Loading...
Minutes - 02/05/2008 - Zoning Board of Appeals1. FA 3. if 5. MINUTES OF THE FEBRUARY 5, 2008 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MARCH 5, 2008 CALL TO ORDER: CALL To ORDER The Meeting of the Zoning Board of Appeals was called to order by Chairman Champ Davis in the Samuel E. Dean Board Room of the Butler Government Center at 7:31 p.m. ROLL CALL: Rom. CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Richard Ascher, Jeffrey Bulin, Glenn Krietsch, Baker Nimry and Steven Young IN ATTENDANCE: Robert Kallien, Jr., Director of Community Development APPROVAL OF MINUTES: MINUTES REGULAR. ZONING BOARD OF APPEALS MEETING OF DECEMBER 4 2007 Motion by Member Krietsch, seconded by Member Young to approve the minutes of the December 4, 2007 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried UNFINISHED BUSINESS BUUSINIS i3INESS There was no unfinished business to discuss. NEW BUSINESS NEW BUSINESS A GIBSONS STEAKHOUSE OAK BROOK LLC — VACANT LAND AT GIBSONS s'rEAKHOUSE THE SOUTHEAST CORNER OF COMMERCE DRIVE AND SPRING CORNER of ROAD - SPECIAL USE TO ALLOW OUTDOOR DINING ADJACENT COMMERCE DR SPRING ROAD TO A RESTAC JRANT SPECIAL USE OUTDOOR DINING Chainnan Davis swore in all parties that would provide testimony. Donald Shapiro, Shapiro Associates, Architect for the petitioner, Glbsons Restaurant reviewed and presented the request for outdoor dining adjacent to the restaurant. He reviewed a plat of the site, which is located on the southeast VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page I of 8 February 5, 2008 I;z- - SE, and corner of Commerce Drive and Spring Road. McDonald's Corporation owns the property. The site has special amenities to make it work. It is a large piece of property, approximately 5' /s acres bounded by 22nd Street, Spring Road, Commerce and McDonald's Drive, A McDonald's restaurant, parking and a water detention area currently occupy the large site. On this portion of the site they are proposing to build has a detention area. Preliminary calculations have been done and they believe that there is sufficient area to maintain the existing detention and fill a portion of the site to construct the restaurant. It is a traditional Gibsons restaurant and is approximately 12,000 square feet. They are seeking a special use for outdoor seating. In today's restaurant business, outdoor dining is the norm for all restaurants and is enjoyed by many people. They are attempting to create an environment, which not only would entice people to come to the restaurant, but also makes the outdoor space as well as some of the features of the site usable. One of the amenities they are able to accommodate is an increase in the setback on Spring Road, which is normally 50 feet to approximately 80 feet. McDonald's asked that they move the building setback further in order to be aligned with the McDonald's restaurant building south of the property. In the increased setback area, they plan to take advantage of the natural topography of the site with outdoor seating and a landscape and water feature. They are trying to create a feeling and buffer between the traffic and shopping center parking by creating a landscape barrier along Spring Road so that people will feel like they are in a special place. The renderings in the case file illustrate what they are going to try to achieve. The outside of the building has extensive windows, which opens up to a porch like area for the outdoor seating that will be located within the building footprint. Unlike most outdoor dining uses that come before the Village, they will not be located within the public way, on a street or sidewalk. They plan to bean it to conceal the outdoor seating area. The area will be totally enclosed and protected from vehicles by extensive landscaping, a water feature, fencing and other outdoor amenities so that it is secured and totally controlled from within the restaurant. It will be secured both from traffic and will keep people from wandering in and out. The seasonal use can be extended in early spring and late fall with outdoor heaters. The sounds from the waterfall will help to muffle some of the background noises from traffic in the area and create a special environment with greenery and fountains. They may have more outdoor seating than other outdoor dining requests have had, however this will be contained totally within the buildable area of the building. Chairman Davis questioned how it was determined that the request would be for 208 seats and whether that impacts the overall seating for the restaurant. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 8 February 5, 2008 I; 7-X1 Mr. Shapiro responded that if the restaurant would be built to its full extent of 12,000- 13,000 square feet, there could be as many as 600 seats within restaurant. The outdoor seating number would be separate from that. The 208 outdoor seats are based on the village's building ordinance indoor seating requirement that allows 15 square feet per person and that requirement was applied to the outdoor seating. Mr. Shapiro reported that the Plan Commission unanimously approved the request subject to certain conditions. Chairman Davis noted that the Plan Commission recommendation for approval with conditions was included in the case file. He asked if an approximate time had been set for the planned opening of the restaurant. Mr. Shapiro responded that it would be in approximately one year. Chairman Davis noted that the previous request included variations for parking, but that had been withdrawn and is not before the Zoning Board of Appeals. Special Use Standards 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location. RESPONSE: The requested special use facilitates the public convenience by providing the opportunity for dining in an open -air environment. Today's restaurant clientele demands the option of outdoor seating. This use is provided almost exclusively in every sit -down restaurant in the immediate and surrounding areas. 