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Minutes - 09/01/2009 - Zoning Board of AppealsMINUTES OF THE SEPTEMBER 1, 2009 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON OCTOBER 6 , 2009 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 7:30 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Natalie Cappetta, Baker Nimry, Joseph Rush, Steven Young and Wayne Ziemer IN ATTENDANCE: Mark Moy, Trustee and Robert Kallien, Jr., Director of Community Development Chairman Davis welcomed new member Natalie Cappetta to the Zoning Board of Appeals. Chairman Davis recognized and thanked former member Glenn Krietsch for his years of service and many contributions to the Zoning Board of Appeals. 3. APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF AUGUST 4, 2009 Motion by Member Rush, seconded by Member Young to approve the minutes of the August 4, 2009 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. . JOINT SPECIAL MEETING OF THE ZONING BOARD OF APPEALS and PLAN COMMISSION OF JUNE 3, 2009 Motion by Member Young, seconded by Member Rush to approve the minutes of the June 3, 2009 Joint Special Meeting of the Zoning Board of Appeals and Plan Commission as written. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 8 September 1, 2009 i. 4. UNFINISHED BUSINESS There was no unfinished business to discuss. UNFINISHED BUSINESS 5. NEW BUSINESS NEW BUSTNESS A. NAI HIFFMAN ON BEHALF OF OAK BROOK PROMENADE,_ LLC - NA' H'FFMAN OAK TEXT AMENDMENT - B -1 DISTRICT - TO AMEND SECTION 13- FROMENADE FOR BROO - K 7A -1 OF THE ZONING ORDINANCE TO INCLUDE: "SCHOOLS, TEXT AMEN o nnMMERCIAL: BUSINESS, TRADE. MUSIC and DANCE COMMERCIAL Chairman Davis swore in those that would be providing testimony. Michael VanZandt, a partner at NAI Hiffinan and Oak Brook Promenade, LLC reviewed a request for approval of a text amendment to allow commercial schools in the B -1 District as a permitted use. The Plan Commission recommended approval conditioned that the use is limited to second floor space and to allow a maximum of 10 percent of the total square footage of the shopping center provided that adequate parking is provided to accommodate the use. Director of Community Development Kallien commented that the language they are seeking is what currently exists in the B -2 District. Mr. VanZandt said that over the course of their leasing they have had a fair number of those types of uses, such as Yoga instructions look at tenant space. They have been unable to pursue these kinds of tenants and are seeking the amendment. Chairman Davis said that it appeared the rationale to limit the use to the second floor was due to generating revenue. Some of the permitted uses that are allowed in the B -1 District include bakeries, fire stations, health clubs, launderettes, police stations, etc. He questioned what would be the difference between those types of uses and beauty schools. He asked what type of revenue source a health club could have on site and whether a beauty school would sell anything to the public. Mr. VanZandt said that a health club could sell gear or related equipment and did not know if a beauty school would have retail sales. Member Rush if they felt a retail store would be more suitable on the first floor rather than the second. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 8 September 1, 2009 Mr. VanZandt responded that a retail store would be more suitable on the ground floor. Chairman Davis questioned if the Promenade had something suitable for a beauty school on the ground floor and in what way it would not be suitable. Mr. VanZandt said that would depend if the school needed more space than they could provide. The only way it would not be suitable would be if they required more space than they could provide. Director of Community Development Kallien said that the Promenade is a unique project. It is zoned B -1 and is the only B -1 parcel that has a second floor. The Promenade has a blend of retail, restaurants and office and was approved under that scheme. As part of the Ordinance that approved the Promenade there were a number, of excluded uses. Some of the permitted uses in the B -1 District are not allowed at the Promenade by Ordinance, which was at the request of the applicant. Office space is restricted to the second floor in this development. It was also approved as a TIF and would beneficial to all parties if there is a maximization of retail on the site to generate sales tax. The Village pays off its share through the TIF funding, so it is in the Village's interest to meet certain thresholds, it has to make up the difference. Office space was limited to approximately 40,000 square feet. The mix was decided upon to meet the parking requirements of the combined uses. Not all of the uses have the same trip generation throughout the day. There are four B -1 sites in Oak Brook. Member Nimry said that the limitation of the 10 percent space for schools was brought up at the Village Board meeting before it went to the Plan Commission. When the TIF was initially approved for the sales tax produced by the project. If the development starts moving from retail and restaurants to schools and offices then the Village would lose that. Director of Community Development Kallien responded that was the direction from the Village Board because they were concerned that providing too much school in this development would somehow degrade from generating sales tax and possibly impacting the TIF. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 8 September 1, 2009 Member Nimry said the initial calculation for the TIF was based on a percentage. As long as that it does not exceed the allowable office use as pern fitted in its development, it should not impact the TIF. Director of Community Development Kallien responded that the parking ratio for office is 3.3 spaces per 1,000 square feet and schools would be 4 spaces. When the Promenade was presented to the Village Board there were no extra spaces. In reality how things are leased it could impact it. There have not been any parking problems. Chairman Davis said that a retailer would prefer ground floor space. He questioned if the applicant was satisfied with the 10 percent restriction of second floor space. Mr. VanZandt responded that would be okay, but they would prefer more. Chairman Davis said that he did not know if requiring a 10 percent restriction would be good one, because the Promenade should be able to rent as much space as they have available. Member Young said that it could be any type of commercial school that may require more space. The Village should be careful of dances and massage parlors that may be on a second floor space. If a beauty school is brought into the second floor level, they would need to supply adequate ventilation and environmental controls in place to support that type of school. The applicant addressed the required factors for a text amendment as follows: 1. Character of the neighborhood Because of the location and the surrounding properties which are commercial it will not have any impact on the character of the neighborhood. 