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Minutes - 06/07/2016 - Zoning Board of AppealsVILLAGE OF OAK B R ,K, 1. CALL TO ORDER: MINUTES OF THE JUNE 7, 2016 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON NOVEMBER 1, 2016 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 7:00 p.m. 2. ROLL CALL: Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Natalie Cappetta, Baker Nimry, Alfred Savino and Wayne Ziemer ABSENT: Member Steven Young IN ATTENDANCE: John Baar, Trustee, Edward Tiesenga, Trustee, Robert Kallien, Jr., Director of Community Development and Gail Polanek, Planning Technician 3. APPROVAL OF MINUTES: CALL TO ORDER ROLL CALL MINUTES REGULAR MINUTES OF THE MAY 3, 2016 MEETING MAY 3, 2016 Motion by Member Nimry, seconded by Member Bulin to approve the minutes of the May 3, 2016 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS There was no unfinished business to discuss. 5. NEW BUSINESS UNFINISHED BUSINESS NEW BUSINESS A. OAKBROOK SHOPPING CENTER, LLC — TEXT AMENDMENT — B -2 SHOPPING CENTER - DISTRICT SIGNAGE TEXT AMENDMENT - B -2 DISTRICT SIGNS Chairman Davis announced the public hearing. All witnesses providing testimony were sworn in. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 24 June 7, 2016 Chuck Fleming, Senior General Manager of the Oakbrook Shopping Center introduced Danielle Cassel, Counsel with Vedder Price, Chicago, Illinois. He said that he was before the Village a little over a year ago regarding the expansion at the shopping center to construct a 12- screen theater, parking garage, food district and restaurants and connecting with the shopping center itself. They are on schedule and are expecting to open the theater and three restaurants on November 1, 2016. The food hall is anticipated for December 1, 2016. The parking deck structure is complete and being detailed on the inside. This request is one of the byproducts of planned development. It was not anticipated that the new building would block the west elevation Nordstrom sign. They are seeking a text amendment to be able to provide a sign on the parking garage to be located at the same elevation as the existing sign. They are proposing language that would be highly regulated and with conditions. With full transparency it could also occur at one other location in the shopping center and would like to have the flexibility because there could be a similar situation on the property. He reviewed slides depicting the view of the sign before and after the construction of the theater and how the existing sign is obscured by the new building. The existing sign faces west to Route 83 as well as the proposed sign. It will be the same type of sign LED white channel lit letters as exists. Pictures were shown of the proposed sign, site and the views of the area along with site plans and elevations to provide perspective to the members. They recognize that they do not want to do this everywhere, but wanted to identify a potential similar signage needed for Macy's store, facing Route 83 or 22nd Street. Member Savino questioned whether the existing sign would remain. Chairman Davis clarified that the new sign would be the same size as the existing sign. Mr. Fleming responded that since the sign has been on that building for so long it would remain and would be visible from California Pizza Kitchen. He noted that it would be the same size and style of the existing sign. Danielle Cassel, Vedder Price, attorney for the shopping center, reviewed the seven restrictive conditions included in the proposed text amendment to ensure that it would not have a broader effect than intended. 1. No parking garage fagade may have more than one such Wall Sign; VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 24 June 7, 2016 2. The Wall Sign otherwise complies with 13 -11 -3, 13 -11 -4, 13- 11 -9 -B and 13- 11 -9 -C of this title; 3. The Wall Sign does not face 16th Street between Illinois State Route 83 and Spring Road; NOTE: Prohibits a sign from facing the residential neighbors to the north. 4. The Wall Sign exclusively or primarily faces Illinois State Route 83 or 22nd Street; 5. The Wall Sign advertises or identifies a retail tenant occupying no less than 50,000 square feet of a building in the B2 District; NOTE: This condition indicates that it is intended exclusively for their core anchor tenants. 6. The building in which the subject retail tenant is located does not have, or no longer has, any other Wall Sign that (a) is visible from the right -of -way the proposed Wall Sign would primarily face, and (b) advertises or identifies the subject retail tenant; NOTE: This only applies to the Nordstrom situation and Macy's should that occur in some sort of future development that would obscure its existing sign. 7. At least one of the following applies: (a) As of the effective date of this Ordinance: (a) the building occupied in whole or part by the subject retail tenant is located within 70 feet of the applicable parking garage at grade, and (b) the parking garage is at least partially located within 170 feet of 16th Street; or (b) As of the effective, date of this Ordinance: (a) the building occupied in whole or part by the subject retail tenant is located within 200 feet of the applicable parking garage at grade, and (b) the parking garage is at least partially located within 450 feet of 22nd Street. Noted by the attorney that these conditions provide additional assurances that it could only apply to the Nordstrom or Macy stores. Chairman Davis noted that the required Text Amendment was contained in writing in the case file on page D. Ms. Cassel briefly reviewed the amendment factors as follows: Text Amendment 1. Character of the neighborhood The text amendment can only apply to the B -2 District, which would essentially VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 24 June 7, 2016 '�Z4 be to the shopping center. 2. The extent to which property values are diminished by the particular zoning restrictions. The text amendment proposed will not diminish the value of any other property. An excerpt from the Commercial Areas Revitalization Plan was included in the written response and it clearly articulates that the Oakbrook Center is an anchor not only for the Village, but as the anchor stores are to the success of the Shopping Center. 3. The extent to which the removal of the Existing Limitations Would Depreciate the Value of Other Property in the Area. The text amendment proposed will not diminish the value of another other property. The text amendment essentially recreates a condition that exists today. It provides visibility for an existing sign, which is the case with the 7 conditions imposed. 