped parcel could have a new use down the road. He asked if it could be expected that the entire L -shape could be developed or does the stormwater facility need to be kept as currently proposed. Mr. Andrews said that the entire parcel could be developed; they have put the detention along 22nd Street within the 100 -foot setback with the thought that if the L- shaped parcel were developed, there would still be a 100 -foot setback along 22nd Street. At the time the parcel would be fully developed some additional detention would have to be provided and that can be done through some underground detention. Member Braune noted that the Plan Commission has spent a lot of time in other situations dealing with the safety of pedestrians and diners along roads that could have excessive speed. He questioned how much traffic was expected from the Oakbrook Center to the proposed restaurant. Mr. Andrews said that they do not anticipate someone leaving the mall to come to this restaurant, it could happen, however the major focus of the trade area is the surrounding office buildings. Member Braune- asked what McDonald's might envision seeing on the vacant parcel someday. Joe Endress, McDonald's Corporation, said that when they were in some time ago to review their master plan presentation, they proposed 2 five - story office buildings and a parking deck. One building is approximately 90,000 square feet and the other is approximately 160,000 square feet, which would leave enough parking for the restaurant. This is just one proposal of what could be done on the site. Director of Community Development Kallien reviewed the items to be addressed in the motion. Member Wolin questioned whether it would be viable to construct two sidewalks to address the issued raised by the Village Engineer. Mr. Andrews said that they would consider that alternative and would work with staff on designing the final location. VILLAGE OF OAK BROOK Plan Commission Minutes Page 10 of 24 June 21, 2004 No one in the audience spoke in support or in opposition to the request. Motion by Member Adrian seconded by Member Braune to recommend approval of the request from the McDonald's Corporation for the two -lot subdivision located at the Northeast corner of 22 "d Street and Spring Road, known as McDonald's Spring Road Resubdivision No. 2. In making this recommendation, the Plan Commission finds the following: 1. That the petitioner has met all the applicable regulations relative to approval of a final plat of subdivision and recommend approval of the proposed two -lot subdivision, known as McDonald's Spring Road Resubdivision No. 2 2. Recommend approval of the proposed two -lot subdivision along with the proposed variation to Section 14 -6 -3K of the Subdivision Regulations, finding that the site is presently subdivided into three individual parcels. The entire 3 -lot site is presently under the single ownership of McDonald's Corporation. 3. The proposed two -lot subdivision would accommodate 2 parcels. One would be 10,500 square foot McDonald's restaurant and McCafe; the other lot would be for off - street parking facilities and stormwater management. 4. The proposed of lot 2 can accommodate additional development consistent with the ORA -2 district when market conditions can support that redevelopment. 5. The proposed variation to Section 14 -6 -3K to the Subdivision Regulations is deemed reasonable. 6. The location of the proposed sidewalks along the 22 "d Street frontage would be determined through additional review with staff, McDonald's and the Village, including the possibility of the installation of 2 sidewalks with one running along the parking lot as well as along 22 "d Street, if deemed appropriate. 7. That all comments and technical issues raised in Village Engineer Durfey's memorandum dated June 11, 2004 be addressed. 8. Written approval from IDOT regarding the access to 22"d Street. ROLL CALL VOTE: Ayes: 7 — Members Adrian, Braune, Bulin, Goel, Tropinski, Wolin and Chairwoman Payovich Nays: 0 — None. Absent: 0 — None. Motion Carried VILLAGE OF OAK BROOK Plan Commission Minutes Page 11 of 24 June 21, 2004 • 5. B. MCDONALD' S CORPORATION — TEXT AMENDMENTS — TITLE 13 McDONALD'S - OF THE VILLAGE CODE — ZONING ORDINANCE AS FOLLOWS: TEXT AMENDMENTS - RELATIVE TO THE ORA -2 DISTRICT: SECTION 13-10B-2 — ADD ORA -z - PARKING "DRIVE -IN ESTABLISHMENTS FOR RESTAURANTS AS A REQUIREMENTS, SIGNAGE, AND SPECIAL USE; SECTION 13 -10 -2 AND 13 -10B -2 ADD "OUTDOOR SPECIAL USES DINING AREAS ADJACENT TO RESTAURANTS"; SECTION 13-10 - B-1 ADD OFF - STREET