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Minutes - 07/21/2008 - Plan Commission2 0 H MINUTES OF THE JULY 21, 2008 REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON AUGUST 18, 2008 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: ROLLCAIL Gail Polanek called the roll with the following persons PRESENT: Chairwoman Barbara Payovich,. Raju Iyer, Gopal Lalmalani, and Marcia Tropinski ABSENT: Member Richard Knitter, Mintu Sharma and Vivek Singhal IN ATTENDANCE: Gerald Wolin, Trustee and Robert Kallien, Jr., Community Development Director APPROVAL OF MINUTES: MINUTES PLAN COMMISSION MEETING OF APRIL 21, 2008 Motion by Member Tropinski, seconded by Member Iyer to approve the minutes of the April 21, 2008 Regular Plan Commission Meeting as written. VOICE VOTE: Motion Carried. UNFINISHED BUSINESS BusUSINISIlNESS There was no unfinished business to discuss. NEW BUSINESS NEW BUSINESS A. INSITE GOSHEN LLC, INSITE FREEPORT LLC, INSITE OAK BROOK. InSITE - TEXT AMENDMENT - LLC -- TEXT AMENDMENT — AMEND TEXT TO PERMIT A GROUND GROUND SIGN SIGN WITH TENANT NAMES IN THE B -2 DISTRICT ON PROPERTIES WITH TENANT NAMES IN B -2 LESS THAN 5 ACRES. DISTRICT Director of Community Development Kallien provided a brief over view of the request. The property located at 1400 16"' Street is an office building with multiple tenants; however, it is zoned B -2. They would like a ground sign, but in the B -2 District the only ground signs allowed are to list the name of the shopping center. This building is not a shopping center therefore there is a contradiction so they are seeking a change in the existing sign code and how it relates to the B -2 District. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 26 July 21, 2008 Christina Morrison, Day and Robert, LLC attorney representing the applicant InSite Goshen, LLC, InSite Freeport, LLC and InSite Oak Brook, LLC, which are all a part of the InSite Realty family, reviewed the background and request. Currently Section 13- 11 -8A1 reads as follows: I. "There may be a total of not more than two (2) freestanding ground signs on each of the boundary streets surrounding any shopping center in the B -2 District located not less than forty (40') feet from any street line; provided that each sign shall not exceed a total area of one thousand (1,000) square feet on either side, shall not exceed thirty feet (30') in height, and each shall be limited to advertising the shopping center, its merchandise or services." They are proposing to add the following text: "2. In a retail /commercial development containing less than five (5) acres, a maximum of one (1) ground sign, which identifies the name and' address of the development and may also identify the names and services or merchandise of each of the tenants located in the center, may be erected in addition to signs affixed to the building wall; provided that the sign shall not exceed a total of two hundred (200) square feet on either side and shall not exceed fifteen (15) feet in height." The reason they are requesting the amendment is because they are the only other property located in the B -2 District in the village. This parcel along with the Oak Brook Court and J. Alexander's restaurant located to the west and north of this parcel was originally developed by the John Buck Company and Urban Development and was intended to be a Galleria, which would have been an extension of the Oakbrook Center. However, the development never materialized and the development company sold off the property in three (3) lots. Oak Brook Bank purchased the lot now owned by InSite; the other two parcels were intended to be a high -end hotel, which also never materialized. The developer requested that the village rezone the property to B -1 in order to build the Oak Brook Court and J. Alexander's, which left Oak Brook Bank as the only remaining B -2 property in the development and the only other B -2 property in the Village beside the Oakbrook Center mall. Larissa Addison, General Counsel and Managing Director with InSite Real Estate Development as well as manager for the three entities that are the petitioner in the case; said that InSite Real Estate Development has been a resident in Oak Brook since 1996. They were originally located at 1603 16th Street and purchased the site located at 1400 16`h Street in June of 2007. They moved to this site in February of 2008 and are located with their corporate offices that are on the third floor. They are retail, industrial and office developer and have been in business for approximately 30 years. In that time, they have developed approximately 400 locations across the country and are in approximately 39 states. They own approximately 52 retail locations across the country. They have 21 industrial facilities with approximately VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 26 July 21, 2008 eol.l 14.5 million square feet of industrial space and two office buildings. They have a Class A office building in Burr Ridge and the building located at 1400 16th Street. They have redeveloped this building into a multi - tenant building. Originally the building was intended to be for a single tenant, owner - occupied building as the Oak Brook Bank corporate headquarters and branch location. When they purchased the building, they did a sale lease back. They did lease back a portion of the building to MB Bank, who currently occupies a portion of the first floor and a portion of the basement. They occupy a portion of the third floor and the second floor is empty right now as well as the remaining portion of the first floor. It has gone from a single tenant owner /occupied building to a multi- tenant building, which has caused the necessity to have a ground sign and actually be able to identify the tenants that are located in the building. They are proposing one ground sign approximately 10 feet high by 6 feet high consisting of about 60 square feet on each side. Ms. Morrison noted that the Village standards for a text amendment have addressed the as part of the application and are contained in the case file. Member Lalmalani questioned whether the MB Bank signs would be removed, if this request were approved. Ms. Morrison responded that MB Bank received variations for their wall signs before InSite purchased the property from MB Bank and all of the signage existed at that time. InSite leased a portion of the building back to MB Bank and as part of the sale and lease, MB got to keep all of its existing wall signage. InSite is contractually obligated to MB Bank for the wall signage. Director of Community Development Kallien noted that MB Bank was never given a variation for the wall signage. He added that this is a two -step process. InSite is seeking a text amendment to allow them to have a ground sign and they are seeking a variation that would allow the proposed ground sign to be placed in another location. The text amendment alone does not give them the ground sign that they have proposed. Trustee Wolin noted that he sent a memo to the Plan Commission and that it behooves any Trustee or anyone in the Village to do whatever could be done to help the businesses in the village. These are tough economic times and we want to do whatever could be done to help people. He is not opposed to the sign, more or less, which, the Zoning Board of Appeals will address. His concern is the proliferation of five (5) red signs that are on the building. A personal observation with the way that it stands makes the building looks like a Christmas decoration and is not the type of aura that you necessarily want in Oak Brook. There is a very large red sign on the top of the building facing east toward the Oak Brook Club condominium and serves virtually no purpose because it can't be seen from 16th Street. A nice letter was received from the attorney in response to his memo that explains the agreement with MB Bank to keep the signs, but they would see what can be done. He would VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 26 July 21, 2008 e­�O? encourage InSite to talk with MB Bank and beside the sign on top facing the Oak Brook Club; the other on the side of the building is overkill and just irritates some people. You would think that they would not want to irritate the neighbors and potential customers. He noticed an MB Bank in Hinsdale where the sign is black and although the standard for MB Bank is red, it is obvious that it is much more subdued and nicer looking. He would encourage InSite to work with MB Bank. He was not opposed to a ground sign at that location and one is appropriate, but the multi - colors should be reviewed. In terms of the text amendment, a ground sign would be appropriate language to include. He noted that the sign provisions for a shopping center are very different from those for an office. Director of Community Development Kallien said that one of the alternatives was to look at rezoning the property rather than a text amendment. B-1 may have been a more appropriate zoning. William Lindeman, 11 Pembroke Lane said that he agreed with Trustee Wolin. He drove by the property today and on both sides of the street, there is a lot of landscaping. He disputed the fact