Loading...
Minutes - 08/20/2007 - Plan CommissionI. 2. 3. 4. MINUTES OF THE AUGUST 20, 2007 REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON NOVEMBER 19, 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 7:34 p.m. ROLL CALL ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairwoman Barbara Payovich, Raju Iyer, Gopal Lalmalani and Mintu Sharma ABSENT: Members Paul Adrian and Marcia Tropinski IN ATTENDANCE: Gerald Wolin, Trustee, Robert L. Kallien, Jr., Director of Community Development and Dale Durfey Jr., Village Engineer. APPROVAL OF MINUTES: MINUTES REGULAR PLAN COMMISSION MEETING OF JUNE 18, 2007 Motion by Member Lalmalani, seconded by Member Iyer to approve the minutes of the June 18, 2007 Regular Plan Commission Meeting as written. VOICE VOTE: Motion Carried. REGULAR PLAN COMMISSION MEETING OF JULY 16, 2007 Motion by Member Lalmalani, seconded by Member Iyer to approve the minutes of the July 16, 2007 Regular Plan Commission Meeting as written. VOICE VOTE: Motion Carried. UNFINISHED BUSINESS BSINisr BUU SINESS S A. VILLAGE OF OAK BROOK — TEXT AMENDMENT — REAR YARD VOB - TEXT AMEND - REAR SETBACKS ALONG STREETS — REVIEW AND AMENDMENT OF YARD SETBACK S ALONG STREETS APPLICABLE TEXT Director of Community Development Kallien requested a continuance. Motion by Member Iyer, seconded by Member Lalmalani to continue the hearing to the next Regular Plan Commission Meeting, VOICE VOTE: Motion Carried. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 13 August 20, 2007 rov NEW BUSINESS NEW BUSINESS A. HAWKS SOCCER CLUB — 1315 -1425 KENSINGTON ROAD — SPECIAL HAWKS SOCCER 1315 -1425 USE TO AMEND ORDINANCE S -1050 TO ALLOW SITE KENSINGTON - SPECIAL USE IMPROVEMENTS Director of Community Development Kallien provided an overview and background of the request. In 2003, the Hawks Soccer Club and McDonald's worked out an agreement that the Autumn Oaks property located at Kensington and Jorie Blvd could be used as a soccer field with related improvements on a temporary basis. The soccer program has been very successful and Hawks made a request to McDonald's to modify their plan. They agreed and now they are seeking approval to amend their existing special use for the property. Duke Tomei, President Hawks Soccer Club said that in August of 2003, Hawks Soccer Club was granted a special use permit. The lease agreement with McDonald's is a two -year rolling agreement. In 2003 they had approximately 300 players and as of this coming fall they will have approximately 600 players. Ninety percent of the players of the Hawks Soccer Club are from the communities, consisting of Oak Brook, Hinsdale, Clarendon Hills and surrounding communities. They are a not - for - profit 501c3 corporation that is run by the parents of the club. Over the last few months as they have expanded, they sat down with McDonald's and thought it important to clarify and come to a long -term vision of what they would like to do with the property and to confirm that they are in good standing with the Village. 1. Hours of Operation: In 2005, they started loaning soccer fields on Saturday mornings to AYSO American Youth Soccer Organization, which is not a traveling club, but a community soccer that is like the park district. On Saturday mornings, they allowed them to use the fields at no charge to keep more kids playing in the community. In 2003, the original special use allowed them to use the fields on Saturday morning from 10:00 a.m. to 8:00 p.m. On Saturday, AYSO starts using the fields on Saturday at 8:30 a.m. and are off by noon. This is the reason for the request to modify their hours to accommodate there and tournament events. The kids are there from April to June /July and then come back in the fall from Labor Day until November. They may have summer camps, but would be during the day. 2. Number of Fields in Use: They put seven fields into use and there currently are 14 fields being used. The original special use talked about Lot 1 and Lot 2, but at the time, they only had enough funds to get 7 fields into operation. Over the last 4 years, they have now built out 14 game fields that talk about the west side of fields closer to Route 83. They had to switch fields a bit due to the topography. They did not disturb the land, just filled in the potholes so that it VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 13 August 20, 2007 was playable and safe. 3. Field Lights In August of 2006, for security reasons, they added lights around the parking lot. In the fall months, when the time changes it starts getting dark at 4:30, so in October/November when the kids are there it is a safe environment. When they built the lights last year, it illuminated the grassy area on the outer ring of th'e- parking lot. The entire area is 34 acres, and the outer circumference of the property is 1.1 miles. 