4. The suitability of the Property for Zoned Purposes The text amendment essentially recreates a condition that exists today; it provides visibility for an existing sign, which is the case with the 7 conditions imposed. 5. Existing Uses and Zoning of Nearby Properties. They are directing signage in the direction of other commercial properties and because of the limitations it cannot face toward the residential neighbors to the north. 6. The Length of Time Under the Existing Zoning that the property has remained unimproved considered in the context of land development. The text amendment as drafted is to maintain and support occupancy levels of the key anchors rather than to remediate a vacancy. 7. The Relative Gain to the Public as Compared to the Hardship Imposed on the Individual Property Owner. Not applicable, since it will not impose a hardship on other property owners. 8. The Extent to Which the Proposal Promotes the Health, Safety, Morals or General Welfare of the Public. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 24 June 7, 2016 Same as previously stated it was drafted with very rigid conditions to respect residential areas and to place numerous limits as to location, size, content and need for the sign. 9. The Relationship of the Proposed Use to the Comprehensive Plan. An excerpt from the Commercial Areas Revitalization Plan as previously stated in the second factor and was included in the written response. 10. Community Need for the Use Proposed by the Property Owners. They referred to the factors relating to the Commercial Revitalization Plan and the importance of the Shopping Center to the Village and of the anchors to the Shopping Center. Ms. Cassel said that they presented the case to the Plan Commission and after reading the Plan Commission minutes they were consistent with the proceedings that ended with a unanimous recommendation in favor of the text amendment with the modification included in the text. No one in the audience spoke in favor of or in opposition to the requested text amendment. Member Nimry said that should it impact the Macy's store, there would not be two signs visible from Route 83 and 22nd Street. Ms. Cassel agreed and said that it could only apply to the yellow garage. Member Bulin questioned why the signage could not face 16th Street. Director of Community Development Kallien said that there was nothing in the Code that would prohibit it, but Oakbrook Center has tried to continue the theme that has existed to try to limit the amount of signage that faces towards the residents. Mr. Fleming added that they met with the residents before going to the Village Board when they first came with the expansion proposal. They have always wanted to keep good relationships with the residents. They recognize that they are surrounded mostly by commercial development and there is a pocket of residents to the north. They wanted them to be fully on board and listened to their comments and concerns. One of the concerns was the amount of signage or bright lights that would face directly to the north. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 24 June 7, 2016 Member Bulin noted the large tree buffer that exists and said that some of the AMC signage does face toward the north, but that they were limiting more to be good neighbors. Mr. Fleming said that they felt it was important to be good neighbors and acknowledged that some of the signage for the AMC does face toward the north. Chairman Davis said that the proposed text was detailed on page 9.a of the case file and noted that it appeared the standards had been addressed satisfactorily to recommend approval. Proposed Text Amendment: That Section 13 -11 -9 ( "District B2 Regulations ") of the Zoning Ordinance of the Village of Oak Brook be and is hereby amended by adding the following as Subsection E thereof: E. Notwithstanding anything contained in this title to the contrary, including, without limitation, section 13 -11 -7A and 13 -11 -711 of this title, Wall Signs may be located on fagades of multi -story parking garages in the B2 District provided that: (i) No parking garage fagade may have more than one such Wall Sign; (ii) The Wall Sign otherwise complies with 13 -11 -3, 13 -11 -4, 13-11 - 9-B and 13- 11 -9 -C of this title; (iii) The Wall Sign does not face 16th Street between Illinois State Route 83 and Spring Road; (iv) The Wall Sign exclusively or primarily faces Illinois State Route 83 or 22nd Street; (v) The Wall Sign advertises or identifies a retail tenant occupying no less than 50,000 square feet of a building in the B2 District; (vi) The building in which the subject retail tenant is located does not have, or no longer has, any other Wall Sign that (a) is visible from the right -of -way the proposed Wall Sign would primarily face, and (b) advertises or identifies the subject retail tenant; VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 24 June 7, 2016 (vii) At least one of the following applies: (1) As of the effective date of this Ordinance: (a) the building occupied in whole or part by the subject retail tenant is located within 70 feet of the applicable parking garage at grade, and (b) the parking garage is at least partially located within 170 feet of 16th Street; or (2) As of the effective date of this Ordinance: (a) the building occupied in whole or part by the subject retail tenant is located within 200 feet of the applicable parking garage at grade, and (b) the parking garage is at least partially located within 450 feet of 22nd Street. Motion by Member Nimry, seconded by Member Bulin that the applicant satisfied the requirements for the requested text amendment to recommend approval as requested. ROLL CALL VOTE: Ayes: 6 — Members Bulin, Cappetta, Nimry, Savino, Ziemer and Chairman Davis Absent: 1 — Member Young. Nays: 0 — Motion carried. The public hearing was concluded 5. B. YORK ROAD ASSOCIATES, LLC — LINCOLN PROPERTIES — YORK PRASSOC. IES CLEARWATER DEVELOPMENT — 2100 AND 2122 YORK ROAD — - CLEARWATER DEV. - 2100 AND 2122 YORK VARIATIONS — PARKING REQUIREMENTS ROAD - VARIATIONS -PARKING REQUIRE. 