PARKING AND STRUCTURES AS PERMITTED ACCESSORY USES; SECTION 13- 10B -3C (1), (2) AND (3) YARDS; SECTION 13- 12 -3H(2) — OFF STREET DRIVEWAY AND PARKING - RELATED REQUIRED SETBACKS; SECTION 13 -12 -5 REQUIREMENTS TO PARKING SPACES; SECTION 13- 12 -3(B) OFF - STREET PARKING REQUIREMENTS; SECTION 13 -1OB -1 — OFF - STREET PARKING AS ACCESSORY USES AND STRUCTURES; SECTION 13- 11- 11(A)(2) AND 13- 11- 11(A)(3) — SIGNAGE REQUIREMENTS Director of Community Development Kallien said that the ORA -2 District is set up for development that is a little different than what is contemplated in this project. The restaurant use fits the ORA -2 parameters, however, the issue of drive - through and outdoor dining, plus the site constraints, the applicant is seeking a number of text amendments. Normally, if there were PUD provisions in the Code, this would be a prime example of how it would work. There would be a very site - specific plan with site - specific issues, into one approval. Since Oak Brook does not have PUD's at the present time, amendments are then sought. Jack Lawlor, Attorney for McDonald's reviewed each text amendment requested. Section 13 -10B -2 text amendment for drive -in establishments for restaurants. The standards required for approval of the text amendment are as follows: A. Character of the Neighborhood. Oak Brook has only one ORA -2 District in the Village. It has 2 of the major arterial streets going through it. It has 22nd Street and Spring Road. As the amendments are discussed, they effect only this portion of the Village. The ORA -2 District regulations already allows B -2 uses, which are the kinds allowed at the Oakbrook Center, including restaurants. The text amendment they are seeking with respect to the drive - through is needed by McDonald's at this location to make the restaurant a reality. McDonald's studies show that 60% of its business is pass -by traffic. This is traffic that is already on the street system, and based on people who make their decision for convenience purposes while they are already on the street system. The text amendment they VILLAGE OF OAK BROOK Plan Commission Minutes Page 12 of 24 June 21, 2004 are seeking is critical to the successful operation of this restaurant. • They think it is consistent with surrounding uses. B -2 uses do allow drive - through establishments as a special use, and the bank at that location has one. B. The extent to which property values are diminished by the particular zoning restrictions. From the McDonald's style of family oriented restaurant, the pass through traffic is what makes this essential. The site does not work otherwise for McDonald's. They hope to construct an exemplary restaurant. C. The extent to which the removal of the Existing Limitations Would Depreciate the Value of Other Property in the Area. Neighboring land uses have been studied in the Appraisal Report with substantial street frontages in this area. The nearby uses are all commercial in nature. The construction of the restaurant does not prove to be inharmonious with other uses or zoning in the vicinity and would not depreciate property values. The traffic is such that this project will not impede traffic on the street system. D. The suitability of the Property for Zoned Purposes. Restaurants are already permitted uses so the issue is the drive - through 0 appropriate. E. Existing Uses and Zoning of Nearby Properties. All the surrounding uses are commercial. The prominent land use is the mall and it already has drive - through uses. F. The Length of Time Under the Existing Zoning that the property has remained unimproved considered in the context of land development. The site has been vacant for some time. The Colby's site has been vacant for approximately 8 years and the Amoco station has been vacant for at least 6 years. This development would be a spur to economic development. G. The Relative Gain to the Public as Compared to the Hardship Imposed on the Individual Property Owner. They think this would be something that Oak Brook could be proud of and believe that Oak Brook is proud to have the world headquarters of McDonald's here. They are trying to put an exclamation point next to that presence by putting a premiere restaurant at this intersection. VILLAGE OF OAK BROOK Plan Commission Minutes Page 13 of 24 June 21, 2004 H. The Extent to Which the Proposal Promotes the Health, Safety, Morals or General Welfare of the Public. They believe this is an exciting addition. The innovation that McDonald's is under going, it's really becoming a leader in