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Minutes - 11/03/2009 - Zoning Board of AppealsMINUTES OF THE NOVEMBER 3, 2009 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MARCH 2, 2010 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: ROLLCALL 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 3. APPROVAL OF MINUTES: MINUTES MIR1 • N ' • ' ' • • i • • • ' 11' Motion by Member Rush, seconded by Member Nimry to approve the minutes of the October 6, 2009 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS A. ZUBI — 3719 MADISON STREET — APPEAL DECISION OF THE ZUB1 - 7719 MADISON ST - 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 letter had been received from the attorney representing Mr. Zubi by agreement of all parties to continue the hearing until January 5, 2010. Motion by Member Ziemer, seconded by Member Bulin to continue the public hearing on the appeal as requested by the applicant to the regular Zoning Board of Appeals meeting on January 5, 2010. ROLL CALL VOTE: VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 18 November 3, 2009 Ayes: 7 — Members Bulin, Cappetta, Nimry, Rush, Young, Ziemer and Chairman Davis Nays: 0 — None. Motion Carried. There was no other unfinished business to discuss. NEW BUSINESS A. YORK ROAD DEVELOPMENT PARTNERS LLC — 1800 1802 and 1806 YORK ROAD — MAP AMENDMENT TO REZONED THE PROPERTY FROM R -3 to 0-4: TEXT AMENDMENT TO ADD "MEDICAL OFFICES" IN THE 0-4 DISTRICT. AND SPECIAL USE — TO ALLOW THE CONSTRUCTION OF A MEDICAL OFFICE ON THE PROPERTY Chairman Davis swore in those that would be providing testimony. Robert Oldenburg, Irgens Development Partners, represented the applicant, York Road Development Partners, LLC and introduced the project group consisting of the Proteus Group, as the project architect, the V3 Companies, as the Project Traffic Engineer and the Hitchcock Design Group as the Landscape Architect. He reviewed the proposed development on the site, which currently has 3 addresses 1800, 1802 and 1806 York Road that is a total of 2.37 acres. The property is surrounded by I -88, the ramp between I -88 and the I -294 ramp and York Road. It is a very unique site and in order to redevelop it and create a financially feasible project on it, they have a genuine need for the variances and setback relief, requested. There are also some unique off site infrastructure costs such as the improvements to both the existing intersection and York Road as well as extending some utilities to the site such as sanitary sewer, water and electrical. They must maximize this site in order to make it financially feasible for their group, which is the reason for the variances requested this evening. Mark Maturo represented the Proteus Group as Project Architect and provided a overhead display of the project and reviewed the site plans and variations being requested: • The structure will be a 3 -story glass and masonry building - approximately 74,000 square feet. • Building to be located toward the far end of the property. • Access will be through the frontage road. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 18 November 3, 2009 NEW BUSINESS YORK ROAD DEVEL- 1800, 1802, 1806 YORK RD — MAP an d TBxT AMENDMENT — SPECIAL USE — MEDICAL OFFICE BLDG • Two levels of underground parking and surface parking. • A new section of berming (reviewed below) • They will maintain the bike path along York Road Craig Farnsworth — Hitchcock Design Group, Landscape Architect reviewed the landscape plan depicting a cross section of the building, including the required 4 -foot high earth berm and York Road. (The four feet was measured from the parking lot grade.) In addition to the requirement, There will be a mixture of evergreen trees, shade trees and deciduous shrubs so that people from across the street from York Road or the bike path would not see the front of cars just the building above the berm. Mr. Oldenburg said that they are requesting to rezone the property from R -3 to 0-4 consistent with the other properties along York Road. They are also seeking a text amendment to add "medical offices" as a special. use in the 0-4 district. Finally, they are seeking a special use in order to construct a medical office building. Mr. Oldenburg reviewed the Amendment Standards for the Map and Text Amendment as follows: 1. Character of the neighborhood The character of the neighborhood is a transitional area with commercial just south with corporate office and retail and to the east is a single family neighborhood. To the north, outside of Oak Brook is the Elmhurst Hospital that is being constructed at Roosevelt Road and York Road. 2. The extent to which property values are diminished by the particular zoning restrictions. The interstate boundaries on 3 sides of the property, they believe this is a good fit and will not diminish any of the surrounding properties. In addition, they will be making improvements to the signalized intersection on York Road, which will improve access and provide safety for the cars and residents that live in the neighborhoods. 3. The extent to which the removal of the Existing Limitations Would Depreciate the Value of Other Property in the Area. The response is the same as item 2. Building a medical office on the site will not have any negative impact on the residential properties. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 18 November 3, 2009 4. The suitability of the Property for Zoned Purposes The Elmhurst Hospital being built through the north, make this an ideal site for a medical office building. 