5. C. YORK ROAD ASSOCIATES, LLC — LINCOLN PROPERTIES — YORK RD IES CLEARWATER DEVELOPMENT — 2100 AND 2122 YORK ROAD - CLEARWATER DEV. - 2100 AND 2122 YORK (INCLUDES ALL TENANT ADDRESSES) — AMEND SPECIAL USE ROAD (INCLUDES TENANT ADDRESSES) FOR CLEARWATER -SPECIAL USE AMEND Chairman Davis announced the public hearing. All witnesses providing testimony were sworn in. Bridget O'Keefe, Partner, Daspin and Aument, 227 West Monroe, Chicago, IL, Attorney for York Road Associates LLC seeking approval to amend an existing special use to allow the development of 123 parking spaces adjacent to the existing office building located at 2122 York Road and seeking approval of three variations to develop the parking. The first variation is to reduce the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 24 June 7, 2016 existing setback along 22nd Street from 100 feet to 30 feet; second is to reduce the length of the existing parking spaces along the southern bay from 17.5 feet to 16 feet; and third to increase the amount of parking allowed to be 8.5 feet in width from 35 percent to 43 percent. John Grissim, York Road Associates, LLC, applicant and property owner said that they had previously been before the Zoning Board and those approvals have helped them to finance and help to complete the development, as there are still 3 undeveloped pad sites for future development. The parking variation they are seeking is the first step in realizing the property's potential. The 2122 York Road property has been there since the 1970's, but the balance of the buildings started construction 8 years ago. Because of the shortage of the parking for the office building and the balance of the retail, it will help them to be more in line with the market and help to lease the space. When they first acquired the property and met with the tenants, the biggest area of concern was the parking. The office building is 53 percent leased and has had large vacancies for a while. The building has parking at 3.3 spaces per thousand and they don't see any requests for RFP's from any tenants for less than 4 spaces per thousand, and the standard for parking requirements has increased. The largest tenant in the building occupying almost half the building, Great Lakes Dredge and Dock has been in the building since it opened and now the critical factor for them staying in the building is parking. They used to enjoy a large parking field before all the retail, but with Jason's Deli to the north and LA Fitness it has become very congested. The main entrance to the office building is on the north side, but when the parking added on the south, there is a south entrance where tenants will enter. The building where LA Fitness and Jason's Deli are located have tenant spaces on the back side (facing west) that have been vacant and never occupied since the building was built 8 years ago. One of the issues it has been vacant is due to parking. It is very congested and the additional parking will help to lease the balance of the building. The additional landscape architecture will really enhance the view from York and 22nd Street. He was aware that John Buck had received a variance to the landscaping requirements. When they submitted a plan to the village they were told that some of the deficiencies in the Buck plan needed to be addresses. They met with Jeff Bulin, walked around the site and prepared a revised plan. They may lose around 41 trees with the construction of the parking, but they will be replaced with 100 trees and landscape around the perimeter of the property. Long term with the new signage and the view from York Road and 22nd Street will be greatly enhanced. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 24 June 7, 2016 Tim Doron, Senior Traffic Consultant, with Sam Schwartz Engineering Transportation Consultants, Chicago, Illinois. He has been this for over 26 years and he has worked in Oak Brook and the Shopping Center. He understands the complexities of retail and office complexes and noted about 1- 1/2 years ago he attended a conference hosted by the Institute of Transportation Engineers. They had surveyed a number of office complexes in the Midwest and around the nation. The number one factor in the success of the offices centers was the transportation to and from — the ability of people to and from their jobs. The number two and two -a was the amount of parking and the availability of good parking next to the building or proximate to the building they were working in. The conclusion was for retention and successes of office campuses and buildings were not just the number and volume of parking, but the location and proximity of the parking to the building. In January when you are leaving the office to walk 500 feet through the ice and snow to the north end of the parking lot if all the parking is taken in the morning, is not desirable. The location of the parking for the marketability of the building is critical. He noted that there is a substantial portion of undeveloped property on the site and a substantial portion of the office building that is not yet leased. • Total existing leasable area: 208,010 square feet • Office building 53 percent leased: 57,889 square feet unleased • Retail 85 percent leased: 12,227 square feet unleased 66,500 square feet is not yet developed - for future development. He also noted that their site parking survey found that the center is busiest at 12:00 p.m., which is right in front of the restaurants and the retail area. The office parking area is also very busy at that time. It is important for additional parking on this site. Places without parking within its proximity do not function well. He reviewed how the parking is used by use through the site. Parking is very important to these uses. There is nothing in the Code that addresses the required amount of parking for health clubs. The parking pod serving LA Fitness, etc., has a shortage of parking with full occupancy of the retail spaces. The parking pod serving the office building needs 411 spaces by Code. The marketability of significant vacant office requires more. The 123 additional spaces will meet market trends and bolster building marketability. The Code requirements today would be far in excess of supply. By demand, who is parking there today, plus standards in the industry from the Institute in Transportation Engineers is also far in demand of what the total is. Office Parking — only a portion of parking truly serves the office building. The VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 9 of 24 June 7, 2016 retention of commercial operations and businesses in a building is so important not only by sheer numbers, but by proximity and convenient parking. Tenants do not want to walk 500 -600 feet to a parking space, especially in the winter when it is dark outside. Only 53 percent of the building is leased so there is a lot