4. Drinking Fountain In 2005, they brought in water to run a sprinkler system. They would work with the village to approve a drinking fountain, subject to Village plumbing codes, so that the kids would have potable water at the fields. 5. Rebound Wall It would be a wood wall for the kids to use as a training tool. 6. Sign on Corner of f Kensington and Jorie It would help identify the site when people drive by to locate the held. 7. Shelter /Garage In the summer months, it would be empty so that if there are storms they could bring the children in. In the winter, they would pack up the equipment for storage. The shelter would be over an approximate 1200 -foot slab. The shelter would be less than a 1000 foot, one -story frame structure that would look like a garage. They worked with the Fire Department and exit signs would be installed for safety. If a storm came in they could get the kids under shelter. 8. West Side Gravel Parking Lot This would be located immediately west of the Kensington cul de sac that would allow for west side parking. The kids are not allowed to be dropped off or picked up on Kensington. They would be able to pull into the new parking lot, instead of the kids walking across the street. The parking lot would allow for approximately 60 parking spaces and would be in similar nature to what they have on the existing lot. The construction of the parking lot requires requests for variations, because it is a gravel parking lot versus a permanent asphalt parking lot. The license agreement is renewable every 2 years so they try to look at economical sense as to what they are going to make an investment in. They are a not -for- profit organization so they try their best to keep their fees as low as possible. To build the west side parking lot and meeting all the building requirements would be cost prohibitive and they would not be able to do it. The club is run by the parents and when they build out a soccer field costs about $4,000 -5,000 in equipment and another $4,000 -5,000 to make the grounds safe; so each field runs about $10,000 to just open. They have estimates to do the west side parking lot correctly and it is about $300,000, so they could not do it. 9. No Parking Signs They ask people not to park along Kensington as a safety rule and there are only about 2 -3 standing no parking signs, and would be prepared to pay for the signs and would like to put them on all of the posts so that parents would see them on every light post. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page ''3" of 13 August 20, 2007 0 °' William Lindeman, resident of Oak Brook, said that the activity and usage has increased over the years. His question is to McDonald's who has made these activities possible. The land is taxed and assessed as open space, which means that a large parcel of property incurs less taxes than he pays on his home. He is also disappointed that McDonald's ignores the aesthetics of such a large parcel of property. All the property in use by their business is top class. Their campus along Jorie, the medians along Jorie, their facility along 22nd Street are above what a village would expect to see. Driving past the property on Kensington, he saw that it has basically been ignored by McDonald's. It puzzled him how the village is able to condone an unpaved parking lot and condone the lack of any kind of landscaping. He does not believe that a single tree has been planted on the property while it has been under the ownership of McDonald's. McDonald's acquired that property from the Park District and conditioned that the property be rezoned to permit a multi -story office building development. It was approved and as a result, the value of the property increased tremendously. The assessed value is approximately 30 million dollars. To allow it to exist in its present condition, given the development across the street and the aesthetics of the properties across the street he did not think it was fair for the Village or McDonald's to continue to not make an effort to improve the appearance. It looks like an amateur operation, which it probably is, because it is a not - for - profit organization doing the best that it can. He could appreciate the current 600 kids that make use of it, but thinks at this time, with the Village spending money to improve the appearance of 31" Street, 22nd Street, Jorie Blvd., now is the time for the Village to reassess its attitude towards these types of operations. The Sports Core facilities are being used and they have adequate paved parking and is better maintained landscape. Now is the time for the Village to reconsider what it should expect from a corporate citizen, such as McDonald's as far as maintenance on a 30- acre parcel of property. Mr. Tomei responded that as part of their license agreement the Hawks maintains the facility. Their annual field budget is $60,000. They have fertilizer on the grounds at least 6 times per year; at $2,000 apiece. With the exception of this week (due to rain), it is mowed