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Minutes - 11/01/2016 - Zoning Board of AppealsV I LLAG E OF MINUTES OF THE NOVEMBER 1, 2016 OAK B R K , REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE s_ VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON DECEMBER 3 2016 1. CALL TO ORDER: CALL TO ORDER The Meeting of the Zoning Board of Appeals was called to order by Chairman Champ Davis in the West Wing Conference Room of the Butler Government Center at 7:01 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, Alfred Savino, Steven Young and Wayne Ziemer ABSENT: Member Baker Nimry IN ATTENDANCE: Robert Kallien, Jr., Director, Development Services Department (arrived 7:40 p.m.), Rebecca Von Drasek, Planner and Gail Polanek, Planning Technician 3. APPROVAL OF MINUTES: MINUTES SPECIAL MINUTES OF THE MAY 23, 2016 MEETING MAY 23, 2016 Motion by Member Young, seconded by Member Ziemer to approve the minutes of the May 23, 2016 Special Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. REGULAR MINUTES OF THE JUNE 7, 2016 MEETING JUNE 7, 2016 Motion by Member Young, seconded by Member Ziemer to approve the minutes of the June 7, 2016 Regular Zoning Board of Appeals meeting as amended. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business to discuss. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 9 November 1, 2016 5. NEW BUSINESS NEW BUSINESS A. ROKA AKOR, OAK BROOK, LLC - 166 OAKBROOK CENTER - ROKAAKOR -166 OAKBROOK CTR - SPECIAL USE - OUTDOOR DINING AREA ADJACENT TO A OUTDOOR DINING RESTAURANT Chairman Davis announced the public hearing. All witnesses providing testimony were sworn in. George Vranas, Attorney for Roka Akor Oak Brook, LLC introduced Ryan Petersen, Architect, Aria Group Architects, Sunny Mehra, Roka Akor's Vice President, and Charise Stewart, General Growth Properties. They are seeking approval of an outdoor dining adjacent to the new restaurant. The Roka Akor Restaurants will be going into part of the space currently occupied by Abercrombie and Fitch. Roka Akor is a high -end Japanese steakhouse and sushi restaurant. It is a very unique restaurant unlike other restaurants in its food preparation. There are several locations around the country, such as Scottsdale, Houston, Old Orchard Mall in Skokie and in the River North area in Chicago. They are seeking a ten (10) person outdoor dining area occupying only 221 square feet. The overall full service restaurant will be approximately 5,400 square feet. Mr. Vranas briefly reviewed the special use standards as follows: Special Use Factors: 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location. Response: The outdoor dining area will greatly increase the outdoor dining experience of the restaurant patrons. The atmosphere of outdoor dining has become very desirable and most restaurant goers have almost come to expect an outdoor dining area. It will enable patrons to enjoy almost 3 seasons of outdoor dining. Mr. Vranas noted that they had gone through great lengths to provide for the protection of the public health, safety and welfare. 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected. Ryan Petersen responded that the outdoor dining area was designed to make VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 9 November 1, 2016 sure that the public was protected but something that would be a benefit to everyone. He reviewed the plan details with the Zoning Board. They believe that the location is particularly safe because there is a turn in the road that causes motorists to slow down. There will be seating for ten (10) consisting of five (5) two -top tables, umbrellas to provide shade and protection should it drizzle. The fixtures are fixed in place but removable at the end of the season. The main concern is public safety and there are cars in the approximate vicinity of the patio, which is similar to other outdoor dining areas in the Oakbrook Center. To address the safety they have designed five -inch (5 ") square tube bollards set 18 inches into concrete footings spaced approximately 4.5 -feet on center and surround the entire patio and are integrated into the railing design. They are basically 42 -inch high tube steel bollards. The emergency egress gate will be equipped with panic hardware similar to an exit door in the interior of the building. If there was an emergency the patrons would exit easily from the gate onto the sidewalk, not onto the street or drive. The gate also restricts access into the patio from the outside. The gate is for emergency purposes. He provided views of the location of the proposed site. A conceptual design of the restaurant and outdoor dining area was also reviewed. The restaurant doors by the outdoor patio completely open to bring the outdoor into the indoors. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. Mr. Vranas responded that outdoor dining has become an amenity that is located throughout the shopping center, Oak Brook and the Chicagoland area. It will not have a negative impact on other properties in the neighborhood. The members asked questions and were provided the following information regarding the structural steel bollards that will be embedded in concrete. Visually the railing and structural steel bollards will look light and offer the same protection as being filled with concrete. The sidewalk area will be 5 -feet wide, which is the same area of sidewalk to their adjacent tenants. The minimum sidewalk area is three feet. No one in the audience spoke in favor of or in opposition to the requested special use. Chairman Davis said that the Plan Commission recommended approval subject to the conditions on pages 9 -9.a of the case file and the special use factors were submitted in writing on page D of the case file. He noted that it appeared the standards had been addressed satisfactorily to recommend approval. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 9 November 1, 2016 Motion by Member Young, seconded by Member Ziemer that the applicant satisfied the requirements for the requested special use to recommend approval of the proposed special use for outdoor dining, subject to the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the plans as submitted and approved. 2. The restaurant will be responsible for maintaining and cleaning the outdoor area and shall comply with all applicable requirements of the DuPage County Health Department. 3. The outdoor dining area will be operated in accordance with the following rules of operation: a. A maximum seating capacity for 10 patrons may be provided in the outdoor dining area. b. No sound system or speakers will be placed in the outdoor dining area. 4. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 5. Add the provision "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: Ayes: 6 — Members Bulin, Chairman Davis Nays: 1 — Member Nimry Absent: 0 — Motion Carried. The public hearing was concluded Cappetta, Savino, Young, Ziemer and 5. B. VILLAGE OF OAK BROOK — ZONING REGULATIONS — PARKING SECTION NIN 3�iz 3 B REGULATIONS — SECTION 13- 12 -3.13 LOCATION — PARKING LOCATION - PARKING WITHIN THE VILLAGE WITHIN THE VILLAGE OF OAK BROOK — TEXT AMENDMENT OF OAK BROOK Chairman Davis announced the public hearing. All witnesses providing testimony were sworn in. Rebecca Von Drasek, Planner provided an overview of the requested text amendment. She noted that the Village Board directed that text be provided in the Zoning Ordinance relating to properties located within the Village that were not to be used as accessory parking lots for uses not approved by the Village VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 9 November 1, 2016 Board. In the current Code there are allowances for off -site parking that are generally an arrangement between two property owners and the proposed text was added to that existing language, to allow for a further clarification that the use for off -site parking be approved by the Village. The Plan Commission discussed the text amendment over two meetings. The issue that carried it over to a second meeting was that the initial text included that commercial vans would be required, which was not the intent so that portion was removed. Chairman Davis referred to Section B of page 10 of the case file and questioned that the reason for the request was so that both the parking spaces and the use be located within the Village of Oak Brook and that was in response to what was going on in Westmont. He also questioned the additional amendment. Planner Von Drasek agreed and added that the original language included walking distance from the off -site parking and the realization those government entities such as the Park District, Forest Preserve District and the Village hold events that may require walking at a greater distance. Chairman Davis noted that the thought was that if the distance was further than 550 feet then it might not be part of the use that the parking relates to. Planner Von Drasek agreed and noted that item 3 allows for the Village Board to make the decision that a use would be allowed to have off - street parking in another location. Member Young questioned that if a holiday party is held at a residence and the parking lines the streets, what would happen. Planner Von Drasek responded that it would be the parking standards on the streets, rather than in the front or side yard of a residence. Member Cappetta said that she felt the text was taking rights away from commercial property owners that currently have those rights and currently provide parking for uses outside of Oak Brook, such as for the Drury Lane Theater for overflow parking and the Shopping Center that allows bus companies to run tours for events that are not in the Village. The Park District also provides parking for ski trips, etc., where people park there, board a bus and are gone all day, etc. There are many people that do what is now being proposed to be prohibited. She felt that the Village would be opening itself to litigation. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 9 November 1, 2016 The Zoning Board discussed generally the issues that the proposed language could create. Planner Von Drasek said that what is currently being done, could be done with the permission of the Village Board. Member Savino questioned what kind of action the Village would need to take, through a variation or what type of action? Gail Polanek, Planning Technician responded that it would not need to go through the public hearing process. Chairman Davis questioned whether it could be permanent approval. Planner Von Drasek responded that General Growth could approach the Village Board in regards to current uses in their parking lots and request that they be allowed to continue, with those uses being identified. Chairman Davis noted that the language states that the use is prohibited unless specifically authorized by the Village Board. Planner Von Drasek responded that the issue was raised in response to one particular concern of the Village and it cannot be stated that no one from this particular use cannot have accessory parking in the Village; it is all or nothing and then are accessory parking lots a use that the Village of Oak Brook wants. Chairman Davis said that he believed there were legitimate concerns raised and that further consideration should be made at another meeting. Member Cappetta noted that there are times when there is not sufficient parking in their parking lots because the building has made deals with Drury Lane to allow buses and cars to use their lot along with the overflow of parking needed by the Double Tree Hotel across the street. It occurs during the daytime when they occasionally fight for parking spaces and the lot is full. Planner Von Drasek noted that raises the question that if the Village is reviewing parking spaces for a development, would it be appropriate for those property owners to then use those spaces for other means. Planning Technician Polanek noted that the parking standards are based upon the uses of the individual building. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 9 November 1, 2016 I Member Cappetta said it was the property owner's decision to overflow its parking, the Village cannot now decide to say that they can or cannot do that because it is a right they already have. Planner Von Drasek responded that as part of the development, the parking standards are reviewed and that consideration is only for the approved uses going into the building at that time. Member Savino noted that many years ago Sav -Way Liquors was negotiating with the professional office building at the corner of Ogden and York in Hinsdale to use the east end of their parking lot, but it was not permitted back then. If that type of action should come up again with a business in Oak Brook, the Village Board would have the authority to permit that type of use. Robert Kallien, Director, Development Services Department responded yes, but added that staff has proposed the language due to a situation with the Oak Brook Hills Resort in Westmont where they want to have the required parking at the Natatorium and apartment complex to be located in Oak Brook. If we want to close the door to that, we do not want to necessarily open it to other similar things. If the Village Board wants to approve those types of arrangements they can do so, but there is a level of risk because it jeopardizes the whole purpose of having the Code. The Village Attorney can address any concerns the Zoning Board has in the final ordinance. Member Cappetta said that there are many commercial property owners such as the mall that has bus company's park in the lots and others that park and leave the site. Polo uses the church parking lots, which is more than 1,000 feet away. The bank has a deal with Drury Lane and when the Double Tree hotel has overflow parking, they will park in their buildings' parking lot, or they are hiking cars where there are occasions when their parking lot is full. The Park District runs ski trips to Wisconsin, so there are a lot of people that do what the text is trying to prohibit. Director Kallien said that everything that was brought up is in violation of the current Village Code. Member Cappetta said that it would take away rights that currently exist with property owners and that the Village would open itself up to be sued if those rights were made tighter because there would be a lot of money that they would lose and the Village would lose if sued. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 9 November 1, 2016 Director Kallien said that if the Village would lose that, then the Village would lose if Oak Brook Hills is denied the right to parking, which would be a great downside to Oak Brook. Member Cappetta said that she did not have a better solution. Chairman Davis said that it was a valid point that under the current Ordinance all of the situations that were brought up would be in violation of the ordinance. If there would be a way to authorize those uses so that they did not need to call in to the Village Board it would be helpful. Director Kallien said that without action by the Zoning Board at this meeting, a report could be made to the Village Board that as part of this case it was learned that certain instances are occurring and ask what steps the Village Board would like to take knowing that information. The action could be tabled and ask the Village Board how to proceed. The Board could either discontinue the matter and /or send it back to the Plan Commission or Zoning Board. Chairman Davis would like Member Cappetta involved since she was aware of these existing situations. Planning Technician Polanek added that Member Cappetta had also mentioned that the use is so prevalent that often there is no parking available to the users of the building on the property. Member Cappetta added that there is a new building owner. Planner Von Drasek said that the new ownership may not allow it. Director Kallien said that the Village Board should provide direction on what they want to do next. Oak Brook Hills is now in court. Staff could write a report to the Village Board regarding these issues. Staff will come back and start the case again or go in another direction. We do not need to waste our time at this point. Member Young requested that a risk management report be prepared by the Village Attorney in regards to possible litigation as to what it could cost in court if enacted. Chairman Davis said that we should wait on such a report until the Village Board determines the direction. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 9 November 1, 2016 Director Kallien said that Village Board may ask for an inventory of all known situations where this type of parking use exists. They could say that any new ones going forward would be subject to the regulations. Planner Von Drasek noted that another section of the code required that an agreement be recorded between the property owners and that may exist with the property owner on Spring Road. Motion by Chairman Davis, seconded by Member Young for staff to prepare a report to the Village Board and to table the matter until such time the Village Board has reviewed the Zoning Board's concerns and issues raised at this meeting and provides direction to Zoning Board. VOICE VOTE: Motion carried. 6. OTHER BUSINESS There was no other business to discuss. 7. PUBLIC COMMENT There. were no additional comments from the public. 8. ADJOURNMENT: Motion by Chairman Davis, seconded by Member Ziemer to adjourn the meeting at 7:54 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 9 of 9 21k,(41 November 1, 2016 OTHER BUSINESS PUBLIC COMMENT ADJOURNMENT