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Minutes - 07/07/2009 - Zoning Board of AppealsMINUTES OF THE JULY 7, 2009 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON AUGUST 4, 2009 1. 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 7:33 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT. Chairman Champ Davis, Members Baker Nimry, Joseph Rush, Steven Young and Wayne Ziemer ABSENT: Members Jeffrey Bulin and Glenn Krietsch IN ATTENDANCE: Mark Moy, Trustee, Robert Kallien, Jr., Director of Community Development and Dale Durfey Jr., Village Engineer 3. APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF JUNE 2, 2009 Motion by Member Young, seconded by Member Rush to approve the minutes of the June 2, 2009 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business to discuss. 5. NEW BUSINESS NEW BUSINESS A. MC DONALD'S CORPORATION — 2111 McDONALD'S DRIVE -- McDONALD's -- 2111 McDONALD's VARIATIONS --- PARKING REGULATIONS AND LANDSCAPE DR — VARIATIONS REGULATIONS -- PARKING AND LANDSCAPE REQ Chairman Davis swore in those that would testify. Joe Endress, Vice President, McDonald's Corporation said that they were VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 9 July 7, 2009 --�z seeking relief to the parking requirements at 2111 McDonald's Drive. Presently, the building is completely occupied. When they went through the process in 1971, they had a restaurant and a bank on the site, but did not occupy much of the building. At that time, McDonald's had overbuilt the building beyond their needs and were surprised that it has been completely occupied, which they recognize today was smart planning at that time. They eliminated a data center on two floors of the building that will be occupied by office occupants that require more parking than that of the light occupancy needs of a data center. Since the density of the building has been increased, so has the need for more parking. In 1971 the parking space requirement was reduced because the restaurant was opened at night, not during the day, and was used when the building was empty, so there was not the need for the parking at that time. Through the years there has been an increase of employees in the building and they had been able to use the Plaza 2 site for additional parking, where the McDonald's restaurant on Spring Road is located. At this point in time the capacity of the building has led them to need more parking. They have been good citizens of Oak Brook and have always provided appropriate landscaping in the Village. One of their requests is to delay the installation of the landscaping on the property until the 22nd Street construction has been finished. They would comeback with a landscape plan in the spring of 2010. Brendan Daly, Civil Engineer, Bollinger Lach Associates said that he worked on this project through the planning and design stage. He reviewed each of the five variations requested. They were being sought relating to the parking and landscaping requirements. McDonald's does not intend to locate parking any closer to 22nd Street than the parkin which currently exits. There are 6 spaces located south of the building at 22" Street, and they intend to keep the parking in line with the existing spaces and add 20 spaces that are 36 feet deep. McDonald's has a parking system in place that has been used and has worked for over 20 years. The first request is to allow additional parking within the 50 -foot setback. The second request is to allow relief to the provision that all spaces can exit in a drive aisle so the spaces would be stacked. This type of request would not work m a retail parking lot. However, McDonald's has a system in use so that no one is blocked in. The request is only for the parking spaces located on the southwest side of the site. On the west side of the lot, they are seeking an elimination of the required landscaping. The existing curb line on the south edge of the access aisle is on the property line. McDonald's cannot landscape in the IDOT right of way because they do not own the property. In addition a bike path is being included in that area as part of the 22nd Street road widening VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 9 July 7, 2009 project. As it exists, there is currently no landscaping in that area. The curb line and property line are in the same location. They are requesting that the condition remain the same, which currently does not have landscape screening and would not be added in front of the 20 spaces. On the east side of the site they are requesting two variations. The intent is to expand the parking lot this year, but because of the 22nd Street widening and the planting season, they do not know yet at this time IDOT's plan as to what the 22 "d Street would look like. It is under construction, but they do not know what the final product will look like so they cannot provide a valid landscape plan, either from the screening height or type of plantings. They are not asking to break any rules, but to postpone the timing of installation. They will submit a landscape plan in the future that would go through the usual approval process. The second part of the request so to reduce the height of the screening from the required four (4) feet. Because of Best Management Practices and what they are potentially proposing to do, they do not know if it is practical to put in 4 -foot high landscape screening because they do not know what will fit or whether or not it would even be necessary due to the grade change when it is finished, which will include walls, slope, etc. Chairman Davis commented that there are many unknowns in the future for approvals needed at a later date. Director of Community Development Kallien said that the applicant would like to defer the request for the landscaping requirement and to allow a reduction in the height of the landscaping to be less than the 4 -foot requirement. Village Engineer Durfey said that the Clearwater project was granted a 2 -foot high