that MB Bank was able to negotiate a continuation of leaving signs in place. He also believes that the signs on the building are illegal because it is mounted above the top of the building on the mechanical enclosure. He asked Director of Community Development Kallien to confirm that. Director of Community Development Kallien responded that he had discussed this issue with Mr. Lindeman and noted that the B -2 District does not have the same height requirements as all of the other zoning districts, which is also a deficiency of the regulations in the B -2 District. Mr. Lindeman noted that the sign is shown parallel to 16"' Street. He questioned the need for office buildings to have a list of individual tenants. It is an impossibility for an office building to list their tenants on a freestanding outdoor sign, which is the purpose of having an inside registry. Very few office buildings have outside signage. Although he was not sure how they allocate outside signage, he thought it would make the most sense to allow it to offices that deal the most prominently with the general public. He thought the sign was excessively large and the 12" height for lettering can be read from 600 -700 feet; it did not have to be that large because the traffic is not fast moving through there so the sign can be reduced considerably in size. He did not see the need to reduce the setback because it could be maintained and the sign would still be legible. He commented that there seems to be a phobia with signage and it's turning Oak Brook into Pottersville (in the Jimmy Stewart movie where they lost control of the town and it turned into something that we would not want to live in; and that is what has happened). He gets irritated every time he goes down 22" d Street and sees the dinky little coffee shop; and shakes his head and wonders how it got there and does it really fit there. He does not think that VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 26 July 21, 2008 it fits in with the surroundings. On 16`h Street, there is the Citicorp Bank and the Oak Brook Club and he thinks the proposed sign would detract from the ambiance of that section. There are also three office buildings in the Oakbrook Center along Spring Road. He questioned Director of Community Development Kallien as to whether the Citicorp, Oakbrook East, Oakbrook North office buildings and the Renaissance Hotel would be entitled to freestanding signage. He questioned if that was fair in this competitive market to other office buildings in town, such as on Commerce and Harger. He suggested that the history of the zoning be looked at and the possibility that it should be addressed by a zoning change or keeping Oak Brook stay the way it has been; the way some pretty smart people designed and planned it before there was this mad rush to create artificial expansion. Director of Community Development Kallien responded that as a result of the Commercial .Areas Revitalization Plan the Village has retained the firm of Houseal Lavigne who will be creating Planned Unit Development Regulations and upgrading the Sign Regulations. When requests like this are received, the current sign code provides certain impediments that need to be addressed. Member Tropinski commented that this is a relatively small office building that would be conducive to 3 or 4 tenants and can appreciate why they would want to have their names advertised on the buildings. On York Road in Elmhurst there is an office building there with a sign right on York Road and informs everyone what is in the building. As a consumer, she finds that information very useful. Trustee Wolin questioned the reference of "commercial retail development of less than 5 acres" in the proposed language. Director of Community Development Kallien responded that the Oakbrook Center is the only other property in the Village zoned B -2. There are several out lots within the Oakbrook Center, such as for Citibank, Sears and Macy's, but they are under signage control by mall management. He was not concerned that they would want to utilize or request additional signage should the amendment be approved. Member Wolin questioned the requested height for the sign. Mrs. Morrison responded that the original request reflected only a change in the size of the lot and tenant names but would still allow 1000 square feet of signage. After meeting with Village staff, they reduced the amount to round numbers. They are only proposing to construct the sign as depicted in the application. Chairwoman Payovich queried the Commission and the Commissioners agreed that the language should be modified to reflect the size of the proposed sign. Member Lalmalani questioned where Houseal Lavigne was at in terms of providing signage guidelines. VILLAGE OF OAK BROOK. Regular Plan Commission Minutes Page 5 of 26 July 21, 2008 Director of Community Development Kallien responded that it has been under review for about a month and it may be an approximate 4 -5 month project. Upon completion, the recommendation would then be presented to the public and then ultimately back to the Plan Commission, Zoning Board and Village Board to approve actual amendments to the existing sign code. Trustee Wolin said that he thought it would be helpful to have the request reviewed by Houseal Lavigne and have their comments provided for the Zoning Board of Appeals. Mrs. Morrison responded that they did send the proposed text amendment and proposed signage specifications to Houseal Lavigne on June 3, 2008. They received a call from their office stating that they were giving them a tentative okay, but had not had a chance to discuss the proposal with zoning staff. Member Iyer questioned what the impact would be should the request be approved and was in conflict with the recommendation from Houseal Lavigne and did not want to see a problem occur later. Director of Community Development Kallien said that he wanted to hear the comments from the Commissioners regarding their thoughts and ideas prior to seeking out comments from the consultant. The consultant has yet to formulate any final opinions as to what is the appropriate level of signage in Oak Brook, which is what they are trying to ascertain as part of their research. Director of Community Development Kallien said that if this were in an office district, especially a building of this size the requested 10 x 6 sign is not too large. Member Lalmalani visited the site and the sign proposed is nice, yet there are five bright red signs on the existing building. He questioned how one tenant has five signs and then the other tenants would only have one sign. Larissa Addison, Manager of InSite, responded that when they purchased the building from MB Bank the signage was already in place. When the sale was negotiated the sale they ended up on the lease back that they had to leave the existing signage in place. The lease required that they obtain permits and required approvals for the signage. Additional signage has not been added since they acquired the building in June of 2007. She understands the situation and they have spoken with MB Bank, After hearing the concerns from the Commissioners, they will continue to see if there is something, they could do to modify the signs, although they are contractually obligated within the lease agreement to allow MB to have the signs that were in place. InSite has made a multi - million dollar investment in the building and they have added $4.5 million in improvements on their floor alone. Permits have been issued by the Village to do a lobby modification and an VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 26 July 21, 2008 __�z exterior modification to the rear of the building in the amount of $1.2 million to provide for a better aesthetic that faces toward Oak Brook Club. They are making a huge investment in this building and are trying to attract additional high -end tenants on the office side. They have had tenants come through the building and one of the comments made, is that they do not want to come to the building because they would not have any identity at the building. This national tenant would have been great for the building. Signage has been a problem, which has led them to seek the text amendment to move forward for their own sign. Chairwoman Payovich questioned when they would actually be able to make some changes with MB Bank. Ms. Addison responded that they could not commit to any changes. They would continue to approach them, but could not force them into a position of removing the signage as long as they secured the proper required pen-nits through the village. It is difficult because MB Bank has had the signs in place for several years. Member Iyer asked whether there would be a problem in proposing only two colors on the ground sign rather than multiple colors in order to tone it down. Director of Community Development Kallien commented that in his discussion with representatives of the sign company it was stated that any inclusion of color might be problematic and discussed the desire of the removal of color. Ms. Addison commented that they would be amenable to changing that. They realize it is an office building not a retail strip. Motion