its segment of the industry in making these kinds of innovations. They think it is something that Oak Brook would be proud of They believe it fulfills a need, not only for the motorists, but also for the office population nearby that is looking for something convenient and affordable, for their lunchtime. I. The Relationship of the Proposed Use to the Comprehensive Plan. Nothing they are proposing is inconsistent with the Comprehensive Plan, which speaks in terms of mixed uses, people orientated activity. They are trying to create some excitement and opportunities for people to congregate. All of this is consistent with that area. This type of restaurant invites people to stay and not rush. J. Community Need for the Use Proposed by the Property Owners. They believe there is a need to better serve the motoring public and the office populations. Section 13 -1OB -2 and Section 13 -10 -2 text amendment for outdoor dining areas adjacent to restaurants. This is also authorized as a special use in the B -2 zoning district. They are seeking approval to bring the same special use request in the ORA -2 District. The standards required for approval of the text amendment are fully explained in the booklet presented by the applicant, entitled "Text Amendments ". Summary of those standards are as follows: • Outdoor dining areas have not detracted from the values of nearby properties. People are seeking outdoor relaxation in the pleasant climate time of year that we have in this area. • People do not view outdoor dining as a negative. • It will not depreciate the value of other property in the area. The neighboring district has it as a special use. All other standards addressed in the first text amendment also apply to this request. Section 13 -1OB -3 (C), (2) and (3) and Section 13- 12 -3H(2) regarding off - street driveway and parking - related required setbacks. This request is technical in nature, but the kind of effort needed to make B- 2 type uses a reality in the ORA -2 zoning district, which drafted primarily VILLAGE OF OAK BROOK Plan Commission Minutes Page 14 of 24 June 21, 2004 L k with office use in mind. They are seeking clarification that the permitted front yards in the ORA -2 zoning district will specifically authorize drives, sidewalks, landscaping and similar facilities (but not parking) in required front yards. There is similar language in the B -1 and B -2 zoning district, but it is not in the ORA -2 District. They are trying to incorporate that concept here. With the installation of the pond, landscaping and extension of the bicycle system and pathway, they are seeking to use that space for a good purpose and are seeking a clarification for that reason. There is a similar silence in the ORA -2 zoning regulations in the side yards and are seeking the same clarification as exists in the B -1 and B -2 district, but are adding a request, that unlike the front yard, that parking be allowed in the side yard. The only parking that might get into the side yards is with respect to the interior side yard between the restaurant parcel and the non - restaurant parcel. They are retaining the protective prohibition on any such parking being within 40 -feet of a residence district. There are not any residence districts within that proximity to the ORA -2 zoning district, but they are leaving it in as a protection. They are seeking the same clarification for the rear yards. The rear yards are 20 feet and they are seeking to put in sidewalks, paving, landscaping amenities and parking. This enables a more efficient use of the site and Is allows them to implement the landscape plan as well. There is a companion provision in Section 13- 12- 3H(2), that does not allow off - street parking spaces within 10 feet of a lot line and they do have that feature in some instances. • With respect to the standards, these are modest requests in a neighborhood that is entirely commercial. If for some unforeseen reason a residential neighborhood would come in, they have added the safeguard that none of the parking in the rear or side yards could be within 40 feet of a residence district. • Part of the reason for this relief is that the Village requires very substantial yards. They are trying to take advantage of the 100 foot requirement in the front by using it for aesthetic purposes instead of leaving it as a grassy field. • The 50 -foot side yards are substantial off of Spring Road. The yard requirements individually do not seem great, but when the geometry of the site is calculated it starts to consume the entire site. The