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Minutes - 07/16/2007 - Plan Commission1. 3 Cl 5. MINUTES OF THE JULY 16, 2007 REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON AUGUST 20, 2007 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 Paul Adrian, Raju Iyer, Gopal Lalmalani, Mintu Sharma and Marcia Tropinski ABSENT: None IN ATTENDANCE: Trustee Gerald Wolin, Robert L. Kallien, Jr., Director of Community Development and Dale Durfey Jr., Village Engineer. Chairwoman Payovich took a few minutes to introduce and welcome Mintu Sharma to the Plan Commission. APPROVAL OF MINUTES: MINUTES The June 18, 2007 Plan Commission Meeting Minutes will be presented at the next Regular Plan Commission meeting. UNFINISHED BUSINESS BUSINISHI;I� T3USINESS A. VILLAGE OF OAK BROOK — TEXT AMENDMENT — REAR YARD voB - TEXT AMEND — REAR SETBACKS ALONG STREETS — REVIEW AND AMENDMENT OF YARD SETBACK S APPLICABLE TEXT ALONG STREETS Director of Community Development Kallien requested a continuance. Motion by Member Adrian, seconded by Member Iyer to continue the hearing to the next Regular Plan Commission Meeting. VOICE VOTE: Motion Carried. NEW BUSINESS NEW BUSn4FSs A. FIFTH THIRD BANCORP and InSITE QAK BROOK LIMITED FIFTH THIRD BANCORP and PARTNERSHIP — SPECIAL USE — DRIVE -IN BANK --1603 16`I' STREET InSITE —SU- DRNE -IN BANK Director of Community Development Kallien provided an overview and background VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 10 July 16, 2007 of the request. The property is the former Private Bank that was located on the Southwest corner of Route 83 and 16th Street. The applicant InSite Oak Brook Limited Partnership has previously sought a text amendment to the Zoning Ordinance to allow banks as a permitted use; a text amendment to allow a drive -in banking facility as a special use; and a variation to install a ground sign. The requests received a recommendation of approval from the Plan Conu- nission and Zoning Board of Appeals. The Village Board received the recommendations, but held final action on the special use approval until there was a specific tenant for the drive -in facility on the site. The Village Board will have the opportunity to make final approval of the requests together. The applicant, InSite Oak Brook Ltd., Partnership now has a co- applicant, Fifth Third Bancorp and they would like to build a bank on the site with a drive -in facility. Scott Day, with Day and Robert Law firm, Naperville, Illinois, attorney for the joint applicants stated that the applicants are now seeking a special use for the drive -in facility. They are also seeking a variation that will go before the Zoning Board of Appeals. He reviewed the surrounding zoning and history for the subject property is located at 1603 16th Street. The properties located to the north, east and northeast of the site is B -1 zoning and are located within the Village of Oak Brook. The property located west and south of the site is located in the City of Oakbrook Terrace. There is a small portion of the subject property that is also located within Oakbrook Terrace, despite the fact that is part of the unified parcel. The applicants are Columbia Lisle Limited Partnership, which is known as InSite Oak Brook Limited Partnership and Fifth Third Bancorp. The owner of the property is InSite Oak Brook Limited Partnership and the co- applicant and long -term lessee is Fifth Third Bank. Mr. Day reviewed the recent history of the applications. Earlier in the year the applications were for a special use, a text amendment to permit banks as a permitted use in the B -1 District, a text amendment to allow drive -in banking facilities as a special use in the B -1 District. During the process of the application, the request for the special use was withdrawn and a letter was submitted to the Village indicating that they would bring back the request for the special use when there was a long- term tenant, The text amendments and variation are pending before the Village Board. When Fifth Third Bank came into the equation, they asked that the special use be held so that the special use application could be processed for Fifth Third Bank and hopefully, the Village Board will process the approvals for the pending and current requests together. He reviewed how the parcel got to be the way that it is with two- thirds of the site being in the Village of Oak Brook and a portion located in the City of Oakbrook VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 10 July 16, 2007 Terrace. The property was originally in a single- family residential subdivision. In the Village archives, they found that in the early 1980's, there was a request to de- annex a portion of the property from Oak Brook. An exhibit provided showed that the northern portion of the lot was located in Oak Brook, a middle portion was located in DuPage County, and the southern portion of it was located in the City of Oakbrook Terrace. At that time, the property owner came to the Village of Oak Brook due to the jurisdictional mess that the property was in because they were unable to get approvals from any jurisdiction to do anything with their property. The house had burned down and they wanted to do something with it. They believed it would be