5. Existing Uses and Zoning of Nearby Properties. Residential to the east and the west across from the interstate, 0-4 District to the south with a mixture of office and commercial uses. 6. The Length of Time Under the Existing Zoning that the property has remained unimproved considered in the context of land development. It has been residential since the 1950's 7. The Relative Gain to the Public as Compared to the Hardship Imposed on the Individual Property Owner. The public will benefit from the redevelopment of the property and will improve the overall aesthetics of the neighborhood by adding a Class A medical office facility. It will provide a service to the nearby community, and will outweigh any negative impacts. 8. The Extent to Which the Proposal Promotes the Health, Safety, Morals or General Welfare of the Public. It will be a Class A office facility, with doctor's offices and primary care facility along with medical specialists. . 9. The Relationship of the Proposed Use to the Comprehensive Plan. In reviewing the Commercial Revitalization Plan, this is a transitional site, with offices located to the south and the hospital to the north. They believe this is a great fit within the Commercial Revitalization Plan. 10. Community Need for the Use Proposed by the Property Owners. They have done extensive research in Oak Brook and there are no Class A office medical buildings in Oak Brook. Chairman Davis swore in those that would testify from the public. William Woodward, represented the owners at 606 Lakewood Court, questioned that the proposed improvement and signal improvements would be implemented prior to the opening of the property. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 18 November 3, 2009 Mr. Oldenburg responded that they would. No one in the audience spoke in opposition of the requests. Chairman Davis noted that the Zoning Board of Appeals was in receipt of the Plan Commission recommendation for approval of the requested map amendment, text amendment and special use. MAPAMENDMENT Chairman Davis noted that the Zoning Board of Appeals was in receipt of the Plan Commission recommendation for approval of the requested map amendment. He said that the applicant had addressed the standards as required for approval of a map amendment. Motion by Member Young, seconded by Member Ziemer that the applicant had addressed the required standards to recommend approval of the proposed map amendment to rezone the subject property located at 1800, 1802 and 1806 York Road from R -3 to 0 -4. ROLL CALL VOTE: Ayes: . 7 — Members Bulin, Cappetta, Nimry, Rush, Young, Ziemer and Chairman Davis Nays: 0 — None. Motion Carried. TEXT AMENDMENT Chairman Davis noted that the requested text amendment was to add "medical offices" as a special use in the 0-4 District. He added that the applicant had addressed the standards as required for approval of a text amendment. Motion by Member Young, seconded by Member Nimry that the applicant had addressed the required standards to recommend approval of the proposed text amendment to include "medical offices" as a special use in the 0-4 District. ROLL CALL VOTE: Ayes: 7 — Members Bulin, Cappetta, Nimry, Rush, Young, Ziemer and Chairman Davis Nays: 0 — None. Motion Carried. SPECIAL USE Chairman Davis said that applicant has requested a special use to allow the construction of a medical office building on the subject property. Mr. Oldenburg reviewed the special use standards as follows. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 18 November 3, 2009 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location. This standard does not apply to this proposal since it will not be operated by a public agency. Subsection Al describes public uses and the proposal is entirely private in character. 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; The building will be constructed using highly qualified contractors in strict accordance with Oak Brook's building codes. The building will consist of high quality building materials to ensure a first rate building and they intend to obtain some type of green certification so that it is environmentally family in the design and construction. They have kept the building height to a minimum in that the 0-4 District allows up to an eight story building to be constructed. It was kept at a low rise height to limit any negative impacts to the adjacent residences. They not only provided the four foot bean as required by Code, they also included additional plantings on the berm to provide further screening of the building and parking areas from York Road. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located Replacing the older single family residences on the overgrown lots would have a positive impact on property values throughout the area. The improvements to York Road and the intersection will improve the safety of the residents that live in the adjacent neighborhood. Chairman Davis said that the Plan Commission had recommended unanimous approval, but had included the condition that the applicant would consolidate the parcels prior to the issuance of a building permit and that the medical office would not contain a surgical center. The applicant agreed. Member Bulin questioned the proposed York Road and intersection improvements. Michael Hullihan Village Engineer/Director of Public Works responded that during the building permit process would be sufficient to ensure that they have sufficient fire apparatus access and traffic controls in order to service the property. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 18 November 3, 2009 1� Chairman, Davis asked whether that improvement would be beyond their scope for the special use request since they would not be located on the property. Michael Hullihan Village Engineer/Director of Public Works agreed. Member Rush said that the special use permit could be conditioned upon those improvements being made. Motion by Member Nimry, seconded by Member Young that the applicant had addressed the required standards to recommend approval of the proposed special use to allow the construction of a "medical office" on the property known as 1800, 1802 and 1806 York Road as proposed, subject to the following conditions: 1. The parcels on the subject property are to be consolidated prior to the issuance of a building permit; 2. The medical office building would not contain a surgical center. 