text amendments help them to gain the flexibility to make the economics of retail work at this location. • The surrounding uses are commercial and do not depreciate the value of other property. VILLAGE OF OAK BROOK Plan Commission Minutes Page 15 of 24 June 21, 2004 a i • ■ The other standards are addressed in the first text amendment. There was a discussion whether the 10 -foot interior side yard would be necessary. They will review it further with staff to determine if this is required. Section 13 -12 -5 providing that the maximum off - street parking spaces for restaurants within drive - throughs in ORA -2 zoning districts located within 1,000 feet of office buildings that contain a minimum aggregate of 250,000 square feet or more of gross floor area at the time of initial restaurant construction shall be one parking space for every 100 square feet of floor area, or part thereof. Currently, Section 13 -12 -5 of the Zoning Ordinance, restaurants with drive- throughs are required to have one parking space for every 66 and 2/3 feet of floor area, while restaurants without drive - throughs are required to have a lesser ratio of one parking space for every 100 square feet of floor area, or part thereof. They area seeking a text amendment that would say in this limited circumstance, in an ORA -2 district and within 1,000 feet proximity to a substantial office development 250,000 square feet or more, that in those circumstances you could have the same parking ratio that a normal restaurant would have which would be 10 per 1,000. They believe the ratio is comparable to that employed by McDonald's and restaurants of similar anticipated sales volumes. It does not make sense to devote more land area to a restaurant of this nature to support a one space per 66 2/3 ratio. • With respect to the standards, the surrounding character of the area and the ORA -2 zoning district is commercial. • They do not believe it will depreciate the value of other property in the area. • They believe the restaurant itself would function quite well with the 1 per 100 ratio requested. • The restaurant would be well used, especially during the peak lunch time period by McDonald's employees in the Plaza 1 building, on a 3- season basis and there is a substantial office population along Commerce Drive. This is a unique circumstance where there is almost a built -in walk up population on this side of Spring Road. • It is estimated that 60 -70% of the traffic would be drive - through, which diminishes the parking requirement. • The surrounding uses are commercial and do not depreciate the value of other property. • The other standards are addressed in the first text amendment. VILLAGE OF OAK BROOK Plan Commission Minutes Page 16 of 24 June 215 2004 ­_�15 Section 13 -12 -3B to provide that off - street parking space may also be on a lot other than the lot on which the building is located provided said spaces are located within 550 feet walking distance. This is technical in nature and addresses the fact that McDonald's Plaza 1 headquarters building on the east side of McDonald's Drive, is currently using the Plaza 2 site in part, for accessory parking. Some of the spaces go beyond 300 feet and go up to 550 feet. Section 13 -1OB -1 to include of- street parking among the accessory uses and structures permitted in ORA -2 zoning districts. Unlike some of the other zoning districts, the ORA -2 district does not explicitly mention that parking is a permitted accessory use so this is also a technical clean up. In response to the standards, • They do not believe that anyone has been disadvantaged by the fact that McDonald's has been using this as part of its operation. As part of this effort to construct the restaurant they will upgrade the entire parking area. There will be enhanced paving, landscaping, etc. • ■ It will not depreciate the property values and have not received any complaints. • The change brings the use into conformity. • The other standards have been previously addressed in the first text amendment. Section 13 -11 -11 A2 and Section 13-11-11A3 stating that the maximum surface area in square feet of all non - directory signs for each building on a lot located in an ORA -2 Zoning District shall not exceed four hundred (400) square feet, and that the sign area of permitted ground signs for restaurant uses in ORA -2 zoning Districts (but in any event not to exceed one hundred fifty (150) square feet of such ground sign area) shall not be deducted from the gross surface area of signs allowed in Section 13 -11- 11 A2 