appropriate as an office parcel. The Village of Oak Brook did not want to de -annex the property and Oakbrook Terrace already had jurisdiction over the south one -third of the parcel, so they filed a petition to annex the center portion of the property into the Village of Oak Brook to get the zoning for what became known as the Town and Country office site. Through the annexation process, the Village of Oak Brook looked at it as a unified lot, even though the southern portion was located in Oak Brook Terrace. It was mandated in a recorded restrictive covenant that the southerly portion of the lot located in Oak Brook Terrace, by the means of a private deed restriction, must be maintained as open space. Through the approval process, the southerly 37.5 feet that is located within Oak Brook Terrace was the setback for the property and permitted the building to be constructed within two feet of it. Town and Country was given permission to build a 12,000 square foot above -grade office building, with a 6,000 square foot building, totally 18,000 square feet on the site with 47 parking spaces. InSite bought the building years later, Private Bank occupied the first floor, and InSite was on the second. Due to lack of space, Private Bank moved out to another site in Oak Brook so that they could have a drive -thru facility. At that time, InSite began looking at ways to utilize the property for a bank again. As part of this process, The Plan Commission, Zoning Board of Appeals, the neighbors, and the City of Oakbrook Terrace voiced a number of objections to the site plan previously submitted. The objections previously raised were to the Special Use. There was a concern that the headlights from vehicles accessing the site would shine in on the neighbors and disturb the use of their property. There was concern that there would be noise coming from the ATM facility; and that fencing and landscaping would be lost through redevelopment or would be inadequate to screen the site. There were architectural concerns regarding the specific appearance and look of the building and previous boards, expressed a request that they see "great detail" as to what the building and property would look like. There was concern the way the traffic was located and the location of the drive -thru facility would be in relationship to the properties to the west. There was a concern regarding the lighting plan, hours of operation, trash bin screening, and the sounds associated with the air conditioning coolers. In addition to the requirement process of the Village, InSite, also conducted a meeting at the subject property, giving notice to individual neighbors, to the officials of the City Oakbrook Terrace and was attended by two of the alderman. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 10 July 16, 2007 The meeting was also attended by several neighbors, two trustees of the Village of Oak Brook and the planners from both communities. They have gone through great lengths to deal with all of the objections and have submitted a new plan for the site. Tom Cervenka, InSite Real Estate reviewed the background and concerns that had been raised. People did not understand how they could fit a drive -thru on the site. There was confusion that they would be encroaching upon the neighbors. Exhibits noted as pages U and W in the case file, show renderings of the proposed Fifth Third Bank building. There is an overlay of the existing building, indicating the existing building over the proposed structure. The Fifth Third Building is much more recessed. The main concern is to the neighbors to the west and south. The exhibit shows that the bulk of the building will be reduced and the distance to the property line will be withdrawn. The other exhibit shows plain elevation view so that the distances from the property lines can be visualized. After the last hearing, it was suggested that they have a meeting in their office to sit down with the neighbors. They invited them over and listed to their concerns. As a result, they generated new plans incorporating a retaining wall concept with additional landscaping. The main concern was headlights and sound. The retaining wall/berm concept would definitely shield the neighbors from any traffic, headlights or sounds within the drive -thru area. The Village of Oak Brook does not permit a solid fence, so they came up with this combination to provide a shielding, because the neighbors and Oakbrook Terrace officials did not think that landscaping would be enough. He reviewed the route of the cars through the proposed drive -thru, showing the light would be shielded. New air conditioning units will be quieter and tucked behind additional landscape and will be,located farther from the setback line. Elizabeth Logalbo, Real Estate Manager, Fifth Third Bank, explained the history behind the banks name, which resulted in the merging of Fifth National Bank and Third National Bank back in the 1870's in the Ohio Valley. Fifth Third Bank entered the Chicago market and currently has 160 financial centers in the Chicago market and approximately 1100 banking centers in the United States. They are the 4`" largest bank in Chicago and the 13th largest bank nationally and continue to grow nationally and