of room yet to grow. The office building needs 411 parking spaces by Village Code. Marketability of office space needs even more — demand is at 493 spaces. LA Fitness has a shortage of parking spaces. In conclusion, the 123 additional parking spaces will meet market trends, demand for the building, and bolster the building marketability. Chairman Davis questioned that the Code would require 929 spaces and if the relief is granted would increase the spaces to 927 it would be close to Code. Member Savino said that he could see how the 123 parking spaces would greatly enhance the ability to attract tenants to the office building. He asked how it would help the retail since it was stated that it is filled already. Mr. Doron responded that much of the parking located to the north of the office building will be diverted to the south of the building, which would leave vacancies on the north side near to Jason's Deli and have parking available to the vacant retail. A tenant will look at the ability to recruit employees and what is the parking supply overall. There are a lot of office choices available. Member Nimry said that if the office space is 53 percent occupied, what happens when the building is full. The 123 spaces do not solve the problem, but it helps. Mr. Doron responded that although it would be unusual to be 100 percent occupied, but at 80 -90 percent the new spaces would be critical to the success of the building. Member Ziemer questioned the 16 -foot depth on the parking spaces along 22nd Street would be for compact cars. Brent McQueen, Mackie Consultants in Rosemont, IL is the civil engineer and surveyor for the project. He is a registered Professional Engineer with 15+ years' experience in land development projects throughout suburban Chicagoland areas. He reviewed the overall site plan. The owner identified a parking shortage and the reviewed the site for possibilities. They looked at adjacent areas down 22nd Street in regards to the 100 -foot setback. What they noticed was that the setbacks vary from 10 feet to 100 feet. Screen captures VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 10 of 24 June 7, 2016 were shown to show the property aerial in its relation to 22nd Street. 210 22 n1 Street was 30 feet, McDonald's 29 feet, with the drive aisle being approximately 5 feet; 1717 22nd Street, approximately 13 feet. They determined that a parking expansion along the area would be consistent with the character along 22nd Street, so they moved forward with the project. The proposal is for 123 parking space expansion along the east and south of the office building. There would be 120 standard spaces and 3 handicap accessible spaces to be located closest to the building. Access will be gained through the existing development. The expansion has been designed for typical office traffic along with garbage trucks and delivery vehicles. The expansion will allow emergency vehicles additional access along the southern side of the building that it did not have previously. The proposal does extend the sidewalk along the building to create a loop and there will be a seating area adjacent to the southern entrance to the building. The existing development has a 30 -foot setback along York Road and the proposed expansion maintains the existing 30 -foot setback. The proposed 30- foot setback is extended along the 22nd Street frontage. The existing building is setback approximately 100 feet from the ROW of York Road and 22nd Street. They are proposing a 5 -foot sidewalk around the building and then the parking. The ordinance requires a 24 -foot drive aisle. Along the south side of the building there are ventilations grates so the sidewalk must be 7 feet wide in order to accommodate the grates, which shifts everything further south. They are proposing to reduce the required 17.5 -foot parking space to 16 feet of actual asphalt pavement with a 1 -1/2 -foot overhang that the car will be allowed to overhang into the landscaped area right behind the curb. It is a very typical practice in the Chicagoland area. Many communities allow it when the parking spaces are adjacent to a landscaped area. They found that most commuters tend to pull forward as far as possible, either until the tires touch the curb or close to it. They are seeking a variation to allow this reduction for approximately 43 parking spaces. The zoning ordinance requires a minimum 8.5 -foot wide parking space. The existing Clearwater Development was developed with a shared parking with mixed uses for retail, office, etc., They changed it to allow the entire development to be 8.5 -feet wide. It made sense to allow 35 percent of the development to be reduced rather than to pick areas of parking to allow it. They are requesting 120 of the 123 spaces to be reduced increasing the percentage to approximately 43.26 percent. Any other office building is allowed by Code an 8.5 -foot parking space width, but the mixed used VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 11 of 24 June 7, 2016 i development was set up and calculated differently. All of the proposed spaces will be for the office building. The proposed conditions for the parking area will fill in the current green space area and provide detention in two underground vaults located below the parking expansion. The vaults will provide the displaced volume that is there today and will provide additional detention and volume to make up for the impervious surface being added by the project. The storm water detention will continue to function the same as it does today except that it will no longer fill like a. bathtub. No other revisions are proposed to the required storm water system itself and will continue to operate as it does today. The grading and storm water design will be collected in basins directly attributed to the underground vaults. They have been working with the engineering staff throughout the project. Design construction examples of the underground vaults were shown that would be located under the parking lot. Drainage swales will be added in the area between the parking lot and the ROW, which are related to required IDOT setbacks. They are proposing to add a slight 2 -2 %2 foot berm along York Road, which will aid in the screening of the parking lot from York Road. Due to the existing topography and grades along 22 °a Street there is not enough room to fit a 2 -foot berm, so they are proposing a slight berm that will be a crown of 1/4 - %2 -foot to aid some of the landscaping. The preliminary engineering plans and storm water calculations