either collectively or individually. There is a substantial "down ratcheting" of what you would see in the family restaurant industry. What they are proposing is fairly modest. The office sign area is limited to 100 square feet. They are seeking an adjustment to restaurants in the ORA -2 District from 100 to 400 square and allow the exclusive of the sign area from that calculation. The maximum permitted size of the ground signs would not exceed a cumulative figure of VILLAGE OF OAK BROOK Plan Commission Minutes Page 17 of 24 June 21, 2004 c. 150 feet. The site plan shows where McDonald's seeks to place two . modest free - standing signs; one for each street frontage. There was an effort made to tastefully place signs on the structure that do not get in the way of the aesthetics of the building, but tell the motoring public what the building is. About one - quarter of the sign relief they are seeking relates to the drive - through menu board system and that whole area is substantially shielded by landscaping. The drive- through signage is for the people right on site, not outside the drive - through. In response to the standards, • They are located in a commercial region bounded by two major arterial streets. • They believe their property values would be diminished without the requested signage. Retailers view signs as critical and the lifeblood of their business. They have tried to not detract from the aesthetics of the building, but make use of the building known and the drive - through system functional and exciting. • They view this as a modest request, since so much is directed to onsite customers and not the outside world. The ground signs are modest in scope. • The other standards have been previously addressed in the first text amendment. Director of Community Development Kallien reviewed whether Section 13- 12 -3H2 was needed. Mr. Lawlor said that if there are any revisions, they may need it and would like to have it left as is. The residential reference was put it in only as a precaution. There was a discussion regarding the signage. Director of Community Development Kallien said that the original application was for 600 square feet of signage, and the amount has been reduced. Corey Andrews said that if people new they were going to McDonald's they would not have 13,000 McDonald's in America, because they could do more volume in less restaurants. The studies have shown that the typical McDonald's customer travels no more than 3 minutes to get there, which is about ,1 — 11/2 miles. People decide usually at the spur of the moment. This building is so unique that it is not recognizable, in general as a McDonald's restaurant. They want it to be something different and unique. Corey Andrews noted that the signage along the drive - through is very heavily landscaped and is only visible from the drive -thru. They agreed to add additional evergreens to help screen the area and signs during the winter months. The drive -thru signs will not be visible from VILLAGE OF OAK BROOK Plan Commission Minutes Page 18 of 24 June 21, 2004 ,r� Spring Road or 22"d Street. Member Wolin asked if a Pandora's box would be opened on the amount of signage requested. Director of Community Development Kallien said that all properties within the community are treated the same. If signage is allocated to wall, ground or drive - through, it may better control the signage. After review. It was agreed to modify the wording in the signage to specify where and how much signage can be applied, between ground sign and the drive - through signs along with appropriate landscaping. In Oak Brook, the buildings are given center stage. The ground signage shown on the plans is done tastefully, and is significant. There was brief discussion regarding adding bollards along the parking lot. Mr. Andrews agreed that architectural bollards will be added. There was a discussion regarding the landscape feature protecting the retention area. It was agreed that based on the amount of vegetation, and the slope it would be safe and built to Village standards. No one in the audience spoke in support or in opposition to the request. Motion by Member Wolin seconded by Member Adrian to recommend approval of the request from the McDonald's Corporation text amendments. In making this recommendation, the Plan Commission finds the following: 1. That the petitioner has addressed the factors to each text amendment as required to recommend approval of the requested text amendments. 