weekly. Unlike the Sports Core, they have 60+ garbage cans on the ground, so with the exception of the wind, they have less trash than the Sports Core. They work very diligently at manicuring the land, because it affects their appearance and that of McDonald's. It is being maintained to the fullest extent and he believes that over the last 4 years there has been a dramatic improvement from the field grass that existed before. They continue to keep it up and have put flowers and have landscaped around the sign that was put up on the main entrance. Over the last year, McDonald's improved and put up a wood barrier around the parking lot that is very nice and adds clean lines. There have been quite a bit of improvements to the land including the sprinkler system, so they can water the fields as needed. In the pre - August 2003, we were in a drought and it would just dry up and nothing would be done to it; it was kept raw. Now, it is as good as any park district facility for soccer around and they are proud of that. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 13 August 20, 2007 .01_� Samuel Girgis, resident said that he appreciates the Commission listening to the presentation and that 3 of his 4 children play soccer. Many families they know have kids who love the game and the Hawks is making the difference between the kids being involved in athletics or not involved. There were a couple of other local teams that were turned into regional teams, so a lot of the kids that really want to be involved in sports are not given the opportunity anymore. The Hawks are affording many children the opportunity to do so (from grammar school through high school). They are an excellent organization. They have been involved in other soccer clubs, but the Hawks are the local team for Oak Brook and the surrounding community. It is an excellent opportunity for Oak Brook to show its generosity and allowing the Hawks to use the field for soccer. He would encourage everyone to do anything as a Village to help the children of the area. Member Sharma said that she was a little concerned about the garbage cans that are spread out over the field. Aesthetically they do not look that great. They are all red in color and there are so many, which are spread out every few feet. They are nothing like the ones that the Park District has, which are green and blend in with the landscape. She asked if anything could be done about them. Mr. Tomei responded that on every field and every mid -field there are at least 2 garbage cans because they did not want anyone to go very far without a garbage can, so they have been strategically situated. Ace Hardware donated the cans for the Hawks use. If the Village would require that they change them, they would do everything that they could to accommodate it. However, the nice thing about them, is that they are all weighted, strapped, so that if they blow over in a storm, there is not garbage everywhere. Since they are bright red, people see them at put the trash in. The tough part is that they did not want to blend them in. They wanted it to be dominant so that people would use them; which is why there are so many strategically placed. They do not want the kids to walk too far, to where there is a garbage can. Chairwoman Payovich asked when the season closed. Mr. Tomei responded that there are two seasons. The spring season games are from April and usually end in mid -June. They go into summer and have some summer camps during the day. Fall season begins just after Labor Day and ends in mid - November. They can trade games and try to move them up so that the kids do not have to play in November. The littlest kids are usually out of there by November ls` By the end of November, they pack up all the equipment and garbage cans and are out. For about 5 months, the site is completely vacant. The storage building would help them to house some of the little stuff, but the goals are disassembled and stacked neatly at the back end of the fields; similar to what is VILLAGE OF OAK BROOD Regular Plan Commission Minutes Page 5 of 13 August 20, 2007 done at the Sports Core. Member Iyer questioned the comments made by the Village Engineer and asked if they had been addressed. Mr. Tomei responded that they have addressed all of the Engineers issues to the best of their ability, with the exception of the interpretation of the parcel. The land is 34 acres. In the current codes, there is a 25,000 square foot limitation of any development. A development could be a parking lot or a building. They have scheduled a meeting with the County to discuss building the west side parking lot because its construction would put them over the 25,000 square foot threshold. The Village's Board could vote and they would not have to go to the County. Their argument is that the property is so huge that maybe a normal commercial development of 3 -5 acres would have a 25,000 square foot