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Minutes - 10/19/2009 - Plan CommissionMINUTES OF THE OCTOBER 19, 2009 REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON FEBRUARY 15, 2010 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 7:32 p.m. 2. ROLL CALL: ROLLCALL Gail Polanek called the roll with the following persons PRESENT: Chairwoman, Barbara Payovich, Members Richard Knitter, Gopal Lalmalani, Mintu Sharma, Vivek Singhal and Marcia Tropinski ABSENT: Member Raju Iyer IN ATTENDANCE: Robert Kallien Jr., Director of Community Development and Michael Hullihan, Village Engineer/Public Works Director 3. APPROVAL OF MINUTES: MINUTES REGULAR MEETING OF THE PLAN COMMISSION OF JULY 20, 2009 Motion by Member Lalmalani, seconded by Member Knitter to approve the minutes of the July 20, 2009 Regular Plan Commission meeting as written. VOICE VOTE: Motion Carried. REGULAR MEETING OF THE PLAN COMMISSION OF AUGUST 17,200 Motion by Member Lalmalani, seconded by Member Knitter to approve the minutes of the August 17, 2009 Regular Plan Commission meeting as written. VOICE VOTE: Motion Carried. REGULAR MEETING OF THE PLAN COMMISSION OF SEPTEMBER 21. 2009 Motion by Member Knitter, seconded by Member Lalmalani to approve the minutes of the September 21, 2009 Regular Plan Commission meeting as amended. VOICE VOTE: Motion Carved. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS A. YORK ROAD DEVELOPMENT PARTNERS LLC — 1800, 1802, and 1806 YORK ROAD DEVEL.- 1800, YORK ROAD — MAP AMENDMENT TO REZONED THE PROPERTY 1802, 1806 YORK RD — MAP an d VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 10 October 19, 2009 FROM R -3 to 0-4, AMENDMENT TO ADD "MEDICAL OFFICES" AMENDMENT - IN THE 0-4 DISTRICT• AND SPECIAL USE — TO ALLOW THE SPECIAL USE - CONSTRUCTION OF A MEDICAL OFFICE ON THE PROPERTY MEDICAL OFFICE BLDG Director of Community Development Kallien briefly reviewed the status of the request. Mark Maturo — Proteus Group, Project Architect, provided an overhead display of the project and reviewed the following: • The Structure will be a 3 -story glass and masonry building. • Access will be through the frontage road. Two levels of underground parking and surface parking. A new section of berming (reviewed below) Craig Farnsworth — Hitchcock Design Group, Landscape Architect reviewed the landscape plan depicting a cross section of the building, including the 4 -foot high earth berm and York Road. (The four feet was measured from the parking lot grade.) There will be a mixture of shade trees and deciduous shrubs so that the people across the street from York Road or the bike path would not see the front of the cars, just the building above the berm. Mike Rechtorik — V3 Companies, Project Traffic Engineer provided an overview of the area. York Road currently has two lanes in each direction adjacent to the site. The site is surrounded by I -88 and Roosevelt Road to the north. There are two frontage roads (Timber Edge Drive and Harger Road) to the west of York Road, which provides access to the local area. He noted that the Village has a future improvement plan to widen York Road from I -88 north to Roosevelt Road, however a timeline for funding has not been yet identified and it is a long -term improvement. Their study focused on the traffic impact as it relates to this project as well as developing an interim improvement for York Road. The updated traffic study had been submitted to staff for review and included trip generation and future anticipated traffic improvements. A York Road concept plan was worked on with Irgens, V3, Village staff and the Village's consultant, who worked together to figure out the best interim solution to accommodate everyone's needs, which included northbound and southbound exclusive turn lanes. With some timing modifications, what has been proposed would be a good interim solution. Harry Peters, 808 Wildwood Court, and President of the Forest Glen Homeowner's Association said that as a 20 -year resident, he has relatives that still cannot figure out the jug handle intersection at Forest Glen. He believed that the proposed turn lanes would be an outstanding improvement. He worked closely with the Village on the Commercial Areas Revitalization Plan, the Beautification Committee, and the North York Road Improvement Project. The applicant involved him and the Forest Glen subdivision in the plans and applauded Village Staff and those entities that are VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 10 October 19, 2009 interested in doing development work along York Road. Last spring, Irgens came to Bob Kallien, who put them in touch with Forest Glen and Woodside Estate subdivisions. The developer attended two of the homeowner subdivision meetings and explained what they wanted to do and listened to all of the feedback from residents. The highest and best use has been proposed and it is a good use of the land. He could not imagine anyone who would want to put a home on the property. Their homeowner association board discussed it and is in agreement to support the project, as they know it. They believe it will be good for them and for Oak Brook. William Woodward said that he represented his in -laws who live at 606 Lakewood Court. He thanked everyone for their efforts and said that the plans look promising. He questioned whether there would be signage added for traffic control. Mr. Rechtorik responded that appropriate signage would be added. The jug handle would serve a dual purpose for people making a u -turn and those wishing to access the Irgen's site. Mr. Woodward questioned