2. The extent to which property values are diminished by the particular zoning restrictions. The text amendment will allow them to lease to various tenants, which they cannot at the present time. 3. The extent to which the removal of the Existing Limitations Would Depreciate the Value of Other Property in the Area. The Center is located in a commercial and retail corridor and the uses VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 8 September 1, 2009 allowed by the text amendment will be consistent with surrounding uses. 4. The suitability of the Property for Zoned Purposes Not applicable. 5. Existing Uses and Zoning of Nearby Properties. Not applicable. 6. The Length of Time Under the Existing Zoning that the property has remained unimproved considered in the context of land development. Not applicable. 7. The Relative Gain to the Public as Compared to the Hardship Imposed on the Individual Property Owner. It adds to the value by adding to the unique experience as to what a lifestyle center is. 8. The Extent to Which the Proposal Promotes the Health, Safety, Morals or General Welfare of the Public. This was addressed in their testimony. 9. The Relationship of the Proposed Use to the Comprehensive Plan. Not applicable. 10. Community Need for the Use Proposed by the Property Owners. This amendment will allow first class popular services that the area could benefit from. Member Rush questioned if there was a lower level at the Promenade. Mr. V anZandt responded that there was only the parking garage. Member Rush noted that a lot of people overlook the fact that those coming in to go to the school, draw more people into the community, which is a plus. Once they are here they may look at the other stores and buy something. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 8 September 1, 2009 No one in the audience spoke in support of or in opposition to the request. Member Bulin noted that because it is a text amendment it will affect all B -1 Districts even though the discussion has centered on the Promenade and the 10 percent issue has been raised because of the Promenade. This may affect any B -i development in the future. By applying the 10 percent, makes it more of a. variation than a text amendment, because it is focusing on one piece of property. The Trustees may be looking at it as one piece of property, not a text amendment for the B -1 District. Member Nimry said that the Promenade is a TIF. In his opinion the Promenade could go up to the 40 percent allocated for office space as long as the retail area is not impacted. Chairman Davis said that if the use is limited to the second floor, there would not be retail located there anyway. Director of Community Development Kallien said that although good points were made, the Promenade is the only development in the B -1 District that has a second floor. If any of the other properties ever expanded or redeveloped they would fall under the PUD Regulations and anything can be mixed. Member Young said that if a Cordon Blue cooking school were brought in, there would be kitchen sold that would be added to the sales tax and if it were located on the first floor there would be plenty of people looking for it. Director of Community Development Kallien said that the parking for schools is less than retail, but more than for office. If 40,000 square feet of second floor space was converted to a school use, then there would not be enough parking. Member Nimry said that the 10 percent should come out of the office space, not the available retail space. Mr. VanZandt said that based upon the 10 percent they could utilize up to 18,000 square feet for school use. Director of Community Development Kallien noted that the B -2 District has two different properties; the Oakbrook Center and the Bank building to the north. They have the same language without any caveats, The Oakbrook Center has approximately 2 to 2 -1/2 million square feet of space and he did not believe that any of the proposed school uses are located on the property. Member Bulin said that from a zoning perspective he did not believe it would VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 8 September 1, 2009 be correct to place those conditions and it would not be lawful. Chairman Davis said that the Zoning Board of Appeals could propose the text amendment without restrictions and then the Village Board could get the opinion of legal counsel as to what would be appropriate. The more conditions that are attached you could be looked at as spot zoning. Director of Community Development Kallien said that typically text amendments do not have a lot of conditions. Chairman Davis noted that the standards had been addressed in the testimony presented and were provided in writing on page C of the case file. The Plan Commission unanimously approved the requested text amendment subject to certain conditions. The Zoning Board of Appeals had concerns about setting specific limitations that relate to this property in the text amendment and whether those could be imposed. When the recommendation goes to the Village Board, the limitations could be considered with the advice of the Village Attorney. Motion by Chairman Davis, seconded by Member Bulin that the applicant had addressed the required standards to recommend approval of the requested text amendment to allow "schools, commercial: business, trade, music and dance" as a permitted use in the B -1 District. ROLL CALL VOTE: Ayes: 7 — Members Bulin, Cappetta, Nimry, Rush, Young, Ziemer and Chairman Davis Nays: 0 — None. Motion Carried. 5. B. ZIJBI — 3719 MADISON STREET — APPEAL DECISION OF THE ZUBI SON ST 719 CODE ENFORCEMENT OFFICER — FENCE HEIGHT — NATURAL APPEAL - FENCE GRADE HEIGHT - NATURAL GRADE Chairman Davis opened the public hearing on the matter and noted that a request had been received from the attorney representing Mr. Zubi seeking to continue the hearing until July 3, 2009. Motion by Chairman Davis, seconded by Member Rush to continue the public hearing on the appeal as requested by the applicant to the regular Zoning Board of Appeals meeting on November 3, 2009. ROLL CALL VOTE: Ayes: 7 — Members Bulin, Cappetta, Nimry, Rush, Young, Ziemer and Chairman Davis Nays: 0 — None. Motion Carried. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 8 September 1, 2009 6. OTHER BUSINESS OTHER BUSINESS 7 Director of Community Development Kallien provided an overview of the upcoming agenda items. There was no other business to discuss. I:11 [as pum�MN Motion by Member Young, seconded by Member Rush to adjourn the meeting at 8:171 p.m. VOICE VOTE: Motion carried ATTEST: Robert Kallien, rector f Community Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 8 September 1, 2009 i1-2_ - ADJOURNMENT