3. Comply with Section 3002.4 of the 2006 International Building Code that requires that the elevator car to "be of such size and arrangement to accommodate a 24 -inch by 84 -inch ambulance stretcher in the horizontal, open position..." 4. That the accessory traffic control and access improvements are sufficient for fire apparatus access, public safety access and general public access is included in the general building permit application. 5. The development shall be in substantial conformance with the site plan and landscape plan as submitted and approved. 6. Approval of the proposed map amendment, text amendment and special use in order to the construct a medical office building. 7. 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: 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 18 November 3, 2009 VARIATIONS — FRONT -SIDE and REAR YARD SETBACKS Chairman Davis reviewed the requested variations and asked for clarification of the requested setback along I -88. Mr. Maturo responded that if this property backed up to an alley or a service drive, a 20 foot setback would be allowed. They were seeking a reduction from 40 feet to 20 feet, rather than 30 feet. Mr. Oldenburg addressed the required standards as follows: 1. a. 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: The variations are sought for the sole purpose of allowing a large enough building on the site in order to make it financially feasible. The shape, size and topography of the property are unique. The topography of the site increases the cost of excavating the soil and exporting them off the site. The setbacks are sought solely for the purpose of allowing the expansion of the building size in order to cover those costs. 1. b. The plight of the owner is due to unique circumstances. RESPONSE: The site is unique in that the property is bounded by major roads on all sides, along with the size, shape and topography. 1. c. The variation, if granted, will not alter the essential character of the locality. RESPONSE: The proposed project will fit in with the neighborhood and the commercial district to the south and the hospital to the north of the site. It will be built as a Class A facility, which will be consistent with the other properties in Oak Brook. 2. a. The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. RESPONSE: There is a 100 foot setback off of York Road along with the setbacks along the other property lines it would be extremely difficult to position a building onto the site within those parameters. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 18 November 3, 2009 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 other properties in the 0-4 District are regularly shaped larger parcels that are flat, which this site does not have. 1 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 setback request along York Road is purely to allow the installation of a canopy over the building. The building itself is set back further than 100 feet from the property line. The other setbacks on the property abut right -of -way land that is owned by the Toll Authority. It is wooded lots and there are no neighbors that would be affected. 2. d.The proposed variation will not impair an adequate supply of light and air to adjacent 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 variation, if granted would not alter the current supply of light and air to adjacent properties. There are not increased dangers or negative impacts to the property values in the neighborhood. 2. e. It will be a low -rise building that will not impact the light and air to adjacent properties. The building will be green certified and would be environmentally friendly for the neighborhood. RESPONSE: The variations requested are purely to make the project financially feasible to cover the costs of the unique factors. 2. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: They were not been the owner of the property; they are the contract purchaser. Member Nimry questioned the reason for the canopy on the building. Mr. Maturo responded that it is a glass and steel structure and the length is to allow several cars to be under it to allow people to exit the cars. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page �9io-f 18 November 3, 2009 i� Motion by Member Rush, seconded by Member Ziemer that the applicant had addressed the required standards and to recommend approval of the proposed variations to the setbacks as requested on the subject property as follows: 1. Section 13 -10E -3 (front Yard) To Allow an approximate 15 foot encroachment into the 100 foot front yard setback to accommodate a building canopy. 2. Section 13 -10E -3 (Rear Yard) Reduce the 40 foot rear yard setback to approximately 20 feet along I -88. 3. Section 13 -10E -3 (Side Yard) Reduce the side yard setback from 30 feet to approximately 5 feet along the south property line that abuts the Illinois Toll Authority. 4. The development will be in substantial conformance with the plans as submitted. 