by Member Tropinski, seconded by Member Lalmalani to recommend approval a text amendment to allow a ground sign on properties less than five acres in the B -2 District to be added to the Zoning Ordinance. They recommended that the proposed text to be amended to allow a total of 63 square feet of signage on either side, totally no more than 126 square feet and the sign height is not to exceed 10 feet 6 inches. a. Recommend to the Zoning Board of Appeals that the applicant present more neutral color on the sign. b. Recommend that comments be obtained from Houseal Lavigne on the proposed signage and provided to the Zoning Board of Appeals. c. Recommend that the proposed sign would not appear- to look like a building directory. ROLL CALL VOTE: Ayes: 4 — Members Iyer, Lalmalani, Tropinski and Chairwoman Payovich Absent: 3 -- Members Knitter, Sharma and Singhal Nays: 0 --- Motion Carried. VILLAGE OF OAK BROOK. Regular Plan Commission Minutes Page 7 of 26 July 21, 2008 B. FALCO — 2901 OAK BROOK ROAD — MAP AMENDMENT — TO REZONE THE PROPERTY FROM R -2 TO R -3 Director of Community Development Kallien provided an overview of the request. Dana Park had a similar request for a map amendment from R -2 to R -3, which was approved. The Falco property is located just east of that subdivision and is seeking a similar map amendment. Joluz Brechin, attorney for the applicant reviewed the history of the parcel. The property is 4.69 acres. In 2006, they requested and received approval of a 3 -lot subdivision, which included the lot that the Falco's live at as well as a lot for a private road. Tonight they are seeking a recommendation of approval to rezone the property from R -2 to R -3, which would allow the inclusion of one additional lot. The request from Dana Park submitted significant testimony concerning the economic unfeasibility of developing the property as R -2. They are echoing the same theme because in this real estate market which has declined somewhat precipitously since 2006. The R -2 zoning just does not work because of the costs involved. Essentially if the property is zoned R -3, the subdivision development costs get divided by three lots as opposed to two lots, which brings down the actual price of the improvements and also decreases the prospective profit to Mr. Falco. R -2 lacks commercial viability. They have attempted to market the property and it has been unsuccessful. The reason is somewhat similar to the Dana Park Subdivision. There is a lot of flood plain and compensatory storage required by these two subdivisions. Because of that, the usable area of the lots is diminished. In this market place today, if someone is buying an R -2 one -acre lot, the buyer insists upon being able to use almost that entire entire acre. When there are requirements to meet code as far as compensatory and flood plain storage, the area is diminished, which then decreases the sale ability of the property. The property is located within the Downers Grove High School District and that fact diminishes the sale ability of the properly under R -2. Under R -3 zoning, it is still not necessarily a winner, but there is a reasonable chance that the property can be marketed, developed and sold. They believe R -3 is the appropriate zoning for this property based upon its characteristics. If the Village Board ultimately approves this request, they are required to come back to the Plan Commission with a proposed plat of subdivision, which they are working on. They thought that it would be premature to the Plan Commission until the Village Board approved the request for rezoning. Mr. Brechin noted that the zoning amendment factors have been submitted as part of the application. He addressed the standards for a map amendment as follows: 1. Character of the neighborhood RESPONSE: Except for the kennel across the street on Meyers Road, and the Village pumping station on the south side of Oak Brook Road, the neighborhood is VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 8 of 26 July 21, 2008 FALCO - 2901 OAK BROOK ROAD - MAP AMENDMENT - R -2 to R -3 uniformly single family residential, which has been developed with houses that are between 20 -30 years of age. They are hoping that Mr. Drukas is able to develop his property shortly with new residential homes directly to the west. 2. The extent to which property values are diminished by the particular zoning restrictions. In light of the very difficult market times, there are economic conditions, along with the impact of the Downers Grove School District and the diminished area lost by virtue of the flood plain and compensatory storage requirements. The primary issue is the usability of the lot, when a lot is one acre in size; so much is entrapped due to water storage that presents a significant disincentive to prospective buyers. They believe that R -3 would help to diminish that. 3. The extent to which the removal of the Existing Limitations 'Would Depreciate the Value of Other Property in the Area. The properties that abut this property are zoned R -3. They do not believe that R -3 zoning is going to depreciate other property values in the area. 4. The suitability of the Property for Zoned Purposes The property is not well suited for R -2 zoning because experience tells them that R- 2 development is not commercially viable due to the unique characteristics of this property. This property suffers from the same issues that the Drukas property did. 5. Existing Uses and Zoning of Nearby Properties. With the exception of the kennel across the street, all of the property is single family. 6. The Length of Time Under the Existing Zoning that the property has remained unimproved considered in the context of land development. Although the subdivision for three lots was -approved in 2006, it was never implemented because it was not commercially feasible. The addition of another loft will given them a struggling chance of developing the property successfully. 7. The Relative Gain to the Public as Compared to the Hardship Imposed on the Individual Property Owner. The hardship to the owner is significant in that the original design concept, while fully compliant to R -2, has become commercially unviable despite the owner's attempts to comply with the original zoning requirements and investments to alleviate the marketplace's objections. The gain to the public lies in the increased probability that this property would be developed and the increased assessed valuation is available to the village as well as the tax revenues that are shaded with the improvement of property. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 9 of 26 July 21, 2008 W-00AN 8. The Extent to Which the Proposal Promotes the Health, Safety, Morals or General Welfare of the Public. They believe that approval of the amendment will expedite development of the site, which is totally consistent with the goals of the village, the Comprehensives Plan and good planning principles. 9. The Relationship of the Proposed Use to the Comprehensive Plan. Single family residential is totally consistent to the Comprehensive Plan for this site in this neighborhood of the village. 10. Community Need for the Use Proposed by the Property Owners. It is always good to have a variety of different types of housing stock as well as different ages. A lot of people like new construction and this will provide that option for them. They know there are a lot of existing houses available on the market that is just not moving. They are hopeful that this location will be an attraction to people who want to move into Oak Brook and not want a $2.5 million plus home, but would rather have something in the $1.8 to $2.3 million ranges. In addition to the notices sent to residents by the village, Mr. Falco sent out a letter telling the neighbors what they were doing. Only one response was received to date. Joe Falco, son of the property owner, said that they have lived in the house on the property since the early 1980's. Prior to that, they lived in Ginger Creek and have been in Oak Brook for over 40 years. Growing up in Oak Brook, he would like to continue to be part of the community. This plan will hopefully allow him to move back into Oak Brook, because he would live at one of the properties. In the past, they had an approved plan for an R -2 development, but it was not feasible at that time. They have a new plan and based upon the revenues, they believe it can be marketable. Pepitone Realtors did a market analysis, and they believe if the map amendment is granted to rezone the property to R -3, then this plan could work. Developed as R -2 lots, with a 6500 square foot house the asking price would be roughly $2.9 million. If developed as R -3, the base price with a 4500 square foot house would be around $2 million, which is much more desirable in the market place right now and would be viable. They cannot continue with the previous plan, which is why they are seeking consideration for a snap amendment. A brief summary marketing analysis was distributed to the Commissioners showing the sales history over the last 12 months for properties sold within the Downers Grove School District. In those 12 months, there were 4 listings of property in the $2.2 to $3.2 million range. Of those, none were sold and none were under contract. That is one of the reasons why they believe the amendment to R -3 would be beneficial to them as well as the village. Comparing the home prices from $1.2 to $2.2 million ranges, the numbers are not great, but there is activity. Of 38 houses listed, 6 were sold. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 10 of 26 July 21, 2008 Simon Sheers, 43 Windsor, resident of York Woods said that he was at a loss as to what benefit the subdivision would be to the village because the village does not collect taxes, so he questioned how more houses in Oak Brook would be a benefit. Mr. Brechin responded that it would be fair to say that the more housing variety provided in the village, including new housing, is a benefit to the community. For people that want to move into the community or from one part to another part of the community. Although there is no general corporate tax levied by the village, there are other taxes paid and the increased assessed valuation goes to support government and lessen the individual burden of existing homes. The audience made no other comments. Member Tropinski said that .when the previous plat was approved under R -2 zoning, there were considerable problems with the property due to flood plain. On the conceptual subdivision plan, she questioned whether lot 3 would be marketable due to the small space allowed to build a house. There is a very large detention pond and a large strip of land that goes behind lot 4 that would be of no use to the owner of lot 3. Lot 4 has very little buildable area, and she did not see how these two lots as proposed would be more marketable. Mr. Brechin noted that they have not yet applied for a subdivision and when they do, they would have something more than a concept plan, which would be appropriate at that time to discuss the particulars of the plat. When they propose the final plat, the plan would have full compliance with the R -3 requirements and reasonable sized buildable areas to attract buyers for the property. They will address the comments from Village Engineer Durfey in regard to the irregularity of lot 3. It is in their best interest to improve the characteristic of the subdivision consistent with some of the comments made and they will do that. Trustee Wolin said that he had mixed emotions on this property. The village may find it difficult to turn down the request for R -3 since the Dana Park property was rezoned adjacent to it. If the Village Board would approve the request, he would encourage Mr. Falco to give serious consideration as to whether he really wants to develop the property. As it stands, it is beautiful, but may not when it is divided as it would need to be. He agreed with Member Tropinski that the lots would not be very attractive when the yards would not be that usable. Member Tropinski commented that this property had more flood plain than the Dana Park subdivision. Director of Community Development Kallien said that if the applicant were successful with the R -3 zoning, they would need to go through the subdivision process, which would require the review of the detention, retention, walls, lot layout, VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 11 of 26 July 21, 2008 etc. Village Engineer Durfey brought up a very good point that the shape of the one conceptual lot may be problematic. Chairwoman Payovich said that the recommendation is for the map amendment and the concept, but the actual plat would be reviewed under that process. Member Iyer questioned if approval of the map amendment were given would that present a problem at the time the applicant applies for a final plat. Director of Community Development Kallien responded that at the time of final plat the applicant is required to design a subdivision that meets the zoning ordinance and subdivision requirements. The market may dictate some of the issues shown in the conceptual plan. Mr. Brechin said that they recognize that if the Village Board approves the map amendment to R -3, the applicant still has the burden to provide a subdivision plat that conforms to all of the village ordinances and regulations. They also recognize that is going to be a challenge, but they are willing to take it on and work with village staff and create a product that everyone can be proud of Motion by Member Tropinski, seconded by Member Iyer to recommend approval of a map amendment to rezone the property at 2901 Oak Brook Road from R -2 to R -3. ROLL CALL VOTE: Ayes: 4 — Members Iyer, Lalmalani, Tropinski and Chairwoman Payovich Absent: 3 -- Members Knitter, Sharma and Singhal Nays: 0 — Motion Carried. C. TIME SQUARE PROPERTIES, LLC — 2121 BUTTERFIELD ROAD — SPECIAL USE — DRIVE THRU LANE FOR RESTAURANT AND SPECIAL USE — OUTDOOR DINING AREA Director of Community Development Kallien provided an overview of the request. The applicant purchased the property last year and would like to redevelop it even though it is a very small lot. They are seeking special uses in order to add a drive - thru lane and an outdoor dining area. Peter Savenok, 1877 S. Orchard Road, Wheaton, Illinois, applicant and owner of the property said that they would like to change the rainbow - colored building. They acquired the property almost a year ago. They found out that it was contaminated and needed to be cleaned. It took about 8 months to go through the EPA process in order to clean the property. They could not prepare drawings for the site until the EPA report was received. Three months were spent preparing plans for the site and have already provided revisions to those in order to comply with the Village codes and requirements. The property is located on a very busy intersection at Butterfield VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 12 of 26 July 21, 2008 TIME SQUARE PROP. - 2121 BUTTERFIELD RD - SPECIAL USE - OUTDOOR DINING AND DRIVE -THRU and Midwest Road and is a rhombus shaped lot. They tried to work within the existing building and parcel to create something functional that looked good and complied with all Village codes and Health Department requirements. It was very difficult and the engineers, architect and landscape architects spent many hours trying to create something functional and good for the neighborhood as well as to make sense out of the investment so that it would not be a losing project. They are seeking two variances and two special uses. The special use for the drive - through enters the property from Midwest Road and as planned, they should be able to stack 8 or 9 cars. The special use for the outdoor dining area will be located at the front of the building. Over the last several years, all of the new restaurants provide outdoor dining, if possible, because it is convenient and people enjoy dining outdoors. They believe it would be a huge benefit for the neighbors and for the restaurant to be successful. They need to seek a variance to allow a freestanding sign because the lot is undersized. The sign rendering is not the final design or color. The sign would help to identify the restaurant before people drive past it or see the building last minute and change lanes to access the restaurant. They are also seeking a variance to reduce the setback requirement for the landscaping. Chairwoman Payovich asked if there were questions from the audience. Charles Mueller, 110 Schiller Street, Elmhurst, Illinois said that he was representing one of the adjacent landowners. He noted that the lot is less than one -half acre and along with a 2500 square foot building, required parking, and access onto and off of the property, the issue with adding in excess of the planned 8 cars being stacked in line would create a huge problem on Midwest Road heading north. When that occurs, it is going to greatly diminish the value of the two properties adjacent to the site. There are only 22 parking spots and minus employee parking, there would only be 18 parking spots available on the site. He did not think the plan should move forward because it did not appear to be well thought out. He noted that the location is challenging and would like to see the existing building taken down, but it seems like they are trying to put 10 pounds of material into a 5 -pound bag. Vivien Yu, resident and owner of the building located adjacent to the building at 1919 Midwest Road said that when she first bought the building 10 years ago, her building was an eyesore and that they followed all of the rules and regulations and it is now a beautiful building. She said that the design of the proposed building is beautiful, but the only problem they have with the project is that IDOT has opened a third lane from Butterfield Road to 22'd Street, which will increase a lot of traffic. It is very difficult for them to get out of their building now. If there are more than 8 cars in the drive -thru, traffic will back up and it will be chaotic to the public and the neighbors. The existing building is an eyesore and they have been very patient and have not complained. She welcomes the change but does not believe that the village has to give up a lot in order to accomplish a little. Oak