limitation, but on 34 acres, they are using less than 3 percent of the footprint. They are trying to do what is acceptable to the Village to follow up with the County specifically. They are seeking approval subject to Engineering approval. Member Iyer questioned Village Engineer Durfey. Village Engineer Durfey said that in his memorandum there is nothing major, except for the possible detention problem, which will be discussed with the County on September 5, 2007. Member Lalmalani asked what happens with their agreement with McDonald's in 2 years. Mr. Tomei responded that they meet with McDonald's every two years, approximately 6 months in advance of the lease expiration to review any open items. There is a notice clause that allows them to renew the lease for another 2 years, which was just renewed in August. They are very happy and appreciative that McDonald's lets the Hawks use the land and are not comfortable in a contract that was longer than 2 years. Director of Community Development Kallien said that the major issue is reconciling the stormwater management because that would allow the west side parking lot and the shelter. The rest of the items, really are enhancements to what had been previously approved. The Zoning Board of Appeals is the Oversight Committee and they are going to the Zoning Board because they need to seek variations to requirements related to the parking lot. Village Engineer Durfey said that in the past the Plan Commission has typically conditionally approved things. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 13 August 20, 2007 Trustee Wolin said that he agreed that the matter could be approved with conditions. He would not encourage the Village to override the County approval on the stormwater issues and that the requirements would have to be met. He did think that Mr. Lindeman raised a good point about beautification of the area. He appreciated the fact that it is a temporary arrangement and the organization has limited funds. He would not want to make it mandatory for anyone to spend a lot of money on this site, but maybe the garbage cans could be painted green and would look a lot better than the red. It would be nice if additional flowers could be planted around the sign especially at the corner area. Signs are always an emotional subject in the Village, so anything that could be done to beautify it and make it as nice as possible. He certainly would not want McDonald's to spend a lot of money on vegetation for this site, especially since they don't know what they are going to do with it. Perhaps some trees could be planted along Jorie or Kensington with the thought that later, as they mature, they would add to the value of the property. It may or may not be practical and would not demand that McDonald's spend a lot of money on the site. Anything that could be done to beautify the site would help. Perhaps the Village as part of its beautification could look at it. Director of Community Development Kallien said that it could be a point that the Beautification Committee could discuss because there are a number of areas they would like to target and this could be one. Member Sharma said that she although 5 additional lights were requested, they were all for the east side parking lot and raised concerns over the lack of lighting over the proposed west side parking lot. Mr. Tomei responded that it is a good point, but that the west side parking lot is meant to alleviate congestion during the day. If it starts getting used a lot in the fall, they may have to add lighting. They want to keep their trash and facilities all in the middle, because then it could be managed. If it is far on the west side, it can get away from them a little more. Member Sharma said that she was concerned for the safety of the kids using the lot because it is quite a distance from the east parking lot, especially since the number of kids is doubling. Mr. Tomei said that where the lights are, covers 1,000 feet of ground to the west, and to the east where the lights will cover 400 feet. When it is dark, they will not be out there anyway. They will actually move the kids to the middle where the light is because they will not be able to illuminate the fields. They compress to the middle, so that when it is dark, they are less likely to go that far west. They would probably have to come back and raise the money for the west side. So far, they have not needed it. Four nights a week, they go to Veck in Hinsdale, which is lit. They have made an arrangement and are working through to use the baseball diamonds over at VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 7 of 13 August 20, 2007 1;?Ze the Park District for the kids to play. The new light posts will more than solve the problem today, but of they grow to 700 -800 kids then they will need to come back to the Village. Director of Community Development Kallien said that if there is additional lighting