have been submitted and approved by the engineering staff and the village's storm water consultant, Burns and McDonnell. Member Bulin questioned whether the underground traps connect to the existing surface of the detention area and how the water would discharge. Mr. McQueen noted that the vaults and the open air detention would fill simultaneously. The east vault discharges through the existing detention basins to the north. Chairman Davis questioned the 35 percent limit on the 8.5 -foot width. Director of Community Development Kallien said that was part of the Clearwater development and is in the ordinance. Member Ziemer questioned that the underground vault exceeds the 30 -foot back of curb. Is the storm trap considered a structure? VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 12 of 24 June 7, 2016 Director of Community Development Kallien said that below grade structures of this sort has not been included in the setback requirement as determined by Oak Brook. If it would protrude above ground, then it would be considered. Member Savino questioned the size of a regular space. Director of Community Development Kallien said that retail must be a minimum of 9 -feet and an office requires 8.5 -feet minimum. Most of the Costco spaces are 9.5 -feet to 10 -feet wide. They were designed that way because people maneuver the large shopping carts. Hotels and offices can be 8.5 -feet in width. Member Savino said that his car may drag on the curb if he should pull too far into a space, and asked the standard being used for the curb. Mr. McQueen responded that it is designed for the typical 6 -inch tall curb. He noted that most cars have a 9 -inch high clearance, which is greater than the typical 6 -inch curb. Member Nimry asked if the water went stagnant for a long period of time with very little air. Mr. McQueen said that as the water is releasing and going out there will not be water in the vault. The vaults will meet the industry standard for the 100 -year flood. Director of Community Development Kallien noted that the ponds are designed to be diy bottom. Chairman Davis called for a break at 8:17 p.m. Meeting called back to order at 8:22 p.m. Sue Grissim, Grissim Metz Andriese Associates, Northville, Michigan with an office located outside Detroit, Michigan, is the Landscape Architect. They have been in business for over 50 years and her dad started the company. She is a 28 -year licensed landscape architect in 7 states. They have worked with Lincoln Properties on other projects and work throughout the country. She reviewed pictures of the existing site conditions along York Road and noted that there is a detention area between the building and York Road that will be filled in with the underground vaults and then landscaping will be VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 13 of 24 June 7, 2016 placed on the top. She reviewed conceptual landscape plans and they will be providing a backdrop evergreen screen of varying heights and then an evergreen hedge. They alternate it and provide a curvilinear alignment with the setback so that in the winter there will be a permanent screen in order to always hide the parking. In addition they added flowering shrubs, shade trees and groupings to get more of a rolling natural feel. They are going for a very quality architectural statement that is also loose and has some rolling and curvilinear alignment. In addition, the flowering hydrangea shrubs flower through the summer and the dried heads can be left on through the winter to add interest. The 22nd Street frontage has older trees, not in the best of shape. They are requesting to reduce the frontage from 100 to 30 feet. There will be a new sign in front of the building and in the foreground will be seasonal flowers. They are repeating the design from along York Road to tie the campus together. There will be a yew hedge behind it along with roses that will flower all season long. In the new parking lot there will be large parking lot islands that will be filled with ornamental grasses and river birch trees. Currently the lot has a lot of small islands where the trees do not flourish well. In the front there will be red maple and honey locust trees. There is a variety of different trees. The entrance will have brick paving and 25 -foot wide plaza terrace area with heavy duty flower pots with plantings to protect people out on the area. They meet the 4 -foot screening height. They looked at supplementing the area along LA Fitness, and they will fill in plants to supplement additional trees. The existing hedge is a challenge with the salt. There is a yew hedge but it will not make it. They will replace some and will prune the hedge and supplement where there are gaps. They have added some color with day lilies and catmint. It is a detention area so it is challenging. A few trees will be added to the north. West of the 2122 building along 22nd Street, there is a two - terraced retaining wall. They have decided to keep away from that area, so they will plant some multi -stem flowering crab apple trees in random grouping to fill in along 22nd Street. Looking through the trees helps to soften the view from 22 °d Street. Member Ziemer asked the timeframe on the renderings. Ms. Grissim responded that it is typical to show plus five years, but where they tested the height of the evergreens at 6 -feet was from day one. Member Bulin said that there will be 6 -12 foot evergreens and the caliper of VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 14 of 24 June 7, 2016 i trees will be from 2 -1/2 -inch to 4- inches and said that good sized material would be going in. Member Cappetta asked how long it would take for the view of the car from 22"d Street to have the view filled in. Ms. Grissim said that it will be more hidden than shown. They were trying to work on the curb and slope. They will fill in between. There will be gaps, but they need spacing so that they can grow. Normal growth there isn't much, but the following year they can grow 6 -9- inches. Member Bulin asked about irrigation being installed for the new landscape. Ms. Grissim said that they would provide an irrigation system. Director of Community Development Kallien noted that the plan before the Zoning Board is the applicant's plan. He noted that references had been made regarding Jeff Bulin. Every time John Buck would come before them, the landscaping was brought up. Jeff has been a critic of the landscaping all along and he thought that his comments could be addressed early in the process rather than at