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Minutes - 06/29/2004 - Zoning Board of AppealsMINUTES OF THE JUNE 29, 2004 REGULAR - MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN SEPTEMBER 7, 2004. 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, Manu Shah and Steven Young ABSENT: Member Robert Sanford IN ATTENDANCE: Director of Community Development, Robert Kallien, Jr. 3. APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF JUNE 1, 2004 Motion by Member Ascher, seconded by Member Mueller, to approve the minutes of the June 1, 2004 Regular Zoning Board of A pp eals Meeting as written. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS: There was no unfinished business to discuss NEW BUSINESS 5. NEW BUSINESS: A. CHOU — 301 ASHLEY COURT — VARIATION — TITLE 13 OF THE CHOU - 301 ASHLEY COURT - VILLAGE CODE - ZONING ORDINANCE SECTION 13- 6C -3F -1 AND VARIATION - 13-6C-3F-2A — VARIATION TO THE FRONT AND SIDE YARD FRONT and SIDE YARD SETBACK SETBACK ABUTTING A STREET TO CONSTRUCT A NEW RESIDENCE Chairman Davis swore in all persons that would testify on this matter. Bill Styczynski, Architect, Styczynski Walker and Associates, said that they designed the house for the Chou's, which is one of the last remaining VILLAGE OF OAK BROOK 0- Zoning Board of Appeals Minutes Page 1 of 27 June 29, 2004 'i L vacant lots in the Covington Court Subdivision. It is a very difficult lot, with a number of street setbacks and a difficult terrain. They had already designed the house and submitted it for a building permit. During plan review the Engineering Dept made them aware of an easement that exists on the property. They were not aware of the easement and it was not shown on the survey which was given to the owner at the closing. None of them, including the civil engineer involved in the project, knew of the stormwater conveyance and maintenance easement. The easement has created some difficulty to work with this lot. The lot faces three streets which essentially gives it three front yards. The easement serves a water supply for the pond and the surrounding landscaping. The lot has been diminished quite a bit and with the existing topography makes the development of the remainder of the lot difficult. They are seeking a variation to the 40 -foot setback on two of the streets to 35 feet, which would allow them to move the house forward to get out of most of the easement. The remainder of the portion of the house that would be in the easement, however, the Subdivision Association is willing to revise some of their easement documents to allow the house to fit within the remainder of the existing easement. Mr. Styczynski said that they met with the Homeowners Association and proposed a different location for the house. The Association suggested the current location as submitted and said they would support the request for the variation to the required setbacks to both streets. Chairman Davis questioned whether the neighbors had been notified of the request and whether there had been any objections to the proposal. Mr. Styczynski responded that they had been notified and no one had objected. No one in the audience spoke in support of or in opposition to the requested variation. Mr. Styczynski responded to the Variation standards as follows: 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. RESPONSE: This is one of the few remaining lots to be developed since the subdivision was originally approved in 1984. With the current setbacks, easements and topography, the house would be smaller and of lesser value than the surrounding homes. Especially, taking into consideration, that the easement was added after the original plat of subdivision had occurred. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 27 June 29, 2004 • • 2. The plight of the owner is due to unique circumstances. RESPONSE: The storm water conveyance and maintenance easement was not shown on the survey when the Chou's purchased the property. Such information would have had a major decision in the purchase of this property to build their home. The steep grade differential of the lot combined with its shape creates additional difficulty in creating an efficient floor plan. 3. The variation if granted will not alter the essential locality. RESPONSE: The character of the homes in the area will not be affected in a negative manner. In fact, several homes within the subdivision have a property line that extends to the street and although they still maintain a forty foot front yard setback, the distance from the curb to the house is approximately 40 feet with the requested change in setbacks; this home would be a minimum of 57 feet to the curb. From a characteristic standpoint they would be further away from the street than some of the homes in the subdivision. 4. 2.a. The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owners as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out. RESPONSE: A reduction in buildable lot area occurred when the storm water conveyance and maintenance easement was added in June of 1993. That easement, when combined with the three front yard setbacks and steep topography requires some relief at the front yard setbacks to allow for a workable floor plan and future resale value. 5. 2.b. The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. RESPONSE: The lot in question is unique in that it has three front setbacks, the pond easement, steep topography, and the subdivision entry landscape feature located on the property. It is also one of the few remaining undeveloped lots in the subdivision. 6. 2.c. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. RESPONSE: The granting of this variation will have no negative affect to other property whatsoever. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 27 June 29, 2004 U • • 7. 2.d. The proposed variation will not impair an adequate supply of light and air to adjoining property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. RESPONSE: The adjacent property will not be diminished in safety, quality of light or value. In fact, the property adjacent to the east will benefit from a shorter retaining wall at the driveway, which will be more aesthetic and safer for the children in the area. 8. 2.e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. RESPONSE: The purpose of the variation is not based on money but based on allowing the design of a home that is consistent with the homeowner's desires when they purchased the lot. There is of course an inherent desire to retain a reasonable resale value of the developed property. 9. 2.f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: The hardship was created when the storm water conveyance and maintenance easement was added to an already difficult lot and none of the parties were aware that the easement existed. Chairman Davis questioned when the easement was added. Mr. Styczynski said that the easement was granted in 1993, but no information was given to the homeowner on their survey, which did not show any easement whatsoever. Member Young asked if the grading was going to be altered. Mr. Bill Myers, Christian -Roge and Associates responded that the actual design impacts by moving the house forward would actually have less grading on the sidelines and can tie in the contours from the building to the existing grades along the road on the Covington Court side. By moving the house forward there is a better transition to the grades. Member Ascher said asked why it would not have shown up on the plat. Director of Community Development Kallien responded that they believe when the plat was originally done the easement was not shown. The easement was added after the fact and it should have shown up and the title company should have found it. Literally 50% of the lot area is taken away by setbacks and the location of the easement. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 27 June 29, 2004 f r i Chairman Davis asked what the total size of the lot was. Mr. Meyers responded that it is .575 acres. Mr. Styczynski said that a good percentage of the house remains within the setbacks there are just a few points, such as a portion of the garage and a couple of triangles of the house that extend beyond the original setbacks. Chairman Davis said that the petitioner appears to have sufficiently addressed the standards. The Zoning Board of Appeals needs to find these standards satisfied in order to recommend a variation to each of the requested setbacks. Motion by Member Mueller, seconded by Member Shah that the standards appear to have been satisfied and that the variation will not be detrimental public welfare and to recommend approval of the variations as proposed by approximately 5 feet to the front yard and to the side yard abutting a street as requested. ROLL CALL VOTE: Ayes: 5 — Members Ascher, Mueller, Shah, Young and Chairman Davis Nays: 0 — None Absent: 1 — Member Sanford. Motion Carried. 5. B. +C. MCDONALD' S PROPOSAL FOR THE DEVELOPMENT OF McDonald's Proposed Develo SPRING ROAD AND 22ND STREET OvervieVment Chairman Davis swore in all parties giving testimony this evening as follows: Jack Lawlor, Attorney for McDonald's, Sonnenschein, Nath and Rosenthal LLP. Joe Endress, Director, McDonald's Corporation; Corey Andrews, Site Acquisition Manager for McDonald's Corporation, Greater Chicago; Libby Ertel- Fisher, Project Manager for the Greater Chicago Region; and Tony Pagliuca, Lead Architect, McDonald's Worldwide Development. The consultants on the project are Luay Aboona, KLOA, Inc. Traffic Engineer, Terrence O'Brien, Real Estate Appraiser and Lucas Castor, Brickman Landscaping. Mr. Lawlor said that they are here to discuss the possibility of constructing a flagship McDonald's restaurant in the very shadow of its world headquarters. They are excited about it because they believe it is a very powerful architectural statement, that they would like to open with conjunction with the 50th anniversary of McDonald's next April (2005). VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 27 June 29, 2004 e�� This is not an ordinary McDonald's. There is a wonderful architectural design, beautifully landscaped with many exciting features, such as an extension of the Oak Brook bicycle path and the installation of landscaped pond at the intersection of 22'd and Spring Road. This is an important restaurant location. There is a restaurant known as the "Archways" restaurant located in the Plaza 1 headquarters building, located just east of the subject property will close. The new restaurant will serve the same function. It is an important restaurant because it is part of the world headquarters and it is what Wall Street investors, franchisees, vendors and corporate officers from around the world come to see in Oak Brook. Another aspect of this development is McDonald's introduction of the McCafe to this restaurant and it will share the same building. The 10,500 square foot building will sit on a 160,000 -acre lot. It will only be 27'/2 feet in height; which is far below the 8 -10 stories permitted under the current zoning. It will utilize a unique location that is ideal in many respects. The ORA -2 zoning already supports the use of a restaurant as a permitted use. They think the site is ideally located to support the nearby office populations, pedestrians in the Oakbrook Center and the motoring public. They believe that the office population is underserved as to moderately priced lunchtime dining in this area. The site is also well located from a traffic - engineering standpoint. The primary entrances are right - in/right -out turning movements, so there would not be traffic conflicts that might be seen at other locations. A letter has been received from the Illinois Dept. of Transportation (IDOT) indicating that they support the proposed turning movement on 22"d Street. Full access will also be available from Commerce Drive to the north. They will upgrade the appearance of the parking field that has been serving the McDonald Plaza I building located east of McDonald Drive, which will be improved with all new landscaping and paving to make it more presentable. This is the Plaza II block, bounded by Commerce Drive on the north, McDonald's drive on the east, 22"d Street on the south, and Spring Road to the west. The restaurant parcel is approximately 160,000 square feet; the balance of the Plaza II block is approximately 256,000 square feet for a total of 417,000 square feet. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 27 June 29, 2004 • t The Plan Commission has recommended approval of the proposed subdivision to divide the lots into 2 lots, which will facilitate future development of the site for McDonald's growth or for the office market in the future. They think the site is ideal for those reasons, with the office development to the north, east, south and consistent with the predominate land use in the area which is the regional mall located immediately to the west in the B -2 zone. The site is located in an ORA -2 zoning district, which is geared primarily toward office development. They believe the proposed development is consistent with land uses in the vicinity. The surrounding zoning uses are ORA -2 to the north, B -2 (the Oakbrook Center) is to the west, ORA -2 to the south is another office complex, and to the east ORA -2 on McDonald's Drive is the McDonald's Plaza 1 world headquarters building. There is only one ORA -2 District area in the Village. McDonald's is seeking text amendments to achieve the goal of implementing a restaurant use within the ORA -2 zoning district. Although restaurants are . permitted uses, certain features of the existing regulations are a challenge. They are seeking those text amendments that would facilitate the optimal development of a quality restaurant use. While the ORA -2 District permits retail uses, it has a number of features that thwart the practical implementation of allowing restaurants to be built, so they are seeking relief in a number of respects. Under the ORA -2 regulations, a drive -in is not a permitted or special use. Although there are drive -in's across the street in the mall, in the ORA -2 District they are not permitted. They are seeking a text amendment that would give the Village the authority, should it decide to grant special use approval, to approve a drive -in as a special use. The same is the case for outdoor restaurants. There are several outdoor restaurants in the mall, notwithstanding the proximity of the ORA -2 district. At the present time the zoning text does not allow outdoor dining even as a special use. They are seeking authority to add outdoor dining among the special uses in the ORA -2 district and they are seeking