regionally. Currently they are not located in the Village of Oak Brook and would love to be a corporate citizen. An average banking facility employs about 6 people. The bank is a low traffic generator. On weekdays, the bank lobby operates 8:00 to 5:00 p.m., and the drive -thru operates 9:00 to 6:00 p.m. On Saturday, the lobby operates 8:00 to 1:00 p.m. and the drive -thru operates 9:00 to 1:00 p.m. They feel that having a drive -thru is invaluable to the industry. We live in a society where convenience and convenient service is necessary or someone will go to a competitor to receive the same kind of service. Online banking has also become a big part of their industry again, due to convenience. Every facility they have been opening has a drive -thru included. At any time during the day, they have not found their drive -thru packed to capacity. The reason they try to include as many drive -thru lanes as they do, because when someone enters the bank they want VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 10 July 16, 2007 the customer to be able to pull right in and get service as fast as possible, not waiting in line. Their goal is to give the customer service immediately upon entering the bank. Because of the site restriction as this facility, they are able to accommodate 2 drive -thrus and an ATM lane. They did want to accommodate the concerns regarding the noise level impacting the residents immediately around the property. Although it is a 24 -hour operating ATM kiosk, it is just a touch screen and does not produce sound. The speakers in the drive -thru lanes have sound levels that cannot be moderated. It is preset at a sound level to let the customer correspond with tellers inside the bank. They look forward to being a corporate citizen in Oak Brook. Mr. Day reviewed the changes in the site plans that were modified in response to the concern that had been raised. The site plans submitted have a different configuration for the building, which have been turned 90- degrees. The drive -thru now points to the east toward Route 83, rather than south toward the residential properties. The added berming of the parcel essentially raises the southerly and westerly property boundary through a landscape feature. The berming adds enough elevation so that the headlights shine into the retaining wall that holds back the earth and landscaping features on the other side. It is an accommodation that reduces the sound from the vehicles passing through and shields the residences from the headlights. The air conditioning chiller locations have been moved off of Monterey Avenue to a location that is further from the residences and have been substituted with residential grade units, which mean that the sound is the same as those for residences. The lighting plan has been submitted and there is a reduction to the overall bulk on the site. He compared the existing and proposed structures. Old Proposed New Reduction Height: 37 -feet 24 -feet 35% Square feet: 18,000 3,796 79% (w/basement) Above Ground 12,000 3,796 68% Parking: 47 22 53% Old Footprint: 6,000 3,796 37% The Zoning Ordinance is written so that the setback is from the zoning district. Technically the zoning district for this parcel runs along the north lot line, which is lot 3. To the south of that is the 37.5 feet that is located in Oakbrook Terrace. Even though it is the same parcel, it is a separate zoning district, so the 60 -foot setback would have to be measured from the boundary line, rather than the lot line, which is the lot ownership. There is an application pending seeking a variation, to allow the south line of the zoning lot to be the lot line, not the boundary line. Under the ordinances, the entire property was married together by the restrictive covenants required by the Village. At that time, it was intended to be used as a single site. The VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 10 July 16, 2007 way that the zoning lots are defined, a property that is intended to be used as single unit is a single zoning lot, even if it is in different zoning districts. They are seeking to use the south line of the zoning lot as opposed to the south line of the zoning district. If that is permitted, they will exceed the setback requirements on the south side of the parcel. . They have addressed the standards for a special use and have been submitted in the case file. Mr. Day reviewed the special use factors as follows: Special Use Standards 1. Is of the type described in subsection Al. of this Section, is deemed necessary for the public convenience at that location. RESPONSE: The property is in a very unique location of the Village. It is one of the few B -1 parcels in the zoning district. At this location, 16th Street, west of Route 83 is very short. The two parcels obtain 100 percent of their customer, B -1 usage from Route 83. Route 83 has been given the Strategic Regional Arterial designation from the Illinois Department of Transportation, which has nearly 69,000 cars per day. The designation is one step lower than a controlled access highway such as I- 88. The parcel is isolated from the roadway network, is supposed to take extremely high traffic, and a land use that has been restricted to the B -1 category. This parcel must of necessity, take vehicular traffic because it is not pedestrian friendly. The parcel can only be accessed by a motor vehicle, because crossing Route 83 at this location is prohibited. The parcel needs a land use that is viable and an economically sound land use that takes advantage of the vehicular traffic at this location. The village also has a land use restriction on the parcel that says it cannot be a retail use. It has to be one of the uses in the B -1 District that is not a retail use. Based upon the uniqueness of the parcel, its location with the vehicular traffic, they think that the land use that is dependent upon a drive -thru with a significant bulk restriction on the parcel is in express keeping with the public convenience at this location. 