the end. Many of the concerns have been addressed. Member Nimry asked if there were assurances that the landscaping would be done and that the Village would enforce it. Director of Community Development Kallien said that there has to be language that is tight enough and can be enforced to be part of the ordinance. There have been instances in Oak Brook that have been landscaped very well. Other places by the Marriott did not achieve the desired outcome. The applicant has reinstalled landscaping. The picture will not be achieved in year one, but we need to insure that there is enough landscaping to meet the Code. Chairman Davis said that McDonald's on 22nd originally had complaints, but now you cannot see a car. Member Savino said that the hedge along LA Fitness does not screen. Ms. Grissim said that it is a deciduous hedge but an evergreen would not make it. Boxwoods are temperamental with wind and salt. Spruce and juniper are the hardiest. Member Bulin said it was a difficult area due to the detention. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 15 of 24 June 7, 2016 Chairman Davis noted that the variation standards were on page 9 of the case file and the special use standards were on page C. Ms. O'Keefe noted that the standards for both the variation and special use were in writing in the case file and were quite lengthy. Variation Standards: The first variation was to the reduction of the setback to 30 feet. The office building is approximately 47 percent vacant and has been for many years and the existing retail space has been vacant by 15 percent for the past 8 years. There is also significant vacant land available within the development that has not yet found a user for 10 years. It is obvious that a fresh approach is needed for the Clearwater Development in order for the property to make a reasonable return. It is an unfinished mixed use development in a well- established community like Oak Brook is a unique situation. It is a hardship that has been exacerbated by the economic downturn from what we are now emerging. Testimony was given that a challenge facing the overall development was the lack of convenient and sufficient parking. The amount of parking available is less than what is required by Code and the market. The market conditions have changed with regards to the parking requirements since the original development was approved. As indicated by the testimony and the office buildings primary tenant, the proposed development of 123 parking spaces to the office building should begin to address that need and benefit the entire development as a whole by freeing up additional parking to serve the retail uses and making the office building more attractive to tenants, which should help to make a return on the overall development. The owner did not create the situation they inherited it. The variation if granted will not alter the essential character of the neighborhood it will continue to be a high quality commercial development with setbacks consistent with others in the area. As depicted on the map during the presentation there are setbacks along 22nd Street that range from 10 -feet to 100 -feet in depth. The proposed setback will be consistent with the Clearwater setback along York Road. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 16 of 24 June 7, 2016 I No evidence was introduced that there would be an adverse impact on the public welfare or property values in the area. The parking lot will be designed to comply with all Code requirements and will be beautifully landscaped to address the concern that the owner has repeatedly heard since the beginning of this process that the existing landscaping was inadequate. The purpose of the variation request is to achieve what was intended when the Clearwater Development was approved many years ago. To create a successful mixed use development that enhances the office and retail environment for Oak Brook and its residents. The second variation was to reduce the length of the parking stalls from 17.5 feet to 16 feet. As stated, the cost of these parking spaces is very expensive due to the need to create underground storm water detention. It is essential that the 123 parking spaces be provided to make the project cost effective. The proposed variation is needed to reach these numbers and allow the property to yield a reasonable return. What is unique about the site is the hardship created by the existing ventilation systems which is located against the southern face of the office building. The location of the system creates a need to push the proposed parking lot further from the building. A 5 -foot sidewalk and full parking bay will not fit unless the depth of the southern row is reduced to 16 feet. A flat sided area is proposed beyond the southern back of curb to allow the parked cars to overhang into the landscaped area and effectively have 17.5 -feet in length. It will not impact the operation of the parking lot, which will be designed to comply with the Code. The aisle widths will maneuver and remain the same. There will be adequate room for two -way traffic. The variation if granted will not alter the character of the area and it will be invisible to those using the adjacent street or sidewalk. As such there will be no adverse impact on property values or the public welfare. The proposed variance is intended to improve the efficiency of the development and address unmet needs. The third variation was to increase the number of parldng spaces that are 8.5 -feet in width. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 17 of 24 June 7, 2016 D As testified by Mr. Doron, additional parking is required in order to make the Clearwater Development a success. It is essential that the 123 parking spaces be provided to make the project cost effective and the variation is needed to make the numbers. Failure to allow the variation would result in the reduction of the proposed parking by 10 percent. As pointed out by Mr. McQueen, if it were simply an office development all of the parking spaces would be 8.5 -feet wide. What makes the situation unique is that it is a mixed use development, which has a 35 percent cap. It was part of an agreed mixed parking arrangement that was agreed to by the prior owner and the arrangement does not comply with Code and does not meet market demands. Approval of the variation will not alter the character of the neighborhood and will be virtually invisible from the street and will be consistent with other office developments in the area. Approval of the variation will not adversely affect the public welfare or property values. The intent is to improve the efficiency of the Clearwater Development. Special Use Standards Ms. O'Keefe addressed the standards as follows: 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location. Much of the testimony provided why this amendment to the special use was necessary for the public convenience at this location. The location and amount of existing parking is inadequate and fails to meet Code and market requirements. The additional parking is needed to insure the success of the commercial development that has struggled for over a decade. It will also hopefully lead to a fully occupied office building. 