approval for site - specific use. They are also seeking some ORA -2 District adjustments and some are clarifications as to what is permitted in the required yards. They are providing the yards required under the Ordinance, which is 100 -feet on 22"d Street, a 55 -foot side yard along Spring Road and the rear yard. Some of the text amendments are important to retailers such as signs, which is very restrictive and office orientated and after working with staff think VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 27 June 29, 2004 they have designed a modest increase that would satisfy the needs of the restaurant as well as Oak Brook's criteria for taste and being understated. Some amendments deal with parking. One text amendment has to do with the parking ratio for drive -in restaurants. Other text amendments have to do with the upgrade of McDonald's parking field and the balance of the Plaza II block and a clarification that the parcel can be used for accessory parking. They are also seeking that the accessory parking off -site can be located as far as 500 feet away from the principle use served. Currently the Ordinance states that it shall be located within 300 feet. The parking field begins with the 300 feet, but extends as far as 500 feet away. They are creating public utility easements along the entire perimeter of the Plaza II block and are adequate for the present and foreseeable future needs. The use of the yard areas is a continuance of the Oak Brook bicycle path along the 22'd Street frontage. Mr. Lawlor requested that the applications, staff reports and the Plan Commission recommendation be treated as part of the record. There are several other things they would like to get into the record and some exhibits already incorporate some of the Plan Commission recommendation, such as additional landscaping, and improved sign locations. They are very appreciative of the dialogue with staff, they believe that it has improved the project and they have tried to incorporate some of the Plan Commission recommendations that led to a unanimous approval. Corey Andrews, Site Acquisition Manager for McDonald's Corporation, Greater Chicago Regional Office said that if the requests are approved, the proposed restaurant is scheduled to open by April 15, 2005 to coincide with McDonald's 50th anniversary. The site has been undeveloped for many years. It was the former site of the Amoco gas station and Colby's furniture store. Since those uses ceased to operate the site has been used just for parking. He reviewed the large picture boards that were displayed during the presentation. They are presenting a uniquely designed building. There are many familiar features to the restaurant; however there are some unique treatments that you would not typically see at a McDonald's restaurant. The roof and the arches have a new look. There is traditional signage and there are some unique materials that will be used. They hope that the customers will find designs in this restaurant to be a comfortable, wholesome, family place to eat as well as a restaurant that is relevant to today's lifestyle. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 27 June 29, 2004 �ti The access to the property will be generated from the sidewalk system that ties into the existing bike path and meanders to the north tying in with the main east -west sidewalk, which is landscaped on both sides. It will be heavily landscaped along the detention pond along 22nd Street. It will also tie into Spring Road and 22nd Street so that customers and pedestrians from the south side of 22nd Street would be able to access the site safely. It will also continue along with the bike path up to Commerce and Spring Road. The sidewalk will continue along the four boundaries of the property. They have designed the sidewalk so that customers will not be able to easily walk through the parking lot. They will be forced to walk along the sidewalk area. They have also installed a pedestrian walkway along the main access drive so that people from Commerce Plaza to the north as well as the Renaissance Hotel would be able to access the restaurant safely. After meeting with the Plan Commission and consultation with staff, they are going to place pedestrian walkway signs along the intersection so that pedestrians will know that the pedestrian walkway comes off 22nd Street. They had talked with the Plan Commission about the possibility of extending an additional sidewalk; however, they are asking that the Board consider the safety involved in having pedestrians walking along a street that has over 40,000 cars a day going down it. They hope by adding that signage they can direct people up to the sidewalk which is located 100 feet off of 22nd Street. Cars will be able to access the site through a right -in and right -out on 22nd Street; a right -in and right -out on Spring Road, full access points on Commerce Drive and McDonald's Drive. Currently 3 access points exist on McDonald's Drive. They are going to close off 2 of those and consolidate it into 1 access point that will be aligned with the main access point to the McDonald's Corporate headquarters (Plaza 1). The McCafe is McDonald's entry into gourmet coffees and teas. It sells premium blend coffees, Expresso's, Latte's, gourmet teas, juices, pastries, and fresh -made sandwiches. This portion of the restaurant will encompass about 1200 square feet of the building by the eastern parking lot area. The main access points to the restaurant will be from the east side as well as separate from the McCafe. The seating at the McCafe has very low comfortable captain chairs type seating. There will be counter height stool seating as well. The dining area itself will feature McDonald's forever - young decor. McDonald's recognizes that different customers use the restaurant differently. There are areas for mothers with children with lower colorful seating with wider tables so that the kids can spread out. There are areas for fast eaters that want to get a meal quickly. There are VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 9 of 27 June 29, 2004 group- seating areas, so that tables can be pulled together. There is countertop seating for individuals. There are also single and two -top tables. The main dining floor area is approximately 9500 square feet. There will be a 1500 square foot mezzanine that is accessible through an elevator and stairway. The building has been designed with innovation and growth in mind. The kitchen will feature new ways of preparing existing items and growth for new menu items. There is sandwich - testing going on in Lisle and they have an area to include that on this site. The current order system will exist, with the potential of adding self - ordering kiosks in the future. There will be unique media items such as large screen TV, wireless access to the internet so laptops can be used. The mezzanine will feature a Sony - music download system. The mezzanine will feature about 90 seats while about 190 seats will exist on the main floor. The mezzanine will have an open view of the dining area below. 