2. Section 13 -1OB -2 — Add "Drive -In Establishments For Restaurants As A Special Use — recommend approval as requested 3. Section 13 -10 -2 And 13 -1OB -2 Add "Outdoor Dining Areas Adjacent To Restaurants " - recommend approval as requested 4. Section 13- 10 -B -1 Add Off - Street Parking And Structures As Permitted Accessory Uses - recommend approval as requested 5. Section 13- 10b -3c (1), (2) And (3) Yards - recommend approval as requested Section 13- 12 -3H(2) — Off Street Driveway And Parking- Related Required Setbacks - recommend approval as requested, however, this request after further review may not be required. 6. Section 13 -12 -5 Requirements To Parking Spaces - recommend approval as requested VILLAGE OF OAK BROOK Plan Commission Minutes Page 19 of 24 June 21, 2004 • 7. Section 13- 12 -3(B) Off - Street Parking Requirements - recommend approval as requested 8. Section 13 -1013-1 — Off - Street Parking As Accessory Uses And Structures - recommend approval as requested 9. Section 13- 11- 11(A)(2) and 13- 11- 11(A)(3) — Signage Requirements - recommend approval with the text revised as revised ROLL CALL VOTE: Ayes: 7 — Members Adrian, Braune, Bulin, Goel, Tropinski, Wolin and Chairwoman Payovich Nays: 0 — None. Absent: 0 — None. Motion Carried 5. C. MCDONALD' S CORPORATION — SPECIAL USES — TITLE 13 OF McDONALD'S — SPECIAL USES — THE VILLAGE CODE — ZONING ORDINANCE AS FOLLOWS: ORA- DRIVE -IN 2 DISTRICT: SECTION 13 -1OB -2 — "DRIVE -IN ESTABLISHMENTS ESTABLISHMENTS AND OUTDOOR FOR RESTAURANTS; SECTION 13 -1 OB -2 "OUTDOOR DINING DINING ADJACENT AREAS ADJACENT TO RESTAURANTS" TO RESTAURANTS Mr. Lawlor said that there are two special use applications. This is site specific approval, assuming the text amendment has been approved, for the drive -in establishments for restaurants. H reviewed the special use standards as follows: A. Character of the Neighborhood. RESPONSE: The area is commercial in nature with 2 major thoroughfares as well as drive - through activities in the Oakbrook Center. B. The Extent to Which Property Values are Diminished by the Particular Zoning Restrictions. RESPONSE: The drive - through operation is truly critical to the success of the restaurant. C. The Extent to Which the Removal of the Existing Limitations Would Depreciate the Value of Other Property in the Area. RESPONSE: The land appraisal has shown that this use will not cause a diminishment to the value of other property in the area. D. The Suitability of the Property for Zoned Purposes. VILLAGE OF OAK BROOK Plan Commission Minutes Page 20 of 24 June 21, 2004 have strived to make the facility as invisible as possible to the motoring • public. The access is primarily from right -in and right -out movements. E. Existing Uses and Zoning of Nearby Property. RESPONSE: The proposed use is consistent with the surrounding commercial property. F. The Length of Time Under the Existing Zoning that the Property has Remained Unimproved, Considered in the Context of Land Development. RESPONSE: The property has been vacant for approximately 8 years since the Colby's building closed and the Amoco gas station was closed. G. The Relative Gain to the Public as Compared to the Hardship Imposed on the Individual Property Owner. RESPONSE: The KLOA traffic study shows that this restaurant can fit right into the street system and is not a detriment to the street system. They believe that this use would fill a need, and there simply isn't this type of option along this segment of 22nd Street and is accomplished with right -in and right -out turning movements. H. The Extent to Which the Proposal Promotes the Health, Safety, Morals • or General Welfare of the Public. RESPONSE: They do not want to have a failed example of a McDonald's restaurant in the shadow of the Plaza 1 office building. They want to make it work and the size of the investment in the site is really driven by the fact that McDonald's wants to make a statement at this location. They have had a wonderful association with Oak Brook over the years and have tried to add to the community by beautifying Jorie Blvd and facilitating the use of the Autumn Oaks site for soccer. They want to do this in companionship and put an exclamation point next to the fact that they are the world headquarters here in Oak Brook. I. The Relationship f the Proposed Use to the Comprehensive Plan RESPONSE: The proposal is not inconsistent with the Comprehensive Plan. J. Community Need for the Use Proposed by the Property Owner. RESPONSE: The special use will enable them to serve both the motoring public and the nearby office population. They have witnessed the concern