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Minutes - 05/03/2005 - Zoning Board of AppealsMINUTES OF THE MAY 3, 2005 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MAY 31, 2005. 1. CALL TO ORDER: CALL TO ORDER The Regular 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 7:30 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Richard Ascher, George Mueller and Manu Shah. ABSENT: Member Steven Young IN ATTENDANCE: Director of Community Development, Robert Kallien, Jr. 3. APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF APRIL 5.2005 Motion by Member Shah, seconded by Member Mueller, to approve the minutes of the April 5, 2005 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS: UNFINISHED BUSINESS There was no unfinished business. 5. NEW BUSINESS NEW BUSINESS A. IL- COMMERCE PLAZA LLC — 2021 SPRING RD — TEXT IL- COMMERCE PLAZA LLC — 2021 AMENDMENT and SPECIAL USE — DRIVE -IN BANKING — TO SPRING RD —TEXT ALLOW DRIVE -IN BANKING FACILITIES IN THE ORA -2 DISTRICT AMENDMENT and SPECIAL USE - - TITLE 13 OF THE VILLAGE CODE — ZONING ORDINANCE DRIVE -IN BANKING - ORA -2 DISTRICT Chairman Davis swore in Alec Rubenstein, Senior Attorney, Equity Office Properties, Carla Hanson, Equity Office, Mark Utendorf, the Branch Manager for Commerce Plaza and Daniel Bleck the architect on the project. Mr. Rubenstein said that the petitioner, Illinois Commerce Plaza is a subsidiary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 8 May 3, 2005 of Equity Office, and the owner of the Commerce Plaza facility. They are seeking a text amendment to the ORA -2 zoning district to allow drive -in banking as a special use. They are also seeking a special use on behalf of its tenant National City Bank that would permit the actual construction and operation of the drive -in banking facility at 2021 Spring Road, located at the south portion of the Commerce Plaza complex. It will benefit their tenant National City Bank because they see a clear need and value in providing a drive -in banking facility at that location. The owner feels that a drive -in banking facility in this area is consistent with the uses and intended benefits of the ORA -2 District and is an immediate amenity to their tenants, many of whom would be glad to have such a facility, as well as others in general who are employed or located in the ORA -2 district. The Plan Commission was favorable to the request. One member of the Plan Commission made a specific suggestion of inquiry to have the applicant review the possibility of changing the approach to the drive -in banking facility; it was such that they would lose a few parking spaces but have a more direct approach to the facility. They have had the occasion to look at that suggestion in some detail and their position continues to be that it would be more favorable in terms of safety and in terms of the general traffic flow to maintain the approach as it exists now. Chairman Davis asked Mr. Bleck to provide an overview. Mr. Bleck said that the question raised by the Plan commission was the concern for the traffic flow. They studied it again and feel very confident that this is the better way to go. If they eliminated some traffic stalls, it makes it a more direct route and their intention is to make one jog, which is better than a speed bump. Halfway through the approach, the traffic as it approaches the staging area for the drive up will be interrupted with a right and a left turn, just twenty feet or so, but it is enough to slow down the traffic so it does not go too fast, so that someone cannot race up to the drive -up lane and go too fast. Once, they get to that point where there is a stop sign to wait, there is a pedestrian crossing located there, which was another concern of the Plan Commission. Once they get to that point there will be stop signs and the cross walk. The cross walk exists right now and will be more clearly marked. Together with that some signage has been added to clarify the flow to get to the bank. It is a very simple flow through the main entrance. You go halfway up and turn left and then you are in the stacking lanes for the drive up; and then they commence to the drive up lanes where the customer will wait until a lane clears and then they will proceed. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 8 May 3, 2005 Chairman Davis asked if there was an ATM at the bank and how long the bank has been at that location. Mr. Utendorf responded that there is an ATM in the lobby but it is located inside the doors. The bank has been there about 5 years. Chairman Davis asked why banking facilities were permitted in the ORA -2 district, but not drive -in banking facilities. Director of Community Development Kallien responded that the ORA -2 district is very small and no one has ever requested it. There is a drive -in located in the Oakbrook Center (B -2) at the Citibank. Chairman Davis asked if the Plan Commission had a specific suggestion. Mr. Bleck responded they just asked for it to be studied again, so they did. They also added some additional signage to help clarify things. He showed the members the parking spaces that were suggested to be removed and reviewed the revised plan, with the