screening requirement, but a landscape plan was provided. Mr. Daly responded that it was not their intention to eliminate the landscaping, but to request they would provide a minimum 2 -foot high screening across the east half and they may meet the 4 -foot requirement, but at this time it is an unknown. This would be based upon the final grade change from 22"d Street to the area of the future parking and what would physically fit within the 23 feet at a 3 to 1 slope, and what could be planted on the slope and still provide the drainage requirements. Village Engineer Durfey commented that the right of way, from the location of the current McDonald's sign at a certain elevation, continues to go up 2 to 3 feet as you come to the new parking on the east portion. Based upon that there is already a 2 to 3 foot rise in elevation, which partially accomplishes some of the screening goal. By adding another 2 feet of landscaping would bring them VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 9 July 7, 2009 close to the 4 -foot requirement. The worst case would be the western side of the east portion, as you go east toward the tollway the grade increases even more. Chairman Davis noted that, there had never been landscape screening on the west portion of the lot because the curb line is are right at the property line. Mr. Daly responded that was a previously approved condition. Member Nimry noted that there was a drop in the elevation as it went east. Village Engineer Durfey agreed, but that was along the tollway fence line. By the time you get to the tollway it goes down. Member Nimry questioned why that portion of the variation requested shouldn't be continued until the road work is finished. Village Engineer Durfey responded that the variation approval relates to the issuance of the construction permit, which could not be issued if they did not meet that section of the Code. Director of Community Development Kallien said that the applicant has agreed to put in landscaping, but do not know what the height would be. Based upon the elevation change at the road and where the parking is located; it would be reasonable to require a minimum of 2 -foot high landscaping. They would then really be meeting the intent of the Code, which is to provide a barrier between the roadway and the car headlights. With the grade changes, the cars may literally be 10 feet above the road, which is consistent with what has been approved elsewhere. Village Engineer Durfey noted that the applicant had provided the grade change information and that the site line would be over the top of the vehicles on the road, which he does not disagree with. Director of Community Development Kallien said that the intent of the Code was if there was a parking lot and roadway at the same grade, the 4 -foot landscape screen basically shielded the headlights. In this case, with the grade separation, the cars and headlights would not be a factor. The applicant is stating the 4 feet requirement is not necessary and that 2 -feet would be sufficient. Member Nimry asked the Village Engineer if that was sufficient. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 9 July 7, 2009 eo� Village Engineer Durfey responded that it was. Chairman Davis asked the applicant to summarize the standards and noted that they had been addressed in writing for each request on page C of the case file. Member Young noted that the plight of the property owner in this circumstance was very unique, given what was going on with the 22" d Street road widening. Mr. Daly summarized the standards as follows: • The plight of the property owner is the change in the density of the building since 1971 and its need for daytime parking. The nighttime restaurant is no longer part of the equation and the data centers located in the building are being converted for office space so there are more daytime employees that require parking. • There is an irregularly shaped right -of -way across the front of the property, which is based upon IDOT right-of-way takings and previously approved plans. The east half and west half of the property lines do not match across the front. By taking the 50 -foot setback off of an irregularly shaped right-of-way they have unique circumstances. • As far as hardship, there is physically not any other place on this property to provide parking. The request does not change the spirit or use of the parking lot. They are not locating any parking spaces closer to the right -of -way or property line than what exists and what the village had previously approved. McDonald's has a unique system in place to park cars, which would not typically work for other parking lots. Mr. Endress added that there are tandem spaces at other buildings and have been operating them for about 20 years. People apply for the tandem spots, which guarantee them a parking space. They receive a special sticker for their car and a buddy that shares the space. They coordinate the comings and goings from the space. The cars face into the building so that the headlights do not go onto 22"d Street. The campus currently uses the system, which has worked well. Mr. Daly said that the site is currently under construction and the grades have not been confirmed by IDOT, including stormwater. The request for the reduction of 2 -feet height screening is partially based upon the change in elevation. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 9 July 7, 2009 amp ,.06� Member Nimry questioned the possibility of adding any landscaping on IDOT property to help screen the headlights. Village Engineer Durfey commented that the drive aisle is one way westbound and when the cars back out of the space the headlights would not head toward 22nd Street. Mr. Daly said that there is a grade change on IDOT property, plus the bike path will be added in the right of way, all of which they have not been provided final plans from IDOT. There will be very little space in the side slope. Member Nimry questioned the impact of the lack of screening in light of the Village's beautification project. Would IDOT allow the landscaping to be placed in the ROW? Director of Community Development Kallien said that with the Village's financial issues some of the beautification projects have been delayed. He noted that the Village also has been dealing with objects in the right -of -way and we are trying to minimize the number of intrusions in it. In this case, if we try to require it, we would be trying to encourage the placement of vegetation in IDOT's right of way, which appears to be a contradiction. Member Rush said that most towns have landscape and trees in the right of way. Mr. Daly responded that under IDOT requirements they do not care how pretty it looks, they care how safe it is. In this case, there is an existing condition that they are happy with. They are widening the road and adding a bike path. Along with the slope there is uncertainty to what the grades will be or what landscape could survive there. 22nd Street has many utilities within the right -of- way. In this case, part of the hardship is that the curb is located along the property line. The state is doing work on the roadway and the area is full of utilities. With respect to the headlights, by dinnertime most of the parking lot would be empty. No one in the audience spoke in support of or in opposition to the request. Motion by Member Nimry, seconded by Member Ziemer that the applicant addressed the required standards to recommend approval of the request to permit a variation to Section 13- 12 -3H.2 to reduce the required setback along 22nd Street from 50 feet to approximately 25 feet, subject to the following VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 9 July 7, 2009 conditions: 1. The development shall be in substantial conformance with the revised site plan dated June 15, 2009. 2. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 3. Add the provision "Not withstanding the attached exhibits, 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: 5 — Members Nimry, Rush, Young, Ziemer and Davis Nays: 0 — None. Absent: 2 — Member Bulin and Krietsch, Motion Carried. Motion by Member Young, seconded by Member Nimry that the applicant addressed the required standards to recommend approval of the request to permit a variation to Section 13 -12 -3 to increase the number of parking spaces permitted in the front yard to 43 spaces. 20 of the spaces on the west side of the property would be constructed to a depth of 36 feet and will be used to double stack vehicles, the front portion of these spaces will not have access directly upon an aisle, subject to the following conditions: 1. The development shall be in substantial conformance with the revised site plan dated June 15, 2009. 2. The cars are to face north in the spaces (toward the building not 22"d Street), 3. The 20 oversized spaces will be marked as reserved spaces with internal controls and enforcement plan. 4. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 5. Add the provision "Not withstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." Motion by Member Ziemer, seconded by Member Nimry that the applicant addressed the required standards to recommend approval of the request to permit a variation to Section 13-12 -3 to defer the completion of the required landscaping to coincide with the completion of the 22nd Street bridge project as it relates to the subject property, subject to the following conditions: 1. Comply with all other applicable rules and ordinances of the Village of VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 9 July 7, 2009 Oak Brook. 2. Add the provision "Not withstanding the attached exhibits, 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: 5 — Members Nimry, Rush, Young, Ziemer and Davis Nays: 0 — None. Absent: 2 — Member Bulin and Krietsch, Motion Carried. Motion by Member Young, seconded by Member Nimry that the applicant addressed the required standards to recommend approval of the request to permit a variation to Section 13 -12 -4B to reduce the required height of the landscaping on the east side of the lot from 4 feet to a minimum of 2 feet, subject to the following conditions: 1. The development shall be in substantial conformance with the revised site plan dated June 15, 2009. 2. Comply with all other applicable rules and ordinances of the Village of Oak Brook. ° 3. Add the provision "Not withstanding the attached exhibits, 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: 5 — Members Nimry, Rush, Young, Ziemer and Davis Nays: 0 — None. Absent: 2 -- Member Bulin and Krietsch, Motion Carried. Motion by Member Rush, seconded by Member Ziemer that the applicant addressed the required standards to recommend approval of the request to permit a variation to Section 13 -12 -4B to allow the elimination of the required landscape screening on the west side of the property subject to the following conditions: 1 After all IDOT roadwork and parking lot expansion is completed, and it appears that landscape screening would be beneficial, then an effort is to be made between, McDonald's, IDOT and the Village to permit screening in the IDOT right of way along 22nd Street. 2. The development shall be in substantial conformance with the revised site plan dated June 15, 2009. 3. Comply with all other applicable rules and ordinances of the Village of Oak Brook. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 9 July 7, 2009 4. Add the provision "Not withstanding the attached exhibits, 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: 5 — Members Nimry, Rush, Young, Ziemer and Davis Nays: 0 -- None. Absent: 2 — Member Bulin and I�rietsch, Motion Carried. 6. OTHER BUSINESS There was no other business to discuss. 7. ADJOURNMENT: OTHER BUSINESS ADJOURNMENT Motion by Member Rush, seconded by Member Ziemer to adjourn the meeting at 8:35 pan. VOICE VOTE: Motion carried ATTEST: e---r Robert Kallien, irector of C mmunity Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 9 of 9 July 7, 2009