65 -70% of their customers go through the drive -thru and never come into the restaurant. They have tried to design the drive -thru so that the same type of dining experience can be provided for those that do come into the restaurant. They have screened the drive -thru from the adjacent roadways through significant landscaping and berming. There will be a 4 -foot berm along Spring Road. They have addressed several concerns of the Plan Commission regarding the landscaping by changing some of the deciduous trees to evergreens. They have moved the monument sign on Spring Road, 100 feet north, off of 22nd Street and have added some evergreen bushes and trees and low lying evergreen bushes along the signs. The sign on 22nd Street has been moved approximately 60 feet to the west, away from the right -in, right -out. These changes were made as a result of the Plan Commission requests, and due to the slope of the land, the signs would not have been visible in time for motorists to turn in. The size of the signs have not changed The main access to the drive through will come off the parking lot. There will be a by -pass lane so that the drive - through can be exited. There will also be a second drive- through lane to help speed the process along. The have landscaped the drive - through and the building with plantings and berming so as to shield the drive- through as much as possible from Spring Road, Commerce Drive and the adjacent buildings. After the Plan Commission meeting and consultation with staff, they are designing a little knee wall along a portion of the building, to better protect pedestrians that may be walking across the drive -thru lane from cars that would be exiting VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 10 of 27 June 29, 2004 i • the drive -thru lane. Along the pedestrian way they have decorative stone bollards that will be using the same material ad the front of the building. The bollards will be placed 8 feet on center to help protect in case any cars coming through the drive -thru should use control, so the pedestrians would be protected by the bollards. There is a landscape hedge on the inside and outside of the walkway to protect pedestrians. There are 60 outdoor seats and the seating is screened from the main parking field through landscaping ranging from 3 feet to 13 feet wide; there is a 2 -foot wide masonry structural wall as well as additional landscaping on the interior of the wall. The outdoor dining area will operate from April 15 to October 15 of each year. There is a landscaped loading dock and trash corral. There is a masonry wall that will screen the loading dock and trash pick up area from the drive - though and adjacent roadways. This concluded the overview of the proposed project. 5. B. MCDONALD' S CORPORATION — TEXT AMENDMENTS — TITLE 13 MCDONALUS OF THE VILLAGE CODE — ZONING ORDINANCE AS FOLLOWS: CORPOR ATION — TEXT AMENDMENT RELATIVE TO THE ORA -2 DISTRICT: SECTION 13 -1 OB -2 — ADD - ORA2 DISTRICT - "DRIVE -IN ESTABLISHMENTS FOR RESTAURANTS AS A SIGNAGE and PARKING SPECIAL USE; SECTION 13 -10 -2 AND 13 -10B -2 ADD "OUTDOOR DINING AREAS ADJACENT TO RESTAURANTS"; SECTION 13-10 - B-1 ADD OFF - STREET PARKING AND STRUCTURES AS PERMITTED ACCESSORY USES; SECTION 13- 10B -3C (1), (2) AND (3) YARDS; SECTION 13- 12 -3H(2) — OFF - STREET DRIVEWAY AND PARKING - RELATED REQUIRED SETBACKS; SECTION 13 -12- 5 REQUIREMENTS TO PARKING SPACES; SECTION 13- 12 -3(B) OFF - STREET PARKING REQUIREMENTS; SECTION 13 -1OB -1 — OFF- STREET PARKING AS ACCESSORY USES AND STRUCTURES; SECTION 13- 11- 1102) AND 13- 11- I1(A )(3) SIGNAGE REQUIREMENTS Chairman Davis said that the standards were addressed in detail in Mr. Lawlor's letter dated June 8, 2004 which are part of the file and made part of the record. He asked Mr. Lawlor to highlight each of the text amendments. Mr. Lawlor reviewed each of the text amendments and highlighted some standards and noted that some of the responses to the standards are repetitive: VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 11 of 27 June 29, 2004 1. The applicant is seeking an amendment to Section 13 -10 -2 to permit outdoor dining areas adjacent to restaurants to be a use that can be located outside of a building. A. Character of the Neighborhood. Oak Brook has only one ORA -2 District in the Village; with the exception of this block all are already developed. The ORA -2 District regulations already allow B -2 uses, which are the kinds allowed at the Oakbrook Center, including restaurants. The proposed text amendment allowing the development of outdoor dining would simply authorize the Village Board through the Special Use process to consider the same kind of outdoor dining used across the street at the Oakbrook Center. At this location they do not believe would be inconsistent with character of the area. Chairman Davis questioned whether this would have an effect on any other properties that are already developed in the ORA -2 area. Mr. Lawlor responded that there is an appraisal report in the file which concludes that there would be no adverse impact on the property. Notices were sent to neighboring property owners and they have been supportive or they have not heard from them. B. The extent to which property values are diminished by the particular zoning restrictions. From the McDonald's style of family oriented restaurant, the outdoor dining is an important amenity. He believes that Oak Brook has had favorable experiences with this. People are seeking more pleasant experiences in the summer. C. The extent to which the removal of the Existing Limitations Would Depreciate the Value of Other Property in the Area. Neighboring land uses have been studied in the Appraisal Report with substantial street frontages in this area. The nearby uses are all commercial in nature. The construction of the restaurant does not prove to be inharmonious with other uses or zoning in the vicinity and would not depreciate property values. D. The suitability of the Property for Zoned Purposes. Restaurants are already permitted uses so the issue is the outdoor dining. E. Existing Uses and Zoning of Nearby Properties. All the surrounding uses are commercial. The prominent land use is VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 12 of 27 June 29, 2004 D • • the mall and it already has outdoor dining uses. F. The Length of Time Under the Existing Zoning that the property has remained unimproved considered in the context of land development. The site has been vacant for some time. The Colby's site has been vacant for approximately 8 years and the Amoco station has been vacant for at least 6 years. Redevelopment of this site would generate sales tax revenue for Oak Brook and create a people oriented activity at this location. G. The Relative Gain to the Public as Compared to the Hardship Imposed on the Individual Property Owner. They think the outdoor dining facility is consistent with public desire. It also has an economic advantage by adding to the sales tax base. H. The Extent to Which the Proposal Promotes the Health, Safety, Morals or General Welfare of the Public. They believe this is an exciting design so close to its world headquarters. It is a deepened commitment to Oak Brook. They hope that the building serves as a statement that McDonald's is looking forward to another successful 50 years and not rest on its laurels. They have designed it in a way that there is no danger to the public health, safety and welfare. They have gone to extremes to ensure that. I. The Relationship of the Proposed Use to the Comprehensive Plan. The Comprehensive Plan encourages this kind of people- oriented outdoor mixed use activity and this is a manifestation of one of the thrusts in the Comprehensive Plan. J. Community Need for the Use Proposed by the Property Owners. They believe there is a need to better serve the motoring public and the nearby office populations. They expect substantial customer traffic from their own office population as well. 2. The applicant is seeking an amendment to Section 13 -1OB -2 to add drive -in establishments for restaurants as a special use. This amendment will permit the McDonald's restaurant to request the special use for the drive -in facility. A. Character of the Neighborhood. Same as number 1. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 13 of 27 June 29, 2004 D B. The extent to which property values are diminished by the particular zoning restrictions. 60 %+ of McDonald's customer traffic is pass -by traffic, which are motorists already on the street system that make a spontaneous decision to visit the restaurant. A lot of that traffic will use the drive -thru, whch is critical to McDonald's. They do not build free - standing stores that do not have a drive -thru feature. It would be a substantial diminishment for McDonald's. C. The extent to which the removal of the Existing Limitations Would Depreciate the Value of Other Property in the Area. Same as No. 1. Neighboring land uses have been studied in the Appraisal Report D. The suitability of the Property for Zoned Purposes. Drive -thru are already permitted uses so the issue is the outdoor dining. E. Existing Uses and Zoning of Nearby Properties. All the surrounding uses are commercial. The prominent land use is the mall and it already has outdoor dining uses. F. The Length of Time Under the Existing Zoning that the property has remained unimproved considered in the context of land development. Same as No. 1. G. The Relative Gain to the Public as Compared to the Hardship Imposed on the Individual Property Owner. They think it will be well received. The office population in the area is generally underserved at this location. There is community and neighborhood demand. It is essential for McDonald's to have this kind of feature. H. The Extent to Which the Proposal Promotes the Health, Safety, Morals or General Welfare of the Public. They have designed it in a way that there is no danger to the public health, safety and welfare. They have gone to extremes to ensure that. I. The Relationship of the Proposed Use to the Comprehensive Plan. Same as No. 1. J. Community Need for the Use Proposed by the Property Owners. Same as No. 1. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 14 of 27 June 29, 2004 3. The applicant is seeking an amendment to Section 13 -1OB -2 to add outdoor dining areas adjacent to restaurants as a special use. This amendment will permit the McDonald's restaurant to request the special use for an outdoor dining area. This item needs to be addressed in order to be added to a list of permitted special uses in the ORA -2 zoning district. There is list of uses that must be enclosed and a list of uses that do not have to be enclosed and they are requested that "outdoor dining" is added to that list. The standards for No. l apply to this request. 4. The applicant is seeking an amendment to Section 13 -1O13-1 to include off - street parking among the accessory uses and structures permitted in an ORA2 Zoning District. This amendment will permit lot 2 to be improved with the off - street parking facilities without the construction of another principal use. The existing parking field has been used as parking. Unlike some of the other zoning districts, the ORA -2 district does not explicitly mention that parking is a permitted accessory use so this is also a technical clean up. In response to the standards, ■ They do not believe that anyone has been disadvantaged by the fact that McDonald's has been using this as part of its operation. As part of this effort to construct the restaurant they will upgrade the entire parking area. There will be enhanced paving, landscaping, etc. • It will not depreciate the property values and they have not received any complaints. • The change brings the use into conformity. • The other standards have been previously addressed in the first text amendment. 5. The applicant is seeking an amendment to Section 13- 1OB -3C1 to specifically authorize that drives, sidewalks, landscaping and similar non - parking facilities in required front yards in the ORA2 Zoning District. This amendment will provide additional consistency to language found in other Zoning Districts and permit the construction of the desired improvements on the subject property. Items 5, 6, and 7 deals with yards. The required front yard is 22nd Street. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 15 of 27 June 29, 2004 They are actually beautifying 22"d Street by adding an abundance of landscaping that does not now exist. Two other major aesthetic features are the creation of the detention pond and the extension of the Oak Brook Bike Path. In order to do these things they are seeking approval of the text, which is similar to some of those in the B zoning district. The standards to 5, 6, and 7 would be the same. A. Character of the Neighborhood. Same as number 1. B. The extent to which property values are diminished by the particular zoning restrictions. The challenge is to implement an actual retail restaurant use in the ORA -2 zoning district, which on paper among the permitted uses, authorizes restaurants, but when you try to work with the yards, it is very difficult to do so. They are seeking modest relief to make the overall program of upgrading the entire block more feasible. C. The extent to which the removal of the Existing Limitations Would Depreciate the Value of Other Property in the Area. Same as No. 1. Neighboring land uses have been studied in the Appraisal Report D. The suitability of the Property for Zoned Purposes. They are essentially adding a restaurant which is already a permitted use and upgrading conditions in terms of the balance of the site for parking. E. Existing Uses and Zoning of Nearby Properties. All the surrounding uses are commercial. The prominent land use is the mall and it already has outdoor dining uses. Many of the other uses already feature outdoor surface parking and the like. F. The Length of Time Under the Existing Zoning that the property has remained unimproved considered in the context of land development. Same as No. 1. G. The Relative Gain to the Public as Compared to the Hardship Imposed on the Individual Property Owner. They believe it is an upgrade of existing conditions that brings life to VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 16 of 27 June 29, 2004 --OLe the area and sales tax dollars. The landscaping alone is a significant enhancement over the current appearance of the block. H. The Extent to Which the Proposal Promotes the Health, Safety, Morals or General Welfare of the Public. They have designed it in a way that there is no danger to the public health, safety and welfare. They have gone to extremes to ensure that. I. The Relationship of the Proposed Use to the Comprehensive Plan. Same as No. 1. J. Community Need for the Use Proposed by the Property Owners. Same as No. 1. 