5. Not withstanding the attached exhibits, including Sheet A202 on Page O of the case file, the applicant shall meet all village ordinance requirements at the time of building permit application except as specially vaned or waived. ROLL CALL VOTE: Ayes: 7 — Members Bulin, Cappetta, Nimry, Rush, Young, Ziemer and Chairman Davis Nays: 0 — None. Motion Carried. VARUTIONS — PARKING - LOADING BERTH — LANDSCAPING The applicant testified that two loading berths as required by ordinance were not needed since it would be a used as a medical office building and requested a variation to allow only one berth. The applicant testified that the request to eliminate the parking lot landscape island because it could not be located over the below ground parking structure. The applicant testified that the request to eliminate the landscaping along the north property line to accommodate the access road and to allow access from the western portion of the building. Chairman Davis noted that the standards were addressed in writing by the applicant on page K of the case file. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 10 of 18 November 3, 2009 Motion by Member Ziemer, seconded by Member Rush that the applicant addressed the required standards and to recommend approval of the proposed variations as requested on the property located at 1800, 1802 and 1806 York Road as follows and subject to the additional conditions below: 1. Section 13- 12 -3H.2 (Parking) to allow more than the maximum 6 parking spaces to be located 30 feet from the east property line and 5 feet from the south property line. Approximately 51 spaces, as shown on the site plan. 2. Section 13 -12 -7 (Loading Berths) Reduce the number of loading berth from two (2) to one (1) that would be located along the south property line. 3. Section 13 -12-40 (Parking Lot landscaping) Reduce the requirement for landscaped parking lot islands that are located above a structured parking facility as presented on the site plan. 4. Section 13 -12 -4B (Landscaping) to eliminate the required landscaping along the north property line. The development will be in substantial conformance to the plans as submitted. 5. The development will be in substantial conformance with the plans as submitted. 6. Notwithstanding the attached exhibits, including Sheet L101 on Page O, the applicant shall meet all village ordinance requirements at the time of building permit application except as specially varied or waived. ROLL CALL VOTE: Ayes: 7 — Members Bulin, Cappetta, Ninny, Rush, Young, Ziemer and Chairman Davis Nays: 0 — None. Motion Carried. 1r. L tl1V1rIINI IV10114 1 D U1011111.10 - 1U M1V1D1V1J Jrl.11U1V 1.7- /-JD OF THE ZONING ORDINANCE TO INCLUDE: "FARMERS MARKETS" Chairman Davis swore in those that would be providing testimony. John Brechin, 619 Addison Road, Addison, Illinois Attorney for the applicant, reviewed the text amendment for a permitted use in 13 -7 -313. He defined the farmers market and commented on the reasoning of some of the selected language as follows: VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 11 of 18 November 3, 2009 NAI HIFFMAN - OAK BROOK PROMENADE, TEXT AMEND - B DISTRICTS - "FARMERS MARKETS" "Farmers markets and/or French Markets involving the sale of flowers, culinary accessories and other edible items for consumption off the premises where the sale is made provided that the following conditions are met: a. Sale of used or pre -owned items is not permitted. He noted that this condition was added specifically to prevent any type of flea market type of use would be dispelled immediately, because if it is a used item it could not be sold and would not be permitted to be sold. b. Farmers Market and/or French Market may be conducted no more than one day per week on any property zoned for business purposes. c. All signage and setback requirements of the underlying zoning district must be met. He explained that any signage would require that it comply with the size and location requirements in the ordinance. The Promenade property has some flexibility on its property since it has not used all of its allowable signage so there is additional signage available. Any additional signage that would relate to a farmers market would require the review and approval of the Community Development Department. d. The property on which the Fanners Market and/or French Market is conducted complies with all the parking requirements of the underlying zoning district or, in the alternative, the petitioner demonstrates that notwithstanding any temporary noncompliance, the conduct of the event will not impose any undue traffic or parking burden on surrounding properties and streets; and He explained that the Promenade site has 1255 parking spaces on the site and they do not expect more than 60 spaces would be used for any farmers market event. With the other outdoor events there has never been any instance that there have not been many unused spaces available. e. The Farmers Market and/or French Market is approved by the Department of Community Development upon application and submittal of all required information from the property owner detailing prospective compliance with the conditions herein. The Plan Commission recommended that the text amendment be listed as a special use in the B districts rather than a permitted use as requested by the applicant. He added that at the Plan Commission meeting he mentioned that there may be some B zoned properties where a fanners market would not be VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 12 of 18 November 3, 2009 appropriate, such as the Costco site due to the large volume of traffic, which goes in and out of that site, in order to maintain safe and efficient parking in order to have a farmers market event and there may be other properties. They have the luxury of size and space that is somewhat unique. They do not have any concerns of meeting any special use criteria should that be the ultimate decision of the village. There was a great deal of discussion at the Plan Commission meeting regarding questions raised by the Director of Community Development Kallien and he asked that that the actual minutes are included as part of this hearing. Chairman Davis asked if the applicant was still seeking a permitted