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; RESPONSE: The improvements are being constructed in a fashion to protect diners along with the general well being of the public with landscaping, fencing and barriers to protect the patrons from the traffic. Since the outdoor seating is not in the public way and actually located within the allowed building line, the location is far from having that problem. They have also provided hard and soft buffers to ensure the protection of the public. Access to the outdoor dining area will only be through the restaurant. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 8 February S, 2008 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. RESPONSE: The subject property will be improved with a water feature and additional landscaping that should have a positive impact on the value of other properties in the area. The owners of Gibsons are going to be making a substantial investment in the water feature and the outdoor dining area and they believe it will have a strong impact on the neighborhood and will compliment the McDonald's restaurant located to the south. Chairman Davis noted that most outdoor dining areas approved are located adjacent to a roadway; however, this one is not because of the large buffer area. He asked if it was their belief that the berm and water feature would sufficiently buffer the public along Spring Road. Mr. Shapiro responded that it would be quite sufficient. He noted that the fencing would be located with landscaping along the private road that enters into the service end of the site and it wraps around the outdoor seating area. The same feature exists on the exit side with a secured gate. Chairman Davis questioned the parking area. Mr. Shapiro responded that the parking is entirely valet parking that is available whenever the restaurant is open. The parking shown in the front will be used as a staging area for the elderly and handicapped and for bringing cars in and out. Member Ascher questioned that there was a lot of water detention on the site. Mr. Shapiro responded that it is a large area and is not fully utilized for detention. They are allowed to fill in a portion of the site and still maintain the required volume of water. Preliminary calculations were submitted to the Village Engineer for review and approval; and will be finalized before they can move forward with construction. The land is vacant and rarely has water in it. The proposed restaurant would be a substantial improvement to the site and would enhance the property on the corner. Chairman Davis noted that final engineering approval would be required for construction. Mr. Shapiro said that their original submittal was to place a parking deck on top of the detention area. There were some issues, so the plans were revised. The calculations were changed and the request for the parking was withdrawn. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 8 February S, 2008 Chairman Davis questioned that the parking would be a shared arrangement with the bank and McDonald's. Mr. Shapiro responded that there is a parking lot with approximately 60 -70 spaces located directly east of the restaurant that McDonald's would allow the restaurant to use during the evening hours after 5:00 p.m., which is when Gibsons does approximately 90% of its business. They have leased approximately 150 parking spaces directly north of the site at Commerce Plaza. They will have in excess of 200 parking spaces and they are required to provide approximately 120 spaces. They are providing much more parking than what is required. Parking is going to be provided as valet, so patrons will not be walking over. Chairman Davis asked if sufficient parking would be provided during the lunch hours. Mr. Shapiro said that the parking spaces at Commerce Plaza would be available during the lunch hours. Based on Gibsons' records, they only do approximately 10 percent or less of their business during the lunch hour. They do not expect it to come close to using up the available parking. Director of Community Development Kallien said that there is an expectation, with the density of some of the office buildings in the area, there will be people that will walk to the restaurant during the lunch hours. Member Nimry said that the recording of the shared parking agreement as suggested by staff should be included as a condition of approval. Member Nimry also noted that although a ground sign was shown on the plans, it would not be approved as part of this request. Director of Community Development Kallien said that the signage shown would be required under a separate permit and they are not approved as part of the special use request. Mr. Shapiro confirmed that they are not seeking sign approval; they are still working out the details for the signs. Member Nimry questioned whether the landscaping proposed for this development would meet the requirements being sought as part of the beautification plan for the Village. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 8 February 5, 2008 Director of Community Development Kallien responded that what is proposed is a very nice enhancement. It would be landscaped to such a degree that the village might not need to add any additional landscaping in that area. Mr. Shapiro said that they would also be willing to work with any plan that the village may have. Member Krietsch questioned the status of the traffic study and asked if staff would approve it. Director of Community Development Kallien responded that prior to permit approval it would be approved by the Village Engineer. Director of Community Development Kallien said that this parking arrangement is probably the first time, in the village's history that permitted a restaurant that would entirely provide a valet service. As part of the building permit process, the village would require a review of the valet plan so that that staff would feel comfortable that the plan would work. They would want to detennine that there would be enough valet staff to keep up with the demand. Member Nimry questioned the possibility of people parking at McDonald's and walking over to the restaurant. Tom Jednorowicz, Gibsons Restaurant Group responded that the McDonald's lot to the east is only accessible after 5:00 p.m, and on the weekends. He did not see a reason why a customer after 5:00 p.m. could not park on the lot and walk over to the restaurant. Thing are being geared so that every parking need could be taken care of via valet, which is very similar to both of the other Gibsons restaurants, including the one in Rosemont. The traffic study was done Irom the Rosemont location as a test point. Director of Community Development Kallien said that if someone was shopping at the Oakbrook Center and walked over to the restaurant, there would be no way to police that; and it will happen. Member Young agreed that a traffic study should be done. He noted the absence of McDonald's security and would like to see a commitment from McDonald's that if someone would park in its lot during the afternoon that a big orange security sticker would not be placed on the windshield. He also questioned if adequate turn around space has been provided for the fire trucks and equipment. VILLAGE OF OAK BROOD Zoning Board of Appeals Minutes Page 6 of 8 February 5, 2008 Mr. Shapiro said that it meets all the standards for the driveways and turning radius as required by the village ordinance. Mr. Jednorowicz said that the onus is on Gibsons to ensure that its customers are not parking on the McDonald's property. There will be some additional signage in the parking lot. Member Young questioned whether there were any plans in the future for walkways across the detention area. Mr. Shapiro said that there is none. He did not believe it would be possible to do because the detention area is required to be grassy for absorption. However, there is an existing bicycle path around the site. Member Krietsch questioned whether the fountain area could be accessed from the sidewalk along the west side of the site. Mr. Shapiro responded that the goal is to provide a heavily landscaped berm to make it difficult for someone to go through it. If someone would want to fight their way through it, and then climb down the rocks into the water, they plight be able to. Member Krietsch commented that it appears it would be physically challenging, but not secured. He asked how deep the water would be in the pond. Mr. Shapiro responded that the water would be about one foot deep. Motion by Member Bulin, seconded by Member Young to recommend approval of the special use as requested and to allow an outdoor dining area to be located adjacent to the proposed Gibsons Steakhouse restaurant, 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 (Petitioners tab 2.d and pages 29, 31 and 33 of the case file). Signage is not included. 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. Compliance with all stormwater management requirements. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 8 February 5, 2008 6. 7. 5. The shared parking agreements with McDonald's and the Commerce Plaza buildings are to be recorded as a condition of obtaining building permits for the construction of the Gibsons restaurant. 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: 6 -- Members Ascher, Bulin, I<rietsch, Nimry, Young and Chairman .Davis Nays: 0 — Motion Carried. OTHER BUSINESS There was a brief discussion on the status of the Commercial Areas Revitalization Plan, which would not be reviewed by the Zoning Board of Appeals. When approved, it may trigger amendments to the Zoning Ordinance, which would be reviewed by the Zoning Board of Appeals. There was no other business to discuss. ADJOURNMENT: Motion by Member Young, seconded by Member Bulin to adjourn the meeting at 8:08 p.m. VOICE VOTE: Motion carried. ATTEST; Robert Kallien, Dirq6tor of CAmmunity Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 8 February 5, 2008 OTHER BUSINESS ADJOURNMENT