6. The applicant is seeking an amendment to Section 13- 1OB -3C2 to specifically authorizes that drives, vehicular parking, sidewalks, landscaping and similar facilities in required side yards in the ORA2 Zoning District provided that paved parking areas shall not be located closer than forty (40') feet to any lot in a residence district. This amendment provides additional consistency to language found in other Zoning Districts. This request allows drives, parking sidewalks and landscaping in the side yards provided that they are no closer than 40 feet to any lot in a residence district. Responses to the standards are the same as No. 5. 7. The applicant is seeking an amendment to Section 13- 1OB -30 to specifically authorize that drives, vehicular parking, sidewalks, landscaping and similar facilities in required rear yards in the ORA2 Zoning District provided that paved parking areas shall not be located closer than fortv (40') feet to anv lot in a residence district. This amendment provides additional consistency to language found in other Zoning Districts. This request allows drives, parking sidewalks and landscaping in the rear yards provided that they are no closer than 40 feet to any lot in a residence district. Responses to the standards are the same as No. 5. Member Ascher questioned what the estimated sales tax would be. Mr. Andrews responded that $25,000 to $30,000 in sales tax. 8. The applicant is seeking an amendment to Section 13- 11 -11A2 to permit the maximum gross surface area in square feet of all non - directory signs VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 17 of 27 June 29, 2004 for each restaurant building on a lot located in an ORA2 Zoning District shall not exceed 400 square feet. At the present time, a building of less than 100,000 square feet. is only permitted to have 100 square feet of total signage. When working through the provisions of the ordinance for ORA -2 there are challenges for the restaurant operator. The sign program is modest in scope. At the present time the sign restrictions are geared toward the office operator. It only allows 100 square feet of sign area, including the ground sign, which is very restrictive. They worked carefully with staff to come up with something that works for McDonald's and yet remains restrictive in nature. The proposal is to authorize a maximum of 400 square feet of signage and a large component of that is the signs devoted to the drive -thru system. Mr. Andrews said that the roadside signs would encompass no more than 140 square feet for a restaurant in the ORA -2 district for a restaurant with a drive -thru. Currently the signs are designed at 137.6 feet, for a restaurant with a drive -thru. The building signs would be 110 square feet This results in a total of approximately 400 square feet. _ Mr. Lawlor said that the revised text amendment worked out with staff only allows that amount of menu board for the drive -thru, subject to the Village Board finding that the signs in question, servicing the drive -thru are substantially screened from the nearby streets. It is only a modes increase in wall signs going from 100 feet to 110 feet. Chairman Davis asked if the menu board was counted toward the signage. Attorney Lawlor responded that it is a modest increase in wall sign, from 100 feet to 110 feet. The ground signs remain modest, and it proposed that the menu signs are allowed only when the Village Boards finds that they are substantially screened and part of a special use for a drive -thru Director of Community Development Kallien said that for example, if a J. Alexander's wanted to be developed there under the ORA -2 they would only be eligible for the amended wall and ground signs, not the drive -thru. Mr. Lawlor added that it is a very restrictive circumstance that anyone could even approach the Village Board. A. Character of the Neighborhood. Same as number 1. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 18 of 27 June 29, 2004 ,�Rez B. The extent to which property values are diminished by the particular zoning restrictions Signage is critical to any restaurant operation. 2/3 or more of customer traffic is already on the street system and makes it decision rather spontaneously, so a good sign package is really important. It is important here, because they have done a good job disguising the restaurant. It does not look like a McDonald's and is landscaped extensively. They are trying to come up with a sign package to strike a balance between being tasteful and consistent with Oak Brook design standards, and yet enable the restaurant to be successful. C. The extent to which the removal of the Existing Limitations Would Depreciate the Value of Other Property in the Area. Same as No. 1. Neighboring land uses have been studied in the Appraisal Report D. The suitability of the Property for Zoned Purposes. They are essentially adding a restaurant which is already a permitted use and upgrading conditions in terms of the balance of the site for parking. E. Existing Uses and Zoning of Nearby Properties. All the surrounding uses are commercial. The prominent land use is the mall and it already has outdoor dining uses. Many of the other uses already feature outdoor surface parking and the like. F. The Length of Time Under the Existing Zoning that the property has remained unimproved considered in the context of land development. Same as No. 1. G. The Relative Gain to the Public as Compared to the Hardship Imposed on the Individual Property Owner. They believe a successful restaurant is a plus for the Village and the public, but need a modest increase in the allowable signage. H. The Extent to Which the Proposal Promotes the Health, Safety, Morals or General Welfare of the Public. They are seeking an overall balance of the proposal in terms of the aesthetics and the landscape program. I. The Relationship of the Proposed Use to the Comprehensive Plan. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 19 of 27 June 29, 2004 Same as No. 1. J. Community eed for the Use Proposed by the Property Owners. Y p Same as No. 1. 9. The applicant is seeking an amendment to Section 13- 11 -11A3 to permit ground signs for restaurant uses in an ORA2 Zoning District to not exceed a total sign area of 150 square feet and shall not be deducted from the gross surface area of signs allowed in Section 13- 11 -11A. At the present time, the gross surface area of all ground signs is included in the maximum signage permitted on a property. The standards in No. 8 apply to No. 9. 10. The applicant is seeking an amendment to Section 13 -12 -3B to provide that off - street narkinLy spaces may also be on a lot other than the lot on which the building is located provided said spaces are located within thfee five hundred fifty 3093 (550) feet walking distance. This will permit the new parking facilities on lot 2 to be included in the parking inventory of the World Headquarters property. At the present time, the distance is limited to 300 feet. This was previously covered and is detailed in the file. 11. The applicant is seeking an amendment to Section 13- 12 -3H2 to create a provision in the ORA2 District that off - street parking spaces, open to the sky, may be located in any required side yard and rear yard even if the parking space is within ten (10') feet of the nearest lot line, in no event, however, shall such a parking space be located less than fort y (40') feet from an adjoining residence district boundary. This is text amendment was covered in Nos. 5 -6 -7, but this is a clarification that if the ordinance is construed in a certain way, the ORA -2 district would allow off - street parking in the required side yards. 