of the Village about outdoor dining operations and their safety, they understand the need to protect the seated VILLAGE OF OAK BROOK • Plan Commission Minutes Page 21 of 24 June 21, 2004 public from the possibility of an accident. The architecture employed for the outdoor dining area creates structural barriers toward that kind of misfortune happening at this location. H reviewed the standards as follows for the outdoor dining area: A. Character of the Neighborhood. RESPONSE: The area is commercial in nature with 2 major thoroughfares as well as outdoor dining areas that are already permitted as special uses in the neighboring Oakbrook Center. B. The Extent to Which Property Values are Diminished by the Particular Zoning Restrictions. RESPONSE: The ability to offer customers an outdoor dining option during the summer months adds greatly to a restaurant's attractiveness and longevity. C. The Extent to Which the Removal of the Existing Limitations Would Depreciate the Value of Other Property in the Area. RESPONSE: The outdoor dining is in a secluded part of the development, located on the east side of the building and does not face Spring Road or 22 "d Street. At this location it would not diminish the value of other property in the area. D. The Suitability of the Property for Zoned Purposes. RESPONSE: The underlying restaurant use is an allowed use. They have strived to make the facility as invisible as possible. The rest of the standards have been previously reviewed. The special use standards for the "drive -in establishments for restaurants" and "outdoor dining adjacent to restaurants" are fully detailed in the submittal material. A. As Deemed Necessary for the Public Convenience at that location. There is a demand for this type of facility at this location. The considerable office population in underserved with respect to affordable and accessible restaurants. B. The Special Use applications are so designed located and proposed to be operated that the public health, safety and welfare will be protected. Vehicular access from both 22"d Street and Spring Road will be limited to right -in, right -out movements, and both 22"d Street and Spring Road VILLAGE OF OAK BROOK Plan Commission Minutes Page 22 of 24 June 21, 2004 " _F have non - mountable barrier medians. The proposed drive - through . facilities are well designed and minimize conflicting movements. They are well screened by landscaping from view from the streets. The outdoor dining area is protected from vehicular accidents by substantial architectural features (masonry) as well as a substantial amount of landscaping on both sides of the wall. Staff had stressed the importance of safety. C. The proposed special use application will not cause substantial injury to the value of to other property in the neighborhood in which it is located. As previously stated, the property is located in a commercially zoned area whose predominate land use is the mall. As stated by the Appraisal consultant, the proposed special use application will not cause substantial injury to the value of other property in the neighborhood. No one in the audience spoke in support or in opposition to the request. Motion by Member Bulin seconded by Member Wolin to recommend approval of the request from the McDonald's Corporation for special uses. In making this recommendation, the Plan Commission finds the following: 1. That the petitioner has addressed the standards as required by Village Code, and fully stated on pages C.1 through C.5 of the case file to recommend approval of the special uses as requested. 2. Section 13 -1Ob -2 — recommend approval of special use for a Drive - In Establishments For Restaurants as requested and subject to development in substantial conformance to the site plan as proposed. 3. Section 13 -10B -2 —recommend approval of the special use for an Outdoor Dining Areas Adjacent To Restaurants as requested and subject to development in substantial conformance to the site plan as proposed. ROLL CALL VOTE: Ayes: 7 — Members Adrian, Braune, Bulin, Goel, Tropinski, Wolin and Chairwoman Payovich Nays: 0 — None. Absent: 0 — None. Motion Carried 6. OTHER BUSINESS OTHER BUSINESS There was no other business to discuss VILLAGE OF OAK BROOK Plan Commission Minutes Page 23 of 24 June 21, 2004 L� L • • 7. ADJOURNMENT: Motion by Member Adrian, seconded by Member Braune to adjourn the meeting at 10:26 p.m. ATTEST: Robert tafflien,, Dir ctor of ommunity Development Secretary VILLAGE OF OAK BROOK • Plan Commission Minutes Page 24 of 24 June 21, 2004 ADJOURMENT