contemplated they would require .5 candlelight at the property line, they would have to be shielded and would require an automatic shut off. Mr. Tomei said that the existing system is hardwired, so that they already shut off automatically. The current lights are only 25 feet high, and may reduce it to 20 feet. Unlike the Park District lights that are 40 -50 feet, these are closer to the ground and with property glare protection, and when they shut off, they have to be manually turned back on. They are off the fields by 8:00 -8:30. It is a club, these are their kids, and they want them out of there and home before 9:00. Mr. Tomei asked that the Plan Commission to allow them to keep going to work on improvements by the end of the season and they will be working on the stormwater Village Engineer Durfey noted that nothing depends upon the County. Oak Brook is a full waiver community and issues its own permits. They are meeting with the County to get a proper interpretation of Code so that the Village does not do something wrong, so that they would remove the full waiver status. 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 the requested site improvements as requested subject to the following conditions: 1. The development shall be in substantial conformance with the plans as submitted and revised. 2. The amended conditions of the special use to include the following: a. Expand the hours of operation to allow the soccer fields to be used Monday through Friday from 10:00 a.m. to 8:30 p.m., Saturday from 8:00 a.m. to 8:30 p.m., and on Sunday from 8:00 a.m. to 7:00 p.m. b. Revise the locations of the soccer fields. c. Addition of five properly shielded light standards to conform to village standards at time of building permit and provide details with respect to illumination and glare. All lights existing and proposed are to be properly shielded, not to exceed .5 -foot candles and are to have an automatic shut off installed to comply with the approved hours of operation. d. Construction of a shelter /garage in substantial conformance with the plans submitted and to comply with all Village Building Codes. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 8 of 13 August 20, 2007 eoRk e. Addition of a drinking fountain to comply with all Village Building Codes. f. Construction of a wood rebound wall. g. Construction of a five -foot (5') by six -foot (6') ground sign to be located near the corner of Kensington and Jorie Blvd. Flowers and landscaping are to be added around the sign. h. Construction of a second gravel parking lot located on the west side of the property that would be approximately 75 feet by 300 feet with a 50 -foot driveway, subject to the approval of the requested variations and stormwater management permit. i. Paint the garbage cans green. j. Best efforts to be made to improve the landscape with funds that are available. 3. Final Engineering approval. 4. All other provisions of Special Use Ordinance S -1050 are to remain in full force and effect. 5. 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: 4 — Members Iyer, Lalmalani, Sharma and Chairwoman Payovich Absent: 2 — Members Adrian and Tropinski Nays: 0 —None. Motion Carried. 5. B. EVERGREEN PRIVATE BANK — 1515 22nd STREET — TEXT EVERGREEN PRIVATE BANK AMENDMENT TO ADD BANKS AS A PERMITTED USE IN THE 0-3 ��x 22nd STR E ro DISTRICT ALLOW BANKS Director of Community Development Kallien provided an overview of the request. Banks are presently allowed in the ORA -1, ORA -2, B -2, B -3 and once the Village Board reconciles the special use issues for the Private Bank property on 16th Street they will be permitted in the B -1 District. At the present time, Evergreen Private Bank is located in the 1515 22nd Street building, which is the location of its corporate headquarters and they have a very small banking outlet located there. In discussion with the applicant, they want to expand their presence at that location. They have received approval of the building owner and felt that it would be appropriate to make them official and expand the permitted use to the 0-3 District. There will be a request for signage issues that will be before the Zoning Board of Appeals. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 9 of 13 August 20, 2007 la Paul Leake, Executive Vice President with Evergreen Private Bank, reviewed their request and history of the bank. The banking facility was opened in February /March of 2007 with the intent of having a retail banking operation in addition to housing executive offices for the bank and the holding company. They have about 2100 square feet in retail banking space and approximately 4400 in executive office space. It is their desire to be in compliance with the Ordinance and seeking to allow banks and financial institutions as a permitted use in the 0-3 District. When they opened the bank in Oak Brook, they wanted to offer upscale banking for those that live and