12. The applicant is seeking an amendment to Section 13 -12 -5 providing that the off - street parking requirements for restaurants with drive - through facilities in the ORA2 District located within 1,000 feet of office buildings containing a minimum aggregate of 250,000 square feet at time of initial restaurant construction shall be one parking space for every 100 square feet of floor area, or part thereof. At the present time, the parking ratio is one space for every 66.67 square feet of floor area. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 20 of 27 June 29, 2004 7�� This relates to the parking ratio in the ordinance, exceeds what they think is necessary for a restaurant of this nature. McDonald's thinks the sufficient ratio would be the one that applies to restaurants without a drive - thru. The ratio there is 10 per thousand. The existing ratio for restaurants with a drive -thru is more restrictive. It is one space per 66/23 square feet of floor area, as opposed to 1 per 100 square feet of floor area, which is the ratio for non drive -thru restaurants. There was a KLOA study made part of the file, and the report determined that the 1 per 100 was appropriate for this location. They believe they will have more foot traffic based on the proximity to the offices. A. Character of the Neighborhood. Same as number 1. B. The extent to which property values are diminished by the particular zoning restrictions They do not believe they have a sufficient amount of parking for their use and do not need', to devote any more land value to parking at this location. C. The extent to which the removal of the Existing Limitations Would Depreciate the Value of Other Property in the Area. Same as No. 1. Neighboring land uses have been studied in the Appraisal Report D. The suitability of the Property for Zoned Purposes. They are essentially adding a restaurant which is already a permitted use and upgrading conditions in terms of the balance of the site for parking. E. Existing Uses and Zoning of Nearby Properties. All the surrounding uses are commercial. The prominent land use is the mall and it already has outdoor dining uses. Many of the other uses already feature outdoor surface parking and the like. F. The Length of Time Under the Existing Zoning that the property has remained unimproved considered in the context of land development. Same as No. 1. G. The Relative Gain to the Public as Compared to the Hardship Imposed on the Individual Property Owner. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 21 of 27 June 29, 2004 They are trying to find a balance that provides for efficient use of the land and continues to protect the public. H. The Extent to Which the Proposal Promotes the Health, Safety, Morals or General Welfare of the Public. Same as G. I. The Relationship of the Proposed Use to the Comprehensive Plan. Same as No. 1. J. Community Need for the Use Proposed by the Property Owners. Same as No. 1. Chairman Davis asked for clarification of the changes recommended by the Plan Commission in regards to signage. Director of Community Development Kallien said that the original proposal was for an excess of 600 square feet of signage. They worked with the applicant to get the number down because Oak Brook is very stringent on signage. The recommended language in the Plan Commission recommendation letter basically clarifies it. The way the text has been modified, there is a maximum of 400 square feet total and would only apply if there is special use for the drive -thru, fully use their ground signs, and fully use the building signs. If another restaurant type use or office use came in, they could not utilize the 400 square feet, it would be significantly less. The way it is written they could have 400 square feet; however, the 150 feet allocated to the drive -thru would only be for a use that needed a special use for a drive -thru Without a drive -thru then it does not apply. The other factor is that this site is bounded by 4 roadways and is visible from all sides. The way the building is designed, there is no real rear to the building, and it is a finished front on all four sides, so the sign impact is less. All the signage is not seen at one time. A dangerous precedent has not been set here. It is a very unique site. He recommended that the language is a refinement of the amendment for signage. Member Ascher noted that this is 4 times the amount of signage that would be allowed on that lot, if it were an office building. Director of Community Development Kallien said that under the current code they would only be able to get 100 square feet total. Bill Lindeman, 11 Pembroke Lane, said that he did not hear any description on the type of signage. There were discussions on the square footage, but nothing to indicate the nature of the illumination of the signs. He said that he wanted to raise the question prior to the vote. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 22 of 27 June 29, 2004 Mr. Andrews responded that there is very detailed square footage of all the signs in the Text Amendment Booklet submitted. There are 2 ground mounted monument signs, on 22"d Street and Spring Road that will have McDonald's arch and McCafe logo all surrounded on a masonry base that is extremely well landscaped on both sides. They are internally illuminated and there is no exposed neon. They are per the ordinance and are a maximum of 8 feet high. The arch itself is 48" and the McCafe logo is 2'2" by 4 feet wide and is internally illuminated. Member Young confirmed that the foot candles would not exceed Village standards. Director of Community Development Kallien confirmed that and said that they have provided some lighting schematics that will be reviewed as part of the building permit. Ed Hearst, staff architect, McDonald's Corporation, said that wall signs would be at approximately 16 feet. Director of Community Development Kallien said that the Code states that the signs can be up to a maximum of 35 feet, but cannot be above the roof line. These signs are clearly within Code. There are a lot of ground signs along 22"d Street and they are all 8 feet, with the exception of those at the Oakbrook Center. Signage in Oak Brook is understated and to scale, the signs need to be a certain size to be visible, based on the level of traffic. Mr. Andrews reviewed the rest of the signs planned for the site to respond to Mr. Lindeman's questions. Chairman Davis asked if his questions had been covered. Mr. Lindeman responded that they had. The Zoning Board of Appeals finds that as required the applicant has addressed the Factors in detail and to recommend for approval each of the text amendments as presented. The factors are detailed on pages I -2 through I -18 of the case file. Motion by Member Ascher, seconded by Member Young to recommend approval of the applicant's request for text amendments to Section 13 -10 -2 — to permit outdoor dining areas to be a use located outside of a building; Section 13 -1OB -2 — to add drive -in establishments for restaurants as a special use; Section 13 -1OB -2 — to add