the distance between the bump out and the jug handle. Mr. Rechtorik responded that it would be approximately 75 feet. Director of Community Development Kallien commented that through discussions with the Village consultant during the Commercial Areas Revitalization plan, the proposed use on this property makes sense, in light of the development south and north of the property. Also, a negative situation that currently exists on York Road would be addressed. Member Sharma questioned the timing of the improvements on York Road with the construction of the building. Director of Community Development Kallien responded that the long -term plan for York Road is extremely expensive. This project dwarfs the cost of the current project of the I -88 bridge over 2Vd Street. It would take many years to secure the necessary funding, if ever, and may need to be done piecemeal. The developer is committed to making the improvements shown. Village Engineer/Director of Public Works Hullihan said that the important thing with the proposed improvements is that they would not impact any future plans for the project area north on York Road, which means that the design would not need to be changed, should the long -term plan go forward in the future. Mr. Oldenburg noted that they started discussions on a development agreement with the Village, which would memorialize not only the overall scope of the concept plan improvements, but the cost, cost sharing and schedule and that document would memorialize all of the terms associated with the York Road improvements. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 10 October 19, 2009 Director of Community Development Kallien said the agreement would be between the developers and the Village Board. Member Knitter questioned that the developer would be covering 100 percent of the costs for the left hand turn lanes and whether any land would be taken to provide for the improvements. Mr. Oldenburg responded that they did not know for sure, but they had expressed a desire and interest to. pay for a significant portion of those costs. The interim improvements are an expensive venture and would ultimately require Village Board approval. They are proposing to widen both sides of York Road; however, all of that land is currently in the right of way. Member Knitter questioned the changes on the elevation drawings. Mr. Maturo responded that there were not any changes; just more detail had been provided showing the elevation. Village Engineer/Director of Public Works Hullihan responded that staff had requested a cross - section, which depicted and focused on the berm adjacent to York Road in order to show the screening for the vehicles in the parking lot. Mr. Oldenburg stressed that it was a concept plan and as they go further into the process, certain elements of the building may be subject to change, depending upon additional comments. Member Lalmalani questioned the number of physician offices and whether Elmhurst Hospital had a financial interest in the building. Mr: Oldenburg responded that the number of offices would be determined by the size of the office space desired by each physician. The proposed building has no affiliation with any of the area hospitals and it was not anticipated at this time that any hospital would be leasing space within the building. Mr. Woodward asked whether the improvements on York Road would be permanent, regardless of the planned future improvements to York Road. Mr. Oldenburg responded that most of the physical improvements to York Road were anticipated to be permanent. Member Knitter confirmed for the record that he viewed, in its entirety, the video of the previous Plan Commission hearing on July 20, 2009, regarding the York Road Development Partners, LLC request. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 10 October 19, 2009 Motion by Member Knitter, seconded by Member Lahnalani to recommend approval of a map amendment to rezone the properties located at 1800, 1802 and 1806 York Road from R -3 to the 0-4 District as requested. ROLL CALL VOTE: Ayes: 6 — Members Knitter, Lalmalani, Sharma, Singhal, Tropinski and Chairwoman Payovich Absent:1 — Member Iyer. Nays: 0 — Motion Carried. Motion by Member Knitter, seconded by Member Singhal to recommend approval of a text amendment to Section 13 -10 -E2 of the Zoning Ordinance to include "medical offices" as a special use as requested. ROLL CALL VOTE: Ayes: 6 — Members Knitter, Lalmalani, Sharma, Singhal, Tropinski and Chairwoman Payovich Absent:l — Member. Iyer. Nays: 0 — Motion Carried. Motion by Member Knitter, seconded by Member Lahnalani to recommend approval of a special use to allow the construction of a medical office building to be located on the property known as 1800, 1802 and 1806 York Road subject to the following: 1. The issuance of a building permit to construct the office building is subject to the approval of a final plat to consolidate the parcels. 2. The medical office building will not contain a surgical center. ROLL CALL VOTE: Ayes: 6 — Members Knitter, Lalmalani, Sharma, Singhal, Tropinski and Chairwoman Payovich Absent:l — Member Iyer Nays: 0 — Motion Carried. Chairwoman Payovich called for a five - minute recess. 