Brook is a prestigious suburb and the regulations have to be followed in order to preserve its image. It is not fair VILLAGE OF OAK BROOD Regular Plan Commission Minutes Page 13 of 26 July 21, 2008 11_� to her that her next -door neighbor would not have to provide the landscaping that Oak Brook requires, just so they could have a drive up. She did not think that it would be fair to the public or the neighbors and it would create a huge traffic problem. Director of Community Development Kallien asked whether it would address some of her concerns if the village limited the circulation on the property to enter from Midwest and exit east onto Butterfield. Mrs. Yu responded that it would not. She had concerns as to how many people /tables could be in the 2500 square foot building as well as how many employees. The flow into and out of the property is a chaotic situation and there are only 18 parking spaces. Director of Community Development Kallien responded that the Village's requirements for parking on this site is based upon 66.67 parking spaces per 1000 square feet, which means they would need about 30 spaces per code. As part of the request, the applicant is going to try to get a shared parking arrangement with an adjacent property. If he would be unable to do that then he would be back in front of the Village to seek a variation. Mrs. Yu questioned the maximum occupancy allowed within the restaurant. Director of Community Development Kallien responded that the occupancy load would be determined by the Fire Department based upon different factors. Mrs. Yu said that these were her concerns and added that it is a huge traffic problem; and that the opening of the third lane will make the traffic worse. Director of Community Development Kallien said that the use of the property is being maintained and the one significant change is adding the drive -thru. The applicant is trying to make do with a very difficult situation. The property is not laid out correctly. If the building is demolished, they would need an additional set of variations in order to construct a new building. Mrs. Yu commented that she understood that, but as a neighbor and an investor did not believe, she should suffer just because they need to expand. They have expanded for the better, not for the worst. If they add a drive -thru, she would also suffer. It would not be fair if they would not provide the required landscaping. With food, there are all kinds of problems, so the landscaping is needed to protect her as a neighbor, from the smell, and from the dust from the drive -thru. She did not think it would be fair. If they are seeking additional parking, she could assure that the other adjacent building is a 24 -hour surveillance building and they do not want anyone in the parking lot, so she would be the one to suffer. She would also have the expense for the wear and tear on the maintenance of her parking lot, just because VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 14 of 26 July 21, 2008 41_� someone wants to put a massive restaurant in a small lot that is less than one -half acre. She asked that the Commission give it some thought to determine if this would be the right kind of improvement that the village is looking for. Chairwoman Payovich noted that the applicant could not use her parking lot or another lot without an agreement with the property owner. William Lindeman, 11 Pembroke Lane said that he agreed with just about everything said by Mrs. Yu. He noted that there were important agenda items before the Commission and that there were three empty Commission seats. He said that it did not appear that there had been a lot of study done by the Commission regarding the items on the agenda. He thought the Commission should be concerned with the whole package, not just the special uses requested because they are all tied together. He did not think the Commission had received the necessary infonnation to approve some of the issues before it at this meeting. He thought the Commission should consider having a greater number of Commissioners present when some of the decisions are acted upon. Chairwoman Payovich thanked Mr. Lindeman for his comments and stated that the people on the Plan Commission attempt to be very knowledgeable about everything that comes before them. Looking back at the Plan Commission records, the discussions by the Commission take into consideration everyone's concerns. In most instances, the decisions are very close to being unanimous. They do look at all the issues and concerns from the applicant to neighboring property owners and residents of the Village that may not be neighboring property owners. Mr. Savenok said that in regards to the parking requirements he had a signed letter of intent for 12 additional parking spaces, which would be used for the employees. They did build an oversized kitchen in order to accommodate the drive -thru. Almost half of the building is kitchen in order to serve a very fast and efficient drive -thru. There will never be a problem in the drive -thru and if necessary there is an area, the cars could wait. A drive -thru is very important for this location because it meets the today's needs as a fast food restaurant. Mark Richards, Civil Engineer, Webster, McGrath & Ahlberg Ltd., said that the impact of this project is a very positive one. The existing imperviousness on the site is 18,317 square feet. The proposed impervious area has been reduced to 16,960 square feet. The existing curb line against the southern boundary of the property has been moved further north so that the variance request for landscaping is very minimal; it is only along the drive -thru lane. The overall impact of the project is to add 1357 square feet of green space on the site. He noted that once cars have entered the site and are stacking in the drive -thru, there is additional width, which could allow three cars, so there is relief provided by the extra width in the lane. The minimum Oak Brook standard is 27 feet. In his opinion that amount of stacking is typical. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 15 of 26 July 21, 2008 Ron Guest, Landscape Architect, said that currently there is nothing on the property. There is green space surrounding the property, such as grass. They have incorporated additional shrubbery according to Village code, along Midwest and Butterfield Road. Additional landscaping is provided along the easterly property line and trees have been added to the site. No landscaping exists currently along the southern property line, except what exists on the adjacent property to the south. They have enhanced the area with additional landscaping and added screening around the trash receptacle. Landscaping has been added to the front of the building as well. The landscaping has been increased by 100 %, and the building is improved. The landscaping variation is for the area where the drive -thru comes along next to the building. Director of Community Development Kallien said that some of the comments made were good comments. The Village Engineer and he have spent a lot of time on the project. It is a problem site; it is very small and the structure currently located there is not in compliance with Village codes. The applicant has needed to work around many issues. Mr. Savenok has been very helpful in providing the revisions to the documents as requested, but he asked that the matter be continued in order to address some issues, such as occupancy. He would work with the Fire Department to identify the actual occupancy of the building. It appears that there are approximately 20 parking spaces and 24 seats in the restaurant. A significant majority of the building is the kitchen, which has been mandated by the DuPage County Health Department. When the York Tavern applied for a modification to its building, most of that was driven by the Health Department in order to meet its requirements for space, cooking facilities, storage, refrigeration, etc. When those improvements were made, it now meets Health Department requirements. This site has the same dilemma because the previous kitchen did not meet code and the Health Department ultimately closed it down. It may seem excessive, but that may be mandated by another governmental entity. He would also like to review with the Village Engineer some of the vehicular movements on the site, based on some of the comments made by the audience. Whatever happens on the site, we want to make sure they are made better. The applicant has made some large steps forward to address some of the concerns and there may be further tweaking that could be done. Trustee Wolin thanked the applicant for planning to tear down D's Diggity Dogs and to replace it with a very attractive building. The most problematic thing is the drive -thru. The entrance on Midwest Road as shown the site plan does not appear to work. The civil engineer said that there is a 33 -foot width there, but the way that it is drawn, with cars stacking up there, it does not appear that there is enough in and out access provided. He asked the area be reviewed by the Engineering Department. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 16 of 26 July 21, 2008 Member Lalmalani said that he was concerned about the issue of safety, with cars entering and leaving the site. While the other issues are reviewed, safety on the site should be reviewed as well. Anything that is constructed would be better than what exists on the site. Charles Mueller said that it is a challenging project and he requested that the Commissioners and the engineer review the project. It seems like the engineering may be bending over backwards to help the applicant, but he is not helping those that are adjacent to the property. It will be a huge nightmare with the drive- -thru. Any restaurant with a drive -thru is going to have more cars backed up at lunchtime. It will be a complete disaster. If a bigger kitchen were built, that would mean there would be a lot more drive -thru traffic. The Portillo's in Elmhurst has double lanes of traffic and plenty of stacking space. This is an accident waiting to happen. He requested the Commission not take anyone's word, but to go out and use a little common sense. Mr. Savenok said that the Health Department required additional dry storage in the kitchen. They are providing an oversized kitchen and very limited seats in the restaurant. The restaurant may not be completely booked, but the seats area provided for mere convenience to allow people to sit inside or outside. They are not going to be like Portillo's, he would wish that, but it will not happen. Christopher Krupp, Krupp Associates Architects, said that they have already been approved by the Health Department for the design. In order to meet its requirements there is a very large addition off to the left and the right, but they are for storage only. Almost half of the building is kitchen and storage. The building, outside of those additions, is exactly the same size and footprint of the existing building. The concern that people have is that they are imagining it to be much larger than it really is; but it is just a better - looking building. The Fire Department will determine the seating allowed. The area for seating is fairly small. The kitchen was intentionally made large so that the drive -thru would work quickly. The aesthetic improvement is tremendous. Additional parking is going to be provided elsewhere for all of the employees. Mrs. Yu said that her main concern is for safety. If they are going to put in this kind of investment, they want a busy lunch and dinner. She asked how it would impact the neighbors if there were 11 -12 cars stacked up. It does not make sense to have the drive -thru lane enter from Midwest and exit onto Butterfield. She and their tenants would be locked onto their property. There are all kinds of professionals in her building, including doctors and patients. It is difficult currently to get across the street. The applicant said that they would have 6 employees, D's had 5 employees working; it does not make sense. It is a beautiful plan, but it does not make sense and does not want to see a monster created. VILLAGE OF OAK. BROOK Regular Plan Commission Minutes Page 17 of 26 July 21, 2008 Andy Savenok, represented Savenok Properties. They will have a big kitchen, which will speed up the process. They are also going to have the best POS system in the industry. They went to the National Restaurant Association show and are working with companies to provide the fastest and most efficient point of sale system, which would further speed up the traffic. It is illogical to claim that the additional lane provided by IDOT would create chaos; it has been added, in fact to make traffic go faster. Starbucks is a huge conglomerate and he goes there every day to get his coffee. At the most, he has seen 5 or 6 cars in their drive -thru. To suggest that they would have more than 9 cars stacked, when they will have the best possible POS system, and a large kitchen is ridiculous. It was the consensus of the Commission to give staff additional time. Member Tropinski moved, seconded by Member Iyer to continue the matter to the next regular meeting. ROLL CALL VOTE: Ayes: 4 — Members Iyer, Lalmalani, Tropinski and Chairwoman Payovich Absent: 3 — Members Knitter, Sharma and Singhal Nays: 0 -- Motion Carried. Chairwoman Payovich called for a 5- minute recess. The meeting reconvened at 9:41 p.m. D. MACY' S — TEXT AMENDMENT — AMEND TEXT TO PERMIT MACY'S - TEXT AMEND - OUTDOOR SALES EVENTS IN THE B (BUSINESS) DISTRICTS OUTDOOR SALES John Brechin, attorney for the applicant, said that the applicant was seeking approval of a text amendment as enumerated on the staff report on page 6.a of the case file. He noted that they are not married to the language as proposed and should the Plan Commission be of the opinion that some should be tweaked or changed, they do not have an objection. They are seeking a mechanism in the zoning ordinance, which presently does not exist, to allow for commercial retail ventures to have sales outside of the traditional permanent building. It would be a nice added feature for Macy's and other similarly situated retailers and the direct beneficiary would not only be the customers but also the Village. The text amendment is worded in such a way that the Village Board, on a case -by- case basis, would review any temporary permit. The permit would be of a limited duration and the set up and take down of the tents would have to occur in a very rapid period. The Village Board would not only review it with compliance to the ordinance, but would have the ability to impose whatever conditions would be appropriate for each particular event. Curt Moody, Store Manager, Macy's Furniture Gallery, has been the manager of the VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 18 of 26 July 21, 2008 Oak Brook store for 2 1/z years. Prior to that, he was the manager at the Vernon Hills and Lake Forest stores for Marshall Fields and has been with Fields for 37 years. When he was on the North Shore, the Old Orchard mall would do this kind of event for many years. The numbers that he would hear in terms of sales revenue that came out of these events has always left an impression on him; $2.5 million out of a rug event when things were going gangbusters was a reality. When he came to Oak Brook, he wanted to do something like that and the response was that the Oak Brook Zoning Ordinance did not allow that venue. He spent some time partnering and meeting with the Village talking about his idea and building an event that they would want to do with the brand character of the Village and Macy's. It would be good for the community, for their customers, store staff to help make money in a very down economy. It would be an opportunity to drive additional business, partner with their sister store in the mall, and have some fun with it and see how much business they can do. They believe the sales would be a nice healthy number that they would like to perpetuate if successful. If allowed to put this on, they would be open to making it as good as they can make it for their business partners, the community and the village. The tent would be about 10,000 square feet. They have had a long - standing relationship with folks that have done these types of events with Marshall Fields at Old Orchard, Woodfield and Northbrook Shopping Centers. Those villages are not particularly easy to please on some of the temporary situations. They have a lot of experiences and very high standards as to what they would like to do. Oriental area rugs would be the product, done a couple of times a year. The merchandise is the product that they have within their store. It is first run merchandise that they carry and it would be sold by their existing team during regular business operating hours. Looking at the zoning ordinance they would operate the tent set back away from the building itself and away from 22'd Street. It would be tucked back on the eastern side of the parking lot. He reviewed a large site plan showing the location of the tent in relationship to the parking and the building. There are 220 parking spaces servicing the Macy's Furniture Gallery. On any given busy Saturday there are no more than 50 spaces used. The tent will displace about 50 parking spaces. The employee base has shrunken significantly, and there is overflow parking on the employee side of the building. There is more than enough parking to accommodate those that would be coming to visit the event. All safety issues will be addressed. Joe Tedesco, General Manager and Principal with BBT Rugs, Park Ridge, and they are a permanent lease partner with Marshall Fields and now Macy's. They manage the entire in store departments. They are there on a day -to -day basis. They are not there just to do tent sales. In Chicago they have a staff of about 30 people who work every day within the Macy's stores. They have done over 30 tent sales in Chicago, Minnesota and Michigan and they handle the north division for Macy's. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 19 of 26 July 21, 2008 The product is the exact same product that is carried in the store. Given the unique individuality of the pieces, it gives the consumer a better opportunity to find the exact piece they are looking for. It is a way to create some excitement around a sale. In a 10 -day period., they spend between $50- 75,000 in advertising that is directed to that store and that event. Based upon his experience with other tent events, not only are their sales dollars increased but other stores around them, restaurants and gas stations also have increased revenue from the event. They have had an event every year in Old Orchard and the shop owners and restaurants are excited when they have their event because their sales go up as well during the event. It is their belief that Oak Brook will experience the same thing. They staff it with people from the stores that work there every day. He is personally and his regional manager is on site. They stay within the regular store hours. They meet with the Fire Department to make sure they are within the code. They provide full time security as well as coordinate it with the local police department. If allowed, they can participate, but some towns do not allow their police officers to work extra hours. When they close, full time security is provided over night until the store opens in the morning. The tent is very upscale, there is a wood floor in the middle and they put down pvc flooring to control any water issues. He has done this for over 10 years without incident. They have done well with it and with the economy the way that it is; we need to find some other ways to do things. They hope that the village will see fit to approve it. It is their belief that it would be a win -win for everyone and would generate some additional sales tax revenue for the Village. Jim Gallagher, Party Time Productions, Addison, said that their portion of the event is facilitating the permit for the event. They take care of all the municipality requirements. They put up fresh inventory as depicted in the photos. Everything is grounded; it is weather tight for storms; temporary power is coming in to the tent that handles the power for lighting, cash registers, and night security. Everything meets code, flame certificates are provided, which goes through the permit process in order for the event to take place. Mr. Brechin said that safety is of the utmost importance and will be maximized. There is full traffic circulation available around the tent for police and fire. Everything provided is within the buildable area. They recognize that there will not be any additional temporary advertising signs. On the busiest day without the tent sale, no more than 20 percent of the parking lot is utilized. There will not be traffic or parking problems. There will not be an access problem because there is stoplight located there. Mr. Brechin noted that the zoning amendment factors have been submitted as part of the application. He addressed the standards for a text amendment as follows: 1. Character of the neighborhood RESPONSE: The character of the neighborhood is commercial, retail, and hotel across the street. The only residential nearby is across 1 -88. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 20 of 26 July 21, 2008 2. The extent to which property values are diminished by the particular zoning restrictions. They think the amendment will be beneficial to them and village wide will maximize their ability to generate sales and to attract people that would hopefully be buyers. One of the advantages of the tent is that the rugs can be laid out fully to get a better idea of the color scheme and how it might fit in the homes decor, as opposed to 20 -30 rolled up rugs where only a small portion is seen. 3. The extent to which the removal of the Existing Limitations Would Depreciate the Value of Other Property in the Area. It has been testified that when these events are held other businesses are positively impacted, such as the gas stations, restaurants, etc. 4. The suitability of the Property for Zoned Purposes The property is over three acres in size. On the busiest day there is plenty of space. It is very well situated. The amount and location of parking as well as access to the signalized intersection. 5. Existing Uses and Zoning of Nearby Properties. As described in number 1. 6. The Length of Time Under the Existing Zoning that the property has remained unimproved considered in the context of land development. Not applicable. 7. The Relative Gain to the Public as Compared to the Hardship Imposed on the Individual Property Owner. If the Village Board ultimately approves the amendment they are proposing, there will be an ability to provide an alternative venue for products that consumers might like. The benefit to the village is if people buy the products, it would generate more sales tax. Every municipality is struggling to find ways to keep sales tax levels from going down because many people are cutting back from all socio economic areas. 8. The Extent to Which the Proposal Promotes the Health, Safety, Morals or General Welfare of the Public. They believe that approval of the amendment will not have any negative impact and would be a beneficial addition to the Zoning Ordinance. The necessary discretion is reserved to the Village Board to review the proposed events to make sure that they will come forth with all ordinance requirements. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 21 of 26 July 21, 2008 9. The Relationship of the Proposed Use to the Comprehensive Plan. It is consistent with the Comprehensive Plan and how it relates to sales. It is just not in a permanent structure. 10. Community Need for the Use Proposed by the Property Owners. It will be beneficial to the public by providing another alternative and generating interest to attract people to Oak Brook. As is well known, this is not the only business on 22'd Street corridor. Whatever traffic is attracted would ultimately be attracted and good for the Village. Mr. Moody said that they thought $500,000 to 750,000 would be a good sales goal for the first try. There have been many cases where they have done over a million dollars and over time this could build. They are hoping that if approved it would not be a one -time event. If successful, they would perpetuate it and grow it. William Lindeman, I I Pembroke Lane said that he believes that a business that comes to ask for help should be a good neighbor. Macy's has failed to maintain the landscaping on the portion of their property that extends from their entryway to Route 83, as well as the parkway between their property and the curb lines on 22 "a and Route 83. He asked what something like this would do to the image of the village. The village is looked at like a top -notch community with high quality stores. He drove through Northbrook, they had a tent, and he asked himself if they were having a garage sale in the Northbrook mall, so he turned in there and he believes that it may have been a Macy's store. He questioned how many people going down 22'd Street or Route 83 would wonder that the economy was hitting Oak Brook pretty hard and was now having garage sales, with oriental rugs no less. They may think that it is probably a going out of business sale that would go on for five years like most of the other oriental rug sales that are encountered. He questioned whether the remaining 80 percent parking spaces available would be sufficient to accommodate the expected customer turnout that they anticipate. Once they put up a tent, the next -door neighbor Costco is going to want to do the same thing. In other cities, they have hot dogs and vendors, something like what is now being allowed in the Oakbrook Center. It just gets out of control and diminishes the quality of the village and the perception that people have of the village, that is the type of thing that needs to be considered more so than what the revenue would be or any hardships that may occur. Mr. Brechin said that the remaining parking left would be able to handle three times that crowd minimum. Mr. Moody said that there are 120 spaces and the advertising would be what they have for a big furniture sale. They are allowing for more than double the spaces for the duration of the event. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 22 of 26 July 21, 2008 Mr. Brechin said that most people realize that the vast majority of communities, under limited circumstance permit outside sales, such as sidewalk sales. Elmhurst and other communities do it. The other thing to be pointed out is the quality of the tent. It is not some camping tent. He remembers experiences in this village where he would not only have to change his shoes but his socks as well, because it was wet. A floor is being provided so that there is a gap between the floor and the ground to provide for drainage. This is not like a pick up truck on the side of the road selling artwork for $3.27. These are not rugs that would be bought with a $20 bill, or three $20's. If people think this is degrading of Oak Brook, then they do not know what it is. What is being proposed is not a degradation of anything. It is another opportunity to bring people in, to attract their attention, their interest and hopefully their dollars. Director of Community Development Kallien asked for the total number of parking spaces available on the site. Mr. Moody responded that 220 spaces are available. Trustee Wolin said that there are pluses and minuses. The applicant is correct that at this particular time, sales are very important and Oak Brook's sales are down just like everyone else's. If the event helps Macy's, then it is something positive for Macy's and positive for the Village. The property is unique in that on the east side of the building there is a massive parking lot that virtually gets no use. He passes the property often and has never seen anyone use the east side parking lot and the tent would be back far from the road. Some residents will object, however, the nice thing about this opportunity is that it is a one -time deal. If it works out it can be done again. If not, then it never has to be done again. Director of Community Development Kallien noted that the way the language is written every applicant would submit documents to the village. Ultimately, it would go to the Village Board and all meetings are held in public and are not approved by staff, but would be approved by the elected officials. Trustee Wolin said that this is a unique site and at Costco, there would not be room for a tent. As other retailers would come forward, they would have to qualify as Macy's would. Member Lalmalani questioned where does it end; there may be others that could set up smaller tents. He questioned if there would be guidelines; or would Oak Brook be converted to a city of tents. There should be a limit set to the number of tents that can be set up. Mr. Brechin said that the text was set up to accommodate that. If there is not enough parking, or it cannot be maintained within the buildable area, the Village Board will VILLAGE OF OAK BROOK. Regular Plan Commission Minutes Page 23 of 26 July 21, 2008 not approve any such request. It is a reasonable standard. The cost of the tent rental for 14 days is over $20,000. It is a first class product, which is what Oak Brook deserves. They have tried to provide enough discretion in the proposed text so that the Village Board could look at location, traffic movement, public safety, and all other relevant factors so that if a site such as Costco does not have enough room would probably be denied. Member Iyer asked if there would be generators. Mr. Gallagher responded that there would be a Whisper Quiet roughly a 30 kw generator that runs no louder than an outdoor air conditioner. For night security there is a very small ancillary 2 hp generator to run nighttime lighting. These generators are movie studio quality that is used 10 -15 feet away from filming. Director of Community Development Kallien said that a request like this would be required to meet the noise ordinance. Member Iyer asked how long the event would take. Mr. Brechin responded that the text was written for 14 days in order to allow time for setting up and taking down the tent. It should be decided on a case -by -case basis based upon the nature of the product, the location of the property and the need of the petitioner. It gives the Village Board the requisite discretion to make the appropriate decision in their collective opinion. Member Iyer cautioned that if it is approved, it sets a precedent and we need to insure that it does not unfairly deny other people who come forward with suggestions or requests. Maybe another tent would be much smaller. As was stated before, where do we draw the line, set the standards, and get an answer before it is decided. He had mixed feelings. He is supportive of more sales tax and understands difficult economic times. Perhaps it should be discussed further at another meeting. Trustee Wolin said that from a personal standpoint, he thought it would be worth a one -time trial to see if it works out; then see what the reaction of the community would be unless the commissioners are uncomfortable with it. Director of Community Development Kallien said that if an event is held and it does not live up to the expectation that everyone thought would occur; the Village Board could very well say that there would not be any more of those events. They could send the language back to the Plan Commission and the Zoning Board to see if it could be better tweaked or reverse it to go back the way it was. Mr. Moody said that the village has a business partner such as Macy's that wants to do something in terms of providing something that is within the spirit of the community. He added that the weather does become a concern and timing in terms VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 24 of 26 July 21, 2008 of their plans for an event, which they had been hoping for at the end of September. It not at that time, then they would not be able to have an event this year. Member Lalmalani asked if input was sought from the neighboring retailers. Director of Community Development Kallien said that notices were sent to some of the neighboring shopping centers. He spoke with Chuck Fleming of the Oakbrook Center just cautioned that unless it is properly structured something like this could get out of control because more events may be requested than were anticipated. The applicant has tried to address all of the issues that were brought up. It is a good site and there may be some properties where people would want to do this and would just not be appropriate, so the Village Board would have to ultimately say no. There may be good places, and there may not be good places. The burden is placed upon the elected officials to review the requests on a case -by -case basis. Member Lalmalani said that Macy's is an ideal location. Chairwoman Payovich noted that there are restrictions in the language. She felt inclined to go forward with it based upon the season. Looking at it as Macy's, they may be given the opportunity to go forward and determine whether it would, be a success - continuing event in Oak Brook or a one -time event would be in their hands. Member Iyer said then he would suggest that it move forward and see what happens. He had addressed his concerns for the record. Member Payovich suggested that if the event occurs, the Commissioners should go there to see what happens with it first hand. Mr. Moody welcomed the Plan Commission to come to the site. Mr. Lindeman said that he would be favorable of a one -time event with the understanding that it would be evaluated and no promise made as to what the future holds. What disappointed him the most was Mr. Kallien's reference to a conversation with Chuck Fleming who is the manager of the Oakbrook Center. Any information received from any other business should be forwarded to the people that make decisions such as this. Chairwoman Payovich thanked Mr. Lindeman for his comments, but added that Mr. Kallien has never kept any information from her or anyone else. Director of Community Development Kallien said that the text amendment creates the framework in the zoning ordinance. If anyone seeks to have a special event, then an application must be submitted to the Village Board that ultimately would approve it. It would be on a case -by -case basis. The Plan Commission is not approving the Macy's event. They are merely providing the framework of what such an event VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 25 of 26 July 21, 2008 1 7 would be and they have gone to the next step to show how the event would impact their property. Chairwoman Payovich added that approval of the text amendment allows the applicant the opportunity to come to the Village Board with its request. If the Village Board does not like what is presented, they can deny it. Mr. Brechin said that they are not seeking approval of any tent event as part of the text amendment request. They are only seeking this amendment in order to establish the procedure. After Plan Commission and Zoning Board of Appeals recommendations, the Village Board will determine whether or not the amendment is approved. If the amendment is not approved it is over. If they approve it, then an application for a specific event could be processed. This is not an accelerated process; the Village Board is going to have every opportunity to not only consider the merits of having the language in the ordinance, but also the specific merits of what Macy's or any other business might be asking for in terms of approval. Trustee Wolin said that the matter would also go to the Zoning Board for its opinion. If the opportunity presents itself when the tape goes to the Plan Commission members to review the Time Square matter, they could also review this issue. Motion by Member Lalmalari, seconded by Member Tropinski to recommend approval the text amendment as proposed by the applicant that would permit outdoor sales events in the B- Districts as approved by the Village Board. ROLL CALL VOTE: Ayes: 4 — Members Iyer, Lalmalani, Tropinski and Chairwoman Payovich Absent: 3 -- Members Knitter, Sharma and Singhal Nays: 0 — Motion Carried. OTHER BUSINESS BUSINESS There was no other business to discuss. ADJOURNMENT: ADJOURNMENT Motion by Member Iyer, seconded by Member Tropinski to adjourn the meeting at 10:32 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kal en, Directot of Community Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 26 of 26 G July 21, 2008