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; RESPONSE: The hours of operation have been provided and there has been significant modification made to the site plan, including the landscaping, bulk regulations and think they have met this requirement. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is.located. RESPONSE: If the special use is approved, the parcels to the north, northeast, and the west are much more intensely commercial than this site. There has been a significant downgrading of the amount of bulk proposed for this site; and with the VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 10 July 16, 2007 additional landscaping, would be more conducive to the residential neighbors. Mr. William Lindeman, resident said that the shortness of 16`x' street could contribute to traffic problems due to the stacking distance for vehicles exiting the Oaks of Oak Brook and the bank, which could occupy the entire stack distance. It is a very slow traffic signal. Hopefully, the traffic will increase with the recent benefits given to the Oaks of Oak Brook. He is unable to understand why the Village is jumping through hoops and bending over to accommodate a bank. He questioned why it could not remain an office building, which was its original use and what attempt was made to continue it. He does not know what great contributions a bank makes to the Village and there are already a number of banks; or did he understand why so many changes were made to accommodate one property. Mr. Day responded that there is a fear that sites like this would bring new traffic to the location where there are already 69,000 vehicles on a daily basis. Traffic engineers would agree that facilities of this nature are not destination banking. It is some of the 69,000 vehicles passing by the location, on a daily basis, that will bank at this location. These banks feed off of the existing traffic and do not bring new traffic to Route 83. The light is slow, but none of the land uses on 16`x' Street has experienced any stacking along 16`x' Street. InSite has been there for 10 years without experiencing that problem. They way that the site is configured they have relocated the drive -thru facility to the south side of the parcel which leaves an additional stacking bay along the west side of the parcel. What the Zoning Ordinance should or should not say is an ongoing discussion with municipal boards. They are evolving documents and are constantly in the state of change. As it relates to this site, and as one of the few B -1 parcels in the community, at this location should permit banking inclusive of drive -thru facilities and they believe they have met the burden as it relates to that. Village Engineer Durfey said that he was comfortable with the way the applicant addressed the concerns regarding traffic. Mr. Tom Thomas, Alderman, Ward One, Oakbrook Terrace said that the bank building is in his ward. He thanked the Village for the opportunity to present and contribute to the decision - making. Steve Schneider, Oakbrook Terrace resident said that he is located west of the subject property. His major concern is that there will be adequate landscaping to hide the traffic and the cars. Director of Community Development Kallien said that Oakbrook Terrace talked about the process of landscaping and said that Village Engineer Durfey would review it. Lighting cannot exceed .5 at the property line and would be reviewed as part of the building permit process. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 7 of 10 July 16, 2007 Member Iyer asked if the bank had looked at the peak load during the busiest time of the day. Ms. Logalbo responded that it varies by location and the busiest time is usual the busiest on Friday during the 5:00 hour. It most likely would never exceed 8 car stacking at the peak hours. They have 160 sites in Chicago. There is sufficient space to accommodate 12 cars stacking at this site. Member Sharma asked if the residents of Oakbrook Terrace used 16th Street to access their homes. Mr. Day responded that there is a closure between the commercial and residential locations and there is no access from 161h Street. Member Lalmalani asked why the bank was interested in the location since the light there takes so long to turn instead of a location that could be accessed rather quickly. Mr. Day said that Fifth Third Bank has over 150 banks in the Chicagoland area; they study the sites and market plan effectively, have a tremendous success