4, B NAI HIFFMAN NAI HIFFMAN ON BEHALF OF OAK BROOK PROMENADE. LLC — OAK BROOK TEXT AMENDMENT B DISTRICTS — TO AMEND SECTION 13 -7 -313 OF PROMENADE, TEXT AMEND - THE ZONING ORDINANCE TO INCLUDE: "FARMERS MARKETS" B DISTRICTS - "FARMERS MARKETS" John Brechin, Attorney for the applicant NAI Hif&nan, on behalf of the Oak Brook Promenade, LLC, responded to the issues raised at the last Plan Commission meeting and to the comments made by staff on page 10 of the case file, as follows (comments are bulleted): • Using the entire parking area east of the out - building would make the use of that building very difficult. Access is denied to the adjacent parking VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 10 October 19, 2009 spaces (handicapped and regular) that are on the cast side of the building. Response: Currently the Robbins Brothers space is vacant; so presently there is not a problem utilizing the parking south of the building and there is sufficient, reasonably convenient parking located just to the west of the site. If and when the space becomes occupied, there will be sufficient parking available. The proposed site plan shows the farmers market located right next to McCormick and Sbmick's, which is the exact area that the car show was held; and they did not have any complaints. The tenants enjoyed the fact that there were many people milling around the site, seeing the facilities and being attracted into the tenant spaces as additional customers. • Several operational questions need to be answered. Will the vendor spaces be permanent? Will the tent frames remain in this location for the entire season? If the tents/tent frames are to be set up and taken down for each event, what will be the timing? Where will these items be stored during off hours? Staff is very concerned that this area will degrade the Center if aesthetics are not continuously maintained. Response: The tents/frames will not be permanent and will be assembled at the beginning of the day and removed at the end of it. They will want to maintain an attractive site and have an obligation to the tenants to do so. They have porters available 12 hours each day. They anticipate engaging a promoter who will be responsible for managing all of the operational details of the vendors. The materials will not be stored on site and are planned to be taken off site. If anything would need to remain, there is an enclosed storage area in the underground parking area. There will not be any visible equipment, except when it is in use as a farmers market. • Why can't the Farmers Market/French Market be located to the rear of the center? Response: Management made the decision. They like the location, which is where the car shows were previously held because of its visibility. The centers u- shaped layout provides for good ingress and egress into and out of the property. However, they have the flexibility to move it to another location, if any problems should develop. • Does the DuPage County Health Department have any jurisdiction on these types of uses /activities? Response: The Health Department has jurisdiction over farmers markets. They would need to have their application approved and authorized in order to operate the farmers market. Fanners that sell fruits and vegetables do not need a permit, but if any processed food were sold they would be required to obtain individual food permits for the sale of those items. The Health Department inspects the operations periodically to ensure that all of their regulations are complied with. • What are the planned hours for these events? Many similar markets in VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 10 October 19, 2009 other locations operate for periods of not more than six hours. Response: They anticipate that the market would be open 6 hours per day, which would be sufficient and appropriate. The time may coincide with the operational hours of the other tenants. • The area along I -88 that has been identified as the site to park trucks is very questionable. Trucks should be relocated to areas where they are hidden from view from the adjacent roadways. Response: The area was picked so that they are out of conflict with other parking requirements. The underground parking area could be used depending upon the size and height of the trucks; and would be used if necessary. • What do your tenants think about this plan? I would think that some would object because it potentially detracts from their businesses. Several Promenade businesses (i.e., Kona Grill and Labriola) have outdoor dining areas that face the proposed location for this market. Response: The tenants want this type of activity. They enjoyed and appreciated the car shows, The tenants want the farmers market because they know it will bring additional people onto the site that might not otherwise come to the Promenade, independent of the activity. It is in large part being proposed in response to the tenant's requests. 2. When Section 13 -7 -313 was amended several years ago to accommodate the Macy's tent sale, one of the primary benefits to Oak Brook was that such event would enhance sales and result in increased sales tax collections by the Village. Response: Encouraging and promoting additional traffic at the center will also lead to additional revenue for the existing uses on the site. These tenants, as well as many other tenants across the country, have been suffering due to the current market trends. The previous car shows were held on Saturday or Sunday from 9 to 3 at the same location. All of the tenants were receptive and enthusiastic about the events. • Tent events (i.e., Macy's) run for a time period of approximately 14 days, while a Farmers Market/French Market event will run for an entire season. Staff is concerned that extensive time will be spent "monitoring" these events especially during non -work hours. How will Staff costs be covered? Response: They have a full time porter service with the responsibility to maintain the appearance and cleanliness of the site so that it stays pristine. Promenade management will be on site when they are operating and they will have written contractual agreements with the promoter to set forth standards that would go above and beyond what the ordinance may require. The longest potential time period may be from May to October. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 7 of 10 October 19, 2009 Cathy McMullin reviewed the site plan that indicated the location of the tents showing that they would be in a contained area that flowed with an entrance and exit. She identified the trash receptacles and available washroom facilities. Port-a- potties were not suggested because they found during the car shows that the tenants volunteered the use of their washroom facilities, which allowed people to venture further from the car shows into the retail area. There will not be semi-trucks;. typically the vendors use utility vans or flat bed trucks. The area indicated was chosen because not much parking used there. If there are vans, they could use the underground facility to keep them off the surface area. There are trees on the site along the outside perimeter that would partition the vehicles from sight. Member Lalmalani asked how the revenue would be monitored and documented? Ms. McMullin said that the promoter would have to register with the Village and a tally kept by the promoter. They also do not have control over the existing tenants to know that every transaction is recorded. Her understanding is that the operation is upfront. Mr. Brechin noted that the promoters would have comparables from other farmers markets so if there should be a significant variable from what is brought in from other locations; they can hold the vendor accountable to have a correct representation of what is sold. It is always in the promoter's best interest to make sure that it is accurate. Ms. McMullin said that she has been checking out promoters and in searching, she would use the fact that it could be a windfall for all, once the use has been approved, since there are no farmers markets currently located in Oak Brook. . Director of Community Development Kallien thanked the applicant for addressing all of his issues and concerns, which would also provide more information for the Zoning Board of Appeals and the Village Board. Member Lalmalani noted that Wheaton's farmers market does very well. Ms. McMullin said that they had been in contact with them, and are looking at alternate dates. The tenants are very happy that this would be going on in Oak Brook and at the Promenade. There will be time over the winter to work out the details with a promoter. Member Singhal asked if 4 would be on the weekend or weekday and how many vendors would be there. Ms. McMullin responded that it would most likely be on a weekday. They anticipate between 20 -40 tents, depending upon the promoter and the number of vendors. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 8 of 10 October 19, 2009 They also want to be able to control the traffic and flow. Member Knitter said that he would love to have a fanners market at the Promenade, but the information presented in the request is for a specific property and not all other B district properties. Mr. Brechin said that they would not have a problem making the request a special use, rather than a permitted use. They want to have the permissibility to have the farmers market in place by spring. Director of Community Development Kallien responded that the issue was that the request was for a very specific text amendment. As it moves forward, it could be recommended that the text be a special use instead of a permitted use. The special use could not be applied specifically to this property. In addition, there are legal notice requirements and they would need to apply for approval of a specific special use for this property. Mr. Brechin responded that they have time to apply for the special use. Member Sharma asked if stipulations could be added to the text amendment. Director of Community Development Kallien said that changes could be made to the text, but they did not have the right to approve a special use for the property as requested. If it is stipulated as a special use, the use could occur in other B districts, but they would need to apply for the special use. Member Knitter agreed that it would be a good idea. Member Lalmalani questioned whether there was a downside to making it a special use. Director of Community Development Kallien said that to make it a special use would provide the Village more control over the use. Motion by Member Knitter, seconded by Member Lalmalani to recommend approval of a text amendment to allow, "farmers markets" as a special use in the B Districts rather than as a permitted use as proposed. ROLL CALL VOTE: Ayes: 6 — Members Knitter, Lalmalani, Sharma, Singhal, Tropinski and Chairwoman Payovich Absent:l — Member Iyer Nays: 0 — Motion Carved. 5. NEW BUSINESS There was no new business to discuss. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 9 of 10 October 19, 2009 NEW BUSINESS 6. OTHER BUSINESS OTHER BUSINESS 7. A. REVIEW PLAN COMMISSION DISCUSSION ISSUES There was no other business to discuss. ADJOURNMENT: Motion by Member Tropinski, seconded by Member Singhal to adjourn the meeting at 9:04 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien, Direc or of mmunity Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 10 of 10 October 19, 2009 Plan Commission Discussion Issues ADJOURNMENT