use and Mr. Brechin indicated that they were. Chairman Davis clarified that if the Village Board approved the request as a permitted use any property owner in a B district could take advantage of it if they met the standards set forth in the text of the amendment. Mr. Brechin said that although the property owner would seek the use, the request has been driven by the tenants who are desirous of seeing this type of activity. It is anticipated that NAI Hiffinan would enter into a contract with a promoter. The promoter would then be responsible for the setup, break down, arranging permitted vendors and products; and ensure that they are in compliance with village, county health department requirements as well as the standards set by NAI Hiffman. There will be continuous monitoring of the promoter and vendors. DuPage County Health Department has regulatory authority over such events. Chairman Davis asked how the categories were chosen. Mr. Brechin responded that they Planners Handbook, had certain language and this was chosen for the suitability of a farmers market that typically allow not only food items, but cooking devices and flowers are very often part of the sales offered. Chairman Davis questioned that the parking controls in the text would manage whether the event could be permitted on a B zoned property. Mr. Brechin agreed, but added that Director of Community Development Kallien had told him the way that the tent events are set in the code, the burden of the review and approval is placed on him, when sometimes it would be more comfortable if the various wisdom of the boards, commissions and village VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 13 of 18 November 3, 2009 board also factored into any decision that would be made, which would lean toward the approval of a special use. STANDARDS Mr. Brechin addressed the Zoning Amendment Standards as follows: 1. Character of the neighborhood The character of the neighborhood is commercial and this type of activity fits well with this property and the rest of the commercial area property. 2. The extent to which property values are diminished by the particular zoning restrictions. . The proposed amendment will in no way diminish the property values and may increase sales activity. The motivation for the request came from the existing tenants for management to do whatever they could, that would be consistent with the site to bring more people to the site to encourage and bring in more traffic n order to bring in potential customers. Many of the businesses benefitted greatly from the summer car shows, which brought people onto the site that might not venture to that area otherwise. They believe the Farmers Market would have the same impact. 3. The extent to which the removal of the Existing Limitations Would Depreciate the Value of Other Property in the Area. The response is the same as item 2. 4. The suitability of the Property for Zoned Purposes The activities authorized by the proposed ordinance are suitable and consistent with commercial sales activities. 5. Existing Uses and Zoning of Nearby Properties. The uses located east are ORA -1, southeast is R -1, south is the tollway, west is ORA -1 and to the north is commercial property in the City of Oakbrook Terrace. There are no residential properties abutting this property. 6. The Length of Time Under the Existing Zoning that the property has remained unimproved considered in the context of land development. Not applicable. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 14 iof 18 November 3, 2009 ie14; 7. The Relative Gain to the Public as Compared to the Hardship Imposed on the Individual Property Owner. The proposed amendment would benefit the Village by encouraging commercial activity, which would generate sales tax, which is important to the Village. There are no grocery stores or outside food sales within the Village. 8. The Extent to Which the Proposal Promotes the Health, Safety, Morals or General Welfare of the Public. The amendment would have no effect on other properties in the area. It will provide amenities that are not currently available in Oak Brook. 9. The Relationship of the Proposed Use to the Comprehensive Plan. The amendment provides another variety of commercial sales activities, which is consistent with the Comprehensive Plan goals for the business districts. 10. Community Need for the Use Proposed by the Property Owners. It will benefit the public by adding an option that does not exist today for commercial sales and to provide the Village with another device that can generate sales tax revenue. Cathy McMullin, Property Manager for NAI Hiffman reviewed the site plan and layout for the Farmers Market/French Market. She noted that over the summer they had five car shows on the site, which drew a lot of people onto the site that not only walked around looking at the cars, but also started to explore the stores and restaurants in the Promenade. All of the restaurants had many more customers than usual on those days. The tenants walked, around and passed out coupons to bring them into the shops and restaurants. They perceive that by having a farmers market at the shopping center on a weekly basis may encourage people to stop for lunch or shop in one or more of the stores, in turn would encourage additional spending and revenue at the center. It was set up by the Robbins Brothers parking lot and none of the tenants complained about parking or problems. They estimated about 60 parking spaces would be used to set up the farmers market and would be enclosed in a u- shape. Trash receptacles would be set up and there are two full time porters that would constantly monitor the center to ensure that no debris accumulates on the site. They have encourage tenants to park below ground or in the south parking lot during that time to allow for more convenient parking to be available for the market. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 15 of 18 November 3, 2009 They did not intend to set up any portable toilets, because all of the restaurants were receptive in having those customers come in to utilize their facilities, which in turn would encourage additional business for them. Storage of the vans and excess materials could be located on the south side or underground. Member Nimry questioned if the farmers market turns out to just have those customers come in and shop at the market and leave without shopping elsewhere, would they discontinue the market. Ms. McMullin said that they would monitor the activities and would like to also set up a separate tent for the tenants at the Promenade to have coupons, flyers and manned by the tenants for that day. They would also check with the tenants to see if there would be increased sales. Member Nimry asked how the sales tax would be handled. He has seen at the Downers Grove farmers market that the cash transaction goes right into the vendors' pockets, and questioned how that would be monitored. Ms. McMullin responded that the promoter would need to register with the Village. As far as the cash transactions with the vendors, they will be working with the promoter not the individual vendors. Chairman Davis asked for clarification that the tenants would not be preparing food to sell in the tents and Ms. McMullin agreed. The tenants would be offering coupons. Member Cappetta questioned when the event would occur. Ms. McMullin responded that it would be held on a weekday, one day per week running from May through October, around 6 hours per day, during the time of day that the other stores would be open. Gail Polanek, Planning and Zoning Administrative Tech said that the Plan Commission recommended the text as proposed by the applicant be listed as a special use in the B Districts, which would require this applicant, as well as any other applicant to come back with a site plan for approval prior to opening a farmers market similar to that of an outdoor dining request that would be required to provide a site plan that would show the layout of the proposed use and address pedestrian safety, traffic protection and flow. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1�6 of 18 November 3, 2009 - \�,' Chairman Davis noted that all the conditions are included in the text amendment in order to have it allowed as a permitted use. Member Nimry commented that unlike the text that was initiated by Macy's, which allows the use for a two week period and limited to twice a year, this request is to operate 6 -9 months out of the year on a weekly basis. Chairman Davis said that the language provided for the Farmers Market has limitations on the items offered for sale. Member Bulin said that French markets are different than a farmer's market where there are antiques and used items are excluded from the sales. Mr. Brechin noted that the difference with this request from the text that Macy sought is that the tents are set up and stay up for two weeks. With the farmers market, the tents, tent structure and all accessory facilities are erected and taken down on the same day of the sale. Chairman Davis said by recommending the text as proposed, as a permitted use, the Village Board will make its decision as to whether it should be a permitted use as requested or a special use. If the Zoning Board recommends the text as a special use, as recommended by the Plan Commission, the Village Board would have both recommendations to list the text as a special use. With the conditions providing controls for the market in the text, it would save property owners time and money in order to seek special uses for these types of events, as long as they comply with the conditions imposed. The members agreed. Chairman Davis said that the standards had been addressed by testimony and in writing. Motion by Member Rush, seconded by Member Bulin that the applicant addressed the required standards and to recommend approval of the proposed text amendment to Zoning Ordinance Section 13 -7 -3B as requested below: 6. Farmers markets and/or French Markets involving the sale of flowers, culinary accessories and edible items for consumption off the premises where the sale is made provided that the following conditions are met: a. Sale of used or pre -owned items is not permitted. b. Farmers Market and/or French Market may be conducted no more than one day per week on any property zoned for business purposes. c. All signage and setback requirements of the underlying zoning VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 17 of 18 November 3, 2009 district must be met. d. The property on which the Farmers Market and/or French Market is conducted complies with all the parking requirements of the underlying zoning district or, in the alternative, the petitioner demonstrates that notwithstanding any temporary noncompliance, the conduct of the event will not impose any undue traffic or parking burden on surrounding properties and streets; and e. The Farmers Market and/or French Market is approved by the Department of Community Development upon application and submittal of all required information from the property owner detailing prospective compliance with the conditions herein. ROLL CALL VOTE: Ayes: 7 — Members Bulin, Cappetta, Nimry, Rush, Young, Ziemer and Chairman Davis Nays: 0 — None. Motion Carried. There was no other business to discuss. 7. ADJOURNMENT: Motion by Member Young, seconded by Member Ziemer to adjourn the meeting at 9:18 p.m. VOICE VOTE: Motion carried ATTEST: Robert Kallien, Di ctor of Co munity Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 18 of 18 November 3, 2009 OTHER BUSINESS ADJOURNMENT