record, and would be an excellent corporate citizen of Oak Brook. Director of Community Development Kallien said that when the matter moves forward to the Village Board the text amendments would require approval. There is also a variation that will be going to the Zoning Board of Appeals for the setback line. They are looking into bringing the property into the Village of Oak Brook. Mr. Day said that it was suggested by the City of Oakbrook Terrace that the portion of the property that exists there be annexed into the Village of Oak Brook. The applicants have expressed a willingness to do so, but the Village of Oak Brook will need to want to annex the property. The clients are willing to process the application, providing they get the direction from the Village. In that case, the variation that is associated with the district boundary line would not be needed, because they would exceed the setback standards. Mr. Lindeman, resident said that he was not sure his comments were fully understood. When he referred to stack distance he was not referring to the bank site, he was referring to the short length of 16th Street from the exit driveway to Route 83. He did not feel that 69,000 cars per day on Route 83 were relevant. It is the time that it takes the customers from the Oaks of Oak Brook and others to wait in line for the traffic signals to allow them onto Route 83. It is the number of cars per hour that will attempt to enter Route 83 or continue onto 161h Street that is important. If it should cause a minor traffic jam, due to the short distance of 161h Street it would have an impact on the desire of shoppers to use the Oaks of Oak VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 8 of 10 July 16, 2007 0 Brook and the banks itself'. He added that there has been no maintenance of the strip of property south of the bank site. Mr. Day responded that the Illinois Department of Transportation controls the light and they have the ability to adjust the lights to the traffic that is there. If there are warrants, they adjust the lights to ensure that they can accommodate the vehicular traffic stacking should it become a problem. In regards to the maintenance and landscaping, this was the first time in the numerous meetings with the commissions, boards and neighbors regarding the maintenance of the property, so they cannot respond at this time. Chairwoman Payovich asked the neighbors in the audience if they had any problem with the maintenance of the property. There was no indication from anyone in the audience that a problem existed. Trustee Wolin said that Mr. Lindeman was right that 16 "' Street is a short street and there could be a danger of stacking. He is familiar with the intersection because his home is right there and he passes through it several times a day. Since he spends a lot of time there, he does notice the traffic flows. Typically, there are seldom more than one or two cars exiting from that area on 16`'' Street, and the most he has ever seen was three or four vehicles. He agrees that it could be a potential problem; he did not believe that it was a high -risk issue. In terms of who will be going to the bank, people are careful of the banks they use and most people using the site would enter right and exit right again to leave. Motion by Member Lalmalani, seconded by Member Iyer that the applicant has addressed and satisfied the requirements for a special use to recommend approval of a drive -in banking facility as requested subject to the following conditions: 1. Approval of the text amendments to the Zoning Ordinance to make banks a permitted use in the B -1 District and drive -thru banking facilities a special use in the B -1 District; 2. Approval of a variation to Section 13- 7A -3C -1c to permit an encroachment into the B -1 District boundary line requirement; or Approval of the detachment of lot 3 from Oakbrook Terrace and approval by the Village of Oak Brook for the annexation of lot 3 and consolidation of the now separate parcels into a single parcel; 3. Development in accordance to the site plans proposed by Fifth Third Bancorp (see the case file); 4. Construction of a landscaped berm along the south side of the bank drive - thru addressing concerns by the residents of Oakbrook Terrace; S. All lighting on the bank property shall be properly screened to ensure that the illumination shall not exceed .S foot candles at the property line; and VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 9 of 10 July 16, 2007 W 7. 6. Address all issues raised in the June 26, 2007 memorandum from the Village Engineer Durfey. 7. Notwithstanding the exhibits contained in the case file, the applicant shall meet all village ordinance requirements at the time of building permit application except as specifically varied or waived. ROLL CALL VOTE: Ayes: 6 — Members Adrian, Iyer, Lalmalani, Sharma, Tropinski and Chairwoman Payovich Nays: 0 — None. Motion Carried. OTHER BUSINESS There was no other business to discuss. ADJOURNMENT: Motion by Member Adrian, seconded by Member Iyer to adjourn the meeting at 8:32 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien, Zirec - Community Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 10 of 10 July 16, 2007 OTHER BUSINESS ADJOURNMENT