outdoor dining areas adjacent to a restaurant as a special use; and Section 13 -1OB -1 to include off - street parking among the accessory uses in the ORA -2 District as requested. ROLL CALL VOTE: Ayes: 5 — Members Ascher, Mueller, Shah, Young and Chairman Davis Nays: 0 — None VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 23 of 27 June 29, 2004 Absent: 1 — Member Sanford. Motion Carried. Motion by Member Shah, seconded by Member Mueller to recommend approval of the applicant's request for a text amendment to Section 13- 10B-3C1; Section 13- 10B -3C -2; Section 13- 10B -3C3; and Section 13-12 - 3H2 as presented. ROLL CALL VOTE: Ayes: 5 — Members Ascher, Mueller, Shah, Young and Chairman Davis Nays: 0 — None Absent: 1 — Member Sanford. Motion Carried. Motion by Member Shah, seconded by Member Mueller to recommend approval of the applicant's request for a text amendment to Section 13-11 - I lA2 and to Section 13- 11 -11A -3 as revised. ROLL CALL VOTE: Ayes: 5 — Members Ascher, Mueller, Shah, Young and Chairman Davis Nays: 0 — None Absent: 1 — Member Sanford. Motion Carried. Motion by Member Mueller, seconded by Member Shah to recommend approval of the applicant's request for a text amendment to Section 13-12 - 3B as requested. ROLL CALL VOTE: i Ayes: 5 — Members Ascher, Mueller, Shah, Young and Chairman !� Davis Nays: 0 — None Absent: 1 — Member Sanford. Motion Carried. Motion by Member Shah, seconded by Member Young to recommend approval of the applicant's request for a text amendment to Section 13 -12- 5 as requested. ROLL CALL VOTE: Ayes: 5 — Members Ascher, Mueller, Shah, Young and Chairman Davis Nays: 0 — None Absent: 1 — Member Sanford. Motion Carried. 5. C. MCDONALD' S CORPORATION — SPECIAL USES — TITLE 13 OF MCDONALD's CORPOR ATION - THE VILLAGE CODE — ZONING ORDINANCE AS FOLLOWS: ORA- NE CORNER 22 and 2 DISTRICT: SECTION 13 -1OB -2 — "DRIVE -IN ESTABLISHMENTS SPRING ROAD - SPECIAL USES - FOR RESTAURANTS; SECTION 13 -10B -2 "OUTDOOR DINING DRNE -IN and AREAS ADJACENT TO RESTAURANTS OUTDOOR DINING VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 24 of 27 June 29, 2004 --j�3cr Mr. Lawlor said that they have received a unanimous recommendation of approval from the Plan Commission for both special uses they are seeking Director of Community Development Kallien referred the Zoning Board to the Plan Commission recommendation letter on page 10.a- 10.c. of the case file. Mr. Lawlor noted that they have received approval from the Illinois Department of Transportation for the curb cut that they referred to earlier. They also provided additional revised documents showing the placement of the revised monument signs. Mr. Lawlor reviewed the Special Use Standards, which are detailed in the case file on page C.6., as follows: A. The Special Use applications are of the type describe in Section 13- 14-9 of the Village Zoning Ordinance, and as deemed necessary for the public convenience at that location. There is a demand for this type of facility at this location. The considerable office population in the vicinity. B. The Special Use applications are so designed, located and proposed to be operated that the public health, safety and welfare will be protected. They have worked mightily with staff to ensure that will happen. There are very safety turning movements, right -in and right -out on 22nd and Spring Road. On each of those roads there are non - mountable medians so it is a very safe motoring situation. As far as pedestrian traffic they have placed architectural elements and bollards to further separate the pedestrian traffic on the sidewalk system from any of the traffic on site. C. The proposed Special Use application will not cause substantial injury to the value of other property in the neighborhood in which it is located. They have described the commercial nature and zoning of adjacent uses and favorable responses from adjacent property owners and the written report from the appraiser which is part of the file which sates that the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 25 of 27 June 29, 2004 - - M-O ' special use application will not cause substantial injury to the value of other property in the neighborhood. Member Ascher asked what the future plans are for the balance of the property. Mr. Lawlor said the immediate future is to develop the site presented. They have studied potential office development on the balance of the site, but there is no immediate plan to do that. It is nice for an international corporation to have some growing space at its world headquarters building. They have also studied it into non- McDonald's growth should the office market change. They would not be investing these kinds of dollars, in the upgrade of the balance of site otherwise. Member Young asked what the depth of the pond would be and what kind of architectural protections are in place to protect cars. Mr. Gil Evans, Civil Engineer, Bollinger and Lach said that the depth of the aerated pond is 3 feet in terms of water depth. From the top of the berm to the bottom is around 7 feet. Mr. Andrews said there is a combination of protections, along 22nd Street beside the curbing, there is an ornamental tree hedge the car would have to 40 go through and approximately 35 feet that it would have to drive off of 22nd Street. There is a landscape hedge and an additional hedge before you get to the sloping. Many of these were implemented after meetings with Mr. Kallien and Mr. Durfey. Chairman Davis said that it appears that the standards have been met for the grant of two special uses, one for a drive -thru facility and one for outdoor dining. No one in the audience spoke in support or in opposition to the request. Motion by Member Young seconded by Member Mueller to recommend approval of the request from the McDonald's Corporation for two special uses. One is for a drive -thru facility and the other is for outdoor dining. In making this recommendation, the Zoning Board of Appeals finds that the petitioner has addressed the standards as required by Village Code, which are fully stated on pages C.6 of the case file, subject to the following: 1. Section 13 -10b -2 — recommend approval of special use for a Drive - In Establishments for Restaurants as requested and subject to VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 26 of 27 June 29, 2004 C • • development in substantial conformance to the site plan as proposed and amended. 2. Section 13 -1OB -2 — recommend approval of the special use for an Outdoor Dining Areas Adjacent To Restaurants as requested and subject to development in substantial conformance to the site plan as amended, subject to the conditions as detailed on page 10.3 of the Special Use booklet 3. Subject to the Plan Commission recommendations dated June 24, 2004 on pages 10.a through 10.c of the case file along with the amendments as presented at this meeting. ROLL CALL VOTE: Ayes: 5 — Members Ascher, Mueller, Shah, Young and Chairman Davis Nays: 0 — None Absent: 1 — Member Sanford. Motion Carried. 6. OTHER BUSINESS: There was no other business to discuss. 7. ADJOURNMENT: Motion by Member Mueller, seconded by Member Young to adjourn the meeting at 9:45 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien, Direc f Community Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 27 of 27 June 29, 2004 OTHER BUSINESS ADJOURNMENT