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; A licensed engineer testified that the proposed parking will be designed, located and operated in compliance with all Code requirements. Public safety will be improved by enhanced access to the building for emergency vehicles and fire trucks. The proposed parking lot will be heavily landscaped to shield the view from 22 "a Street and York Road. Additional enhanced landscaping will be provided outside the development area to enhance the aesthetics of the overall development. So it should only be a positive impact on the value of other nearby properties. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 18 of 24 June 7, 2016 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. The proposed parking lot will be heavily landscaped to shield the view from 22nd Street and York Road. Additional enhanced landscaping will be provided outside the development area to enhance the aesthetics of the overall development. So it should only be a positive impact on the value of other nearby properties. In conclusion they request that the Zoning Board of Appeals recommend approval of the proposed variations and special use. Clearwater is a development with incredible potential but it has struggled for years. York Road Associates is coming in with a fresh view of what it takes to make this development successful in today's marketplace. Their approach is to do this incrementally on a project by project basis with the first step being hopefully the full leasing of the office building. The additional parking will address the issue in a way that enhances it's attractiveness to potential tenants while being sympathetic to surrounding users and the community while creating no adverse effect. Their team would sincerely appreciate the Zoning Board approval of these applications. Member Cappetta asked if there would be any new lighting for the new parking. Director of Community Development Kallien said that they were providing what is required by Code and no variations were being sought to the requirements. Mr. McQueen agreed and said that the details would be handled at final engineering. Director of Community Development Kallien added that with the permit review process there are standards in the Zoning Code and Building Code that regulate the spill of light within parking lots. He noted that the difference here is that 22nd Street is going to have street lights so as part of the median beautification program. The street lights may emit more light than what would come off the parking lot. Chairman Davis questioned the results from the Plan Commission meeting. Ms. O'Keefe responded that they appeared before the Plan Commission and VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 19 of 24 June 7, 2016 1�zk made a very similar presentation. At the conclusion of the meeting the Plan Commission recommended approval of the special use by a vote of 3 to 1. Chairman Davis noted that the approval of the variations and special use were subject to certain conditions contained in the case file. The variations were on page 17.c and the special use conditions were on page 7.b. He asked the applicant if they agreed to accept those conditions and the applicant agreed. Trustee Baar said that when the Board voted on the variations a question he asked was whether there was adequate parking and he was told there was adequate parking for this property. He is now being told that it is not up to Code and there is not adequate parking Director of Community Development Kallien said that the parking that exists on the site is what was called for as part of the original Clearwater Development under a shared parking arrangement with the mix of uses. The office building on the coiner does meet the 3.3 spaces per thousand square feet, but as they have been as well as from all office developers, including Duchossois that the industry standard for office use is somewhere between 4 and 5 spaces per thousand, which is what all the new office buildings are building to today. Even though the building meets the village's minimum Code requirement that was developed in 1966, it probably does not match the reality of utilization today for a modern office building. Member Bulin added that the Clearwater Development that was approved had parking to be installed, but the Village Board gave them leniency from finishing the development, so the parking was never finished from the original plan. Trustee Baar noted that the office building is only 53 percent occupied. Looking at the traffic study it seems that the problem is not that there isn't enough parking, but rather the parking is too far away from where people want to walk. They want parking right next to the building, which they feel will help with the vacancy rate. Mr. Doron responded that Mr. Baar correctly described the problem. The property is 770 feet long by 820 feet wide. When the original agreement was contemplated, maybe the concept of shared parking might have been based on different peals use times for the health club, office and restaurants. Although it is a great theory, and is still used today in many cases, the size of this center and the demand that would make people walk 500 feet or more from the office building is inconvenient and in addition the office building is only 53 percent occupied, so it has a long way to go. The proximity of parking to the office VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 20 of 24 June 7, 2016 0 building is key and important. The other 57,000 square feet that will be built over the years will use the other areas of parking, which will happen. Trustee Baar said that Trustee Tiesenga suggested that perhaps the fitness people could park farther away. He noted that the coiner is very important to Oak Brook, so any variations are going to be pointed to by others down the road, such as the 30 -foot setback. There are different areas with different characters. This area, with the Drake office, Lions International and Chicago Bridge and golf course is a gateway, so they are very concerned about it. He asked if they would consider eliminating the 7 parking spaces on the southeast corner so that there would be more depth. Mr. Doron said that traveling east to west it is a village gateway and a Plan Commission member had made the comment that others would want to come in and do this too. However, they would want to do it if they needed the parking, like the applicant does for this particular use of an office building and they would also want to go through the expense for the significant underground detention that needs to be provided. Member Nimry added that they are providing very nice landscaping, which should take care of it. Chairman Davis questioned Trustee Baar, that should the Zoning Board of Appeals proceed and recommended approval, would it be something the Village Board would want to address? It would give the applicant time to think about that in the meantime. Trustee Baar asked Director of Community Development Kallien to see if the utilities could be buried since it is a short length of utilities and would add to the favorable aesthetics along 22nd Street. Director of Community Development Kallien responded that the issue has come up many times throughout the community. In the end it comes down to who will bear the cost, since it is expensive venture to bury utility lines. Once they are underground maintenance becomes more difficult and that can become an issue. The applicant has heard the comments and could evaluate the issue. Whatever recommendation the Zoning Board makes, the Village Board has the option of accepting, rejecting or coming up with an alternative. Chairman Davis said that the standards have been addressed and the applicant is prepared to accept the conditions discussed. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 21 of 24 June 7, 2016 No one spoke in opposition to the request: Motion by Member Bulin, seconded by Member Nimry that the applicant satisfied the requirements for the requested variations to the Clearwater Development property at 2122 York Road as follows: • Section 13- 10E -3C.1 — Variation to permit a reduction in the required 100 -foot front yard setback along York Road and 22nd Street to a setback of 30 feet. • Section 13- 10E -2C.1 — Variation to permit the number of parking spaces with a minimum width of 8'6" to 401 spaces, which is approximately 43.26 percent of the total 927 parking spaces. At the present time, 35 percent of the parking spaces are at this width (281 spaces total of 804). • Section 13 -12 -3C — Variation to permit a reduction in the minimum parking space depth of 17'6" to 16 feet for 43 parking spaces facing 22nd Street. and to recommend approval of these three variations as requested, subject to the following conditions: 1. The proposed development including the proposed parking lot addition and landscaping shall be constructed in substantial conformance to the approved plans as submitted. 2. Applicant shall provide a firm commitment for the installation/replacement and maintenance of all landscaping improvements. 3. Approval of the requested special use amendment. 4. All previously approved special uses and variations not affected shall remain in effect unless specifically modified by this request. 5. Notwithstanding 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: 6 — Members Bulin, Cappetta, Nimry, Savino, Ziemer and Chairman Davis Absent: 1 — Member Young. Nays: 0 — Motion carried. The public hearing was concluded. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 22 of 24 June 7, 2016 i Motion by Member Ziemer, seconded by Member Bulin that the applicant satisfied the requirements for the requested special use for the Clearwater Development property to allow for 123 additional parking spaces and additional landscaping to recommend approval of the special use as requested, subject to the following conditions: 1. That each of the subdivided lots on the Clearwater property approved under Resolution R -1551, approved on April 12, 2016 shall be subject to the terms, provisions and conditions of Ordinance 2007 - ZO -SU -S -1183, granting a special use for a mixed use development in the 04 District for the Subject Property; 2. That the "parking cross- access agreement' provided by the Second Amended and Restated Reciprocal Easement, Maintenance and Use Declaration, as amended or may be amended in the future ( "Agreement'), which governs the entire Clearwater development, shall remain in place and will allow all existing and future buildings to use parking spaces in the Clearwater development and allow full access to all existing and future buildings. 3. That all previously approved special uses and variations granted to this property not in conflict with this request will remain in full force and effect; 4. The Owner and all subsequent owners of the Subject Property shall comply with all requirements of law, including without limitation, federal, state, and local laws, ordinances, resolutions, and regulations, relating to the Subject Property. 5. Obtaining final approval of the proposed variations required to construct the additional 123 parking spaces and installation of the proposed landscaping for the new parking lot. 6. Applicant shall provide a firm commitment for the installation / replacement and maintenance of all landscaping improvements. ROLL CALL VOTE: Ayes: 6 — Members Bulin, Cappetta, Nimry, Savino, Ziemer and Chairman Davis Absent: 1 — Member Young. Nays: 0 — Motion carried. The public hearing was concluded. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 23 of 24 June 7, 2016 6. OTHER BUSINESS The Zoning Board decided there was not a need to reschedule the next Zoning Board of Appeals meeting, since Gail Polanek stated that there would be nothing on the agenda and the meeting would be canceled. Director of Community Development Kallien reviewed possible upcoming cases and a need to address the off premises parking requirements. There was no other business to discuss. 7. PUBLIC COMMENT There were no additional comments from the public. 8. ADJOURNMENT: Motion by Member Bulin, seconded by Member Ziemer to adjourn the meeting at 9:17 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Robert L. Kallien Jr. Robert Kallien, Jr. Director of Community Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 24 of 24 June 7, 2016 OTHER BUSINESS PUBLIC COMMENT ADJOURNMENT