work in Oak Brook. There are many banks throughout the Chicagoland area; and they felt that to be successful Oak Brook would be the place to do that. To differentiate themselves from other banks, they offer valet parking, a concierge, complimentary coffee and they want to give something back to the people of Oak Brook that they do not currently receive. In addition, they think that they have to get the word out that they are in that location, which is the one thing that they have found to be a challenge. They have been on television, in the Tribune, the local Doings, have done mailings, and sponsored the Oak Brook 5K this year•, in an attempt to let people know who they are and that, they are in the Oak Brook market. This request ties into another request for a variation for additional signage on the building. Currently there is a sign on the building, placed at the maximum, but have been faced with challenges in regard to the height of the sign. There are beautiful trees that line Route 83 and 22 °d Street, but they obscure the view of the sign. They have had several people make comments to them. They are before the Village because they want to be in compliance with the ordinance. The request is to add banks and financial institution with the thought going forward that they can better serve those in Oak Brook, by letting them know where they are and provide services that they are not getting in the market today. William Lindeman, resident of Oak Brook questioned whether the request for signage was before this board. Director of Community Development Kallien responded that the Zoning Board of Appeals would hear the sign variation request. Director of Community Development Kallien said that there are five buildings in Oak Brook that are zoned 0-3, the two towers at 1415 and 1515 22" d Street, the Marriott hotel and the two offices properties directly east of the hotel. The 0-3 District is very small ' and only exists on the south side of the Oak Brook Shopping Center and has very little opportunity to expand. Member Lalmalani questioned if there were banks in any of the other buildings. Director of Community Development Kallien responded that there are a couple of facilities. Fidelity Investments has some facilities in one of the office buildings and some other investment entities, but there are not financial institutions per se. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 10 of 13 August 20, 2007 -O�' Motion by Member Lalmalaiu, seconded by Member Iyer that the applicant addressed and satisfied the requirements for a text amendment to recommend approval of a text amendment to allow banks and financial institutions as a permitted use in the 0-3 District as requested. ROLL CALL VOTE: Ayes: 4 — Members Iyer, Lalmalani, Sharma and Chairwoman Payovich Absent: 2 -- Members Adrian and Tropinski Nays: 0 — None. Motion Carried. 5. C. GIBSONS STEAKHOUSE OAK BROOK LLC — VACANT LAND AT THE G113soNs STEAMOUSG - SOUTHEAST CORNER OF COMMERCE DRIVE AND SPRING ROAD — COWMERCE AMU SPRING SPECIAL USE — TO ALLOW OUTDOOR DINING ADJACENT TO A SPECIA - I'GCtAI, USE RESTAURANT OUTDOOR DCNING Director of Community Development Kallien provided an overview of the request. McDonald's retains ownership of the land that borders along on 22"d Street and north of the restaurant. On this lot, there is a detention pond and was always contemplated that at some point in the future all of the land could be developed, if properly designed. McDonald's has worked out an agreement to allow development of the northwestern corner as a Gibsons Steakhouse. Don Shapiro, Architect for the Gibsons restaurant, presented the request for outdoor dining adjacent to the restaurant. Today, outdoor dining is the norm for all restaurants and is enjoyed by many people. Gibsons has a special way of presenting that. The site has special amenities to make it work. It is a large piece of property, approximately 5Y2 acres bounded by 22nd Street, Spring, Commerce and McDonald's Drive. It is currently occupied by a McDonald's restaurant, parking and water detention. The site they are proposing to build on is currently a detention area. One of the amenities they are able to accommodate is an increase in the setback on Spring Road, which is normally 50 feet. McDonald's asked that they move the building setback further in order to be aligned with the McDonald's restaurant building. In the increased setback area, they are making use of it as a special architectural feature with outdoor seating. The area will be totally enclosed and provided within the building setback lines. Unlike most outdoor dining uses that come before the Village, they will not be located within the public way on a street or sidewalk. It will be located within the building line and will be protected by extensive landscaping, a water feature and other outdoor amenities. They are trying to create a feeling and buffer between the traffic and shopping