signage and the flow of traffic through the site. Chairman Davis asked what the service road was used for now. Ms. Hanson responded that currently the service drive is used by the UPS trucks and some smaller trucks. Big deliveries go to the loading dock area and now all the deliveries will be made at the loading dock area. Mr. Bleck reviewed the parking area and the stalls used for walk in traffic. There will be a walk up night depository. There will be an overhead canopy, 4 bays, 3 with live tellers, and 1 with an ATM. Member Ascher asked if the changes would meet all of the parking requirements for the complex. Director of Community Development Kallien said that the site has excess parking spaces. Its ratio is over 4, which seems to be the norm for the larger office complexes. There are basically no other retail uses on the site. Basically, it is office parking, where people come in and stay. If the use ever changes it may need to be reviewed. A condition could be made that if a restaurant use were proposed; it may need to be analyzed to see that there is not an issue. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 8 May 3, 2005 Text Amendment Chairman Davis asked that the zoning amendment factors be addressed. He noted that they were addressed in writing on page H in the case file. Mr. Rubenstein said that they believe the proposed text amendment meets each of the factors and addressed them as follows: (a) The character of the neighborhood. Response: The character will not be changed in any way by allowing a drive in banking facility. They believe that drive -in banking has become a way of accepted standard element of retail banking, which is permitted in the character of the neighborhood. (b) The extent to which property values are diminished by the particular zoning restriction. Response: They are the property owner for a significant portion of the area as a whole and it is their view that the property value will only be enhanced by having this amenity. (c) The extent to which the removal of the existing limitations would depreciate the value of to other property in the area. Response: These facilities will be a benefit to the property in the area because tenants of the facilities like to have drive -in banking facilities. They will not cause added traffic congestion. They will provide a valuable amenity which makes the property more appealing. (d) The suitability of the property for the zoned purposes. Response: The proposed use is suitable for the area in the way it has been designed. (e) The existing uses and zoning of nearby property. Response: The existing uses and zoning of the nearby property is not contrary to the proposed use in any way. The length of time under the existing zoning that the property has remained unimproved, considered in the context of land development. (f) The length of time under the existing zoning that the property has remained unimproved considered in the context of land development. Response: This is not a relevant factor (g) The relative gain to the public as compare to the hardship imposed on the individual property owner. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 8 May 3, 2005 Response: They believe there will be a clear benefit to all by having these facilities available. (h) The extent to which the proposal promotes the health, safety, morals or general welfare of the public. Response: They believe as designed it promotes the health, safety and welfare and creates a public convenience for the people in the district. (i) The relationship of the proposed use to the Comprehensive Plan. Response: The Comprehensive Plan specifically includes services and amenities related to office use, which is permitted in this area. This would be considered one of those services and amenities. 0) The community need for the use proposed by the property owner. Response: They think their tenant National City Bank reflects it. They know their tenants will use these facilities. There is a clear need that people who do banking like to do it this way. This allows them to offer that to people in the area. Chairman Davis said that it appears the petitioner has sufficiently addressed the factors that are needed to be satisfied in order to recommend the text amendment. Motion by Member Ascher, seconded by Member Shah to recommend approval of the text amendment as requested. ROLL CALL VOTE: Ayes: 4 - Member Ascher, Mueller, Shah and Chairman Davis Nays: 0 - Absent: 1 - Member Young. Motion Carried Special Use Mr. Rubenstein said that Mr. Bleck had spoken with some detail as to the specific configuration of the special use they are proposing and why they believe it should be acceptable and desirable. They believe that it is supported because it is necessary for the public convenience at this location. Drive through banking facilities have clearly become something that employees of commercial establishments and in general, residents in the suburban areas expect as a normal convenience of their life. This special use will provide that. Many tenants of their facilities as well as other facilities will find this as a convenience and a simple way to go about their banking activities. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 8 May 3, 2005 Chairman Davis asked that the special use standards be addressed. Mr. Rubenstein addressed the special use standards as follows: (1) Is of the type described in subsection Al of the special use section, is deemed necessary for the public convenience at that location. Response: The proposed special use for a drive in banking facility to be located at and adjacent to the 2021 Spring Road building will clearly contribute to public convenience at the specified location and in the area generally. It will provide the many employees visitors and other at and near the facility with a convenient banking option where few presently exist. (2) Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected. Response: They reviewed the plan with the Plan Commission and with the Director of Community Development Kallien counsel and focused on a solution that would be the least interfering of other activities in the area. They believe they have come up with an option that does not get in the way of the other tenants or the normal activities in this area. It really makes the bank work well and as smoothly as it can. (3) Would not cause substantial injury to the value of other property in the neighborhood in which it is located. Response: This is a valuable amenity; one that the workers in the area and other people in the area would value. In their view this type of use only increases the property values. This is not a restaurant or a type of use that is going to cause a lot of traffic or congestion. This will just make the lives of the tenants and residents easier. They believe the special use is warranted in this case. Chairman Davis noted that the Plan Commission recommended approval of the special use by a vote of 5 to 0. The Plan Commission requested that the petitioner reconsider a modification to the parking lot and the petitioner has done so. After studying the issues again the petitioner has testified that the plan presented was the safest option and decided to keep the configuration as presented with additional signage added. No one in the audience spoke in support of or in opposition to the requested special use. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 8 May 3, 2005 Director of Community Development Kallien said that he would like to see language added that would create a safety net, should more retail development occur in the area. Mr. Rubenstein agreed to the condition. Chairman Davis said that it appears the petitioner has addressed the standards as required to recommend approval of the special use. Motion by Member Davis, seconded by Member Shah to recommend approval of the special use subject to the following conditions: 1. That the traffic pattern of the special use may be revisited in the event there is a significant change in the uses where retail would be introduced into the office complex. 2. The proposed construction is to be in substantial conformance with the Site Plan as revised on page 12 dated April 14, 2005 and page O, dated March 5, 2005 of the case file, both prepared by Daniel Bleck Architects. ROLL CALL VOTE: Ayes: 4 - Member Ascher, Mueller, Shah and Chairman Davis Nays: 0 - Absent: 1 - Member Young. Motion Carried 5. B. INTER CONTINENTAL DEVELOPMENT — 2221 CAMDEN COURT— INTER CONTINENTAL DEV TEXT AMENDMENT and SPECIAL USE — TO ALLOW DRIVE -IN 2221 CAMDEN CT- BANKING FACILITIES IN THE ORA -1 DISTRICT - TITLE 13 OF THE TEXT d SPECIAL USE SPECIAL USE — VILLAGE CODE — ZONING ORDINANCE DRIVE -IN BANKING - ORA -1 DISTRICT Chairman Davis noted that that the applicant has requested that this matter be continued. The petitioner had just received a letter from the Village asking them to consider some changes to the design in their proposal. The applicant has requested that the board consider rescheduling the next meeting to an earlier meeting date so that they could be on the June 14, 2005 Village Board agenda. There are no other agenda items scheduled for the regular meeting in June. Chairman Davis polled the board on rescheduling the June Zoning Board meeting to accommodate the petitioner. The rescheduled meeting would be held in lieu of the regular June 7t" meeting. All members were in agreement. Motion by Member Mueller, seconded by Member Shah to continue the public hearing to the next regular meeting date, rescheduled from June 7, 2005 to May 315 2005. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 8 May 3, 2005 6. OTHER BUSINESS: Chairman Davis discussed rescheduling the regular July meeting in order to accommodate everyone for the 4th of July holiday. The rescheduled meeting would be held in lieu of the regular July 5th meeting. All members were in agreement to reschedule the meeting to July 12, 2005. Motion by Chairman Davis, seconded by Member Mueller to reschedule the July 5, 2005 Zoning Board Meeting to July 12, 2005. VOICE VOTE: Motion carried. There was no other business to discuss. 7. ADJOURNMENT: Motion by Member Shah, seconded by Member Ascher to adjourn the meeting at 8:10 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien, Director of Community Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 8 May 3, 2005 OTHER BUSINESS ADJOURNMENT