center parking by creating a landscape barrier along Spring Road. Similar to what McDonald's did along Spring, where they added a berm to create a shield along the drive- through area. They plan to berm it up to conceal the outdoor seating area. They will use a landscape and waterfall feature for all of the outdoor seating area. The area circumvents the perimeter of the building and is protected by both the landscaping, VILLAGE OF OAK BROOK. Regular Plan Commission Minutes Page 11 of 13 August 20, 2007 PTIP�W; landscape wall, soft and hard landscaping, fencing so that it is secured and is totally controlled from within the restaurant. They believe it would be an enhancement to the community and Gibsons is a great dining experience in Chicago that they are brining out to Oak Brook. Director of Community Development Kallien said that the property is zoned ORA -2 and is allowed all of the permitted uses in the B -2 district. The only request is they are seeking a special use for is the outdoor dining feature. This request is different from many of the other requests, because other areas are usually adjacent to a parking lot, roadway or other interaction with vehicles. The outdoor dining requested is truly separated and protected from the vehicles and the applicant has done a nice job utilizing the water feature. Mr. Shapiro reviewed the plans. Along Spring Road, the land is depressed and is pretty much a detention basin. They are proposing to put the parking lot above the detention basin and maintain the stormwater detention as it is today. Their intent was to buffer the vision of Spring Road and the shopping center parking lot by raising and landscaping a berm and creating little pools on the top that would create waterfalls to a lower level pond that would have sound that would also cushion the traffic noise. There will be an extensive amount of landscaping, that is natural looking, and they do not want it to look as though it was contrived like Disneyland. They want it to feel very natural. They are working closely with the landscape architect and the owner to select materials that are very natural looking to this part of the country, and to the type of environment that they want to create. The water feature will front on outdoor dining area, but will also be protected by additional landscaping feature that will buffer and protect patrons from accidentally falling in or getting splashed. The pond will only be about one -foot deep. Patrons will enjoy the visual waterfall, the sounds and the landscaping. The outdoor dining area is accessed from the restaurant and is a seasonal use. It will also provide a large number of the patrons from within the restaurant to view and enjoy the outdoor landscaping and amenities that will be provided. Member Lalmalani questioned the indoor capacity of the restaurant. Mr. Shapiro responded that the code allows 15 square feel, per person and the bar area is a little higher, the actual number that could legally occupy the restaurant, if built to the full scale of 13,000 square feet, would allow for approximately 600 seats, however, the restaurant could be built slightly smaller. Member Lalmalani questioned whether the Village Engineer's comments regarding the stormwater management had been resolved. Mr. Shapiro responded that it has not totally been resolved, but they believe that it works and have been exchanging information with the Village Engineer. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 12 of 13 August 20, 2007 31 7 Village Engineer Durfey responded that it is under review. Director of Community Development Kallien said that the stormwater issues would have to be reconciled, or they would not be issued a building permit. Motion by Member Iyer, seconded by Member Lalmalani that the applicant addressed and satisfied the requirements for a special use to recommend approval of the outdoor dining area on the west side of the restaurant as requested subject to the following conditions: 1. Development is to be in substantial conformance with the approved plans including the location, size, design and operational guidelines for the outdoor dining area. 2. Maximum 208 seating capacity for the outdoor dining area. 3. Patrons will be protected from the vehicles along Spring Road by a landscaped berm and water feature. 4. Final Engineering approval. 5. Compliance with all stormwater management requirements 6. 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: 4 — Members Iyer, Lalmalani, Sharma and Chairwoman Payovich Absent: 2 — Members Adrian and Tropinski Nays: 0 —None. Motion Carried. OTHER BUSINESS There was no other business to discuss. ,ADJOURNMENT: Motion by Member Iyer, seconded by Member Lalmalani to adjourn the meeting at 8:51 p.m. VOICE VOTE: Motion carried. ATTEST:.. Robert Kallien, Dir for ommunity Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 13 of 13 August 20, 2007 OTHER BUSINESS ADJOURNMENT