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Minutes - 05/15/2017 - Plan CommissionVILLAGE of MINUTES OF THE MAY 15, 2017 O A K BR921,,K REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JUNE 19, 2017 I. CALL TO ORDER: CALL TO ORDER The Meeting of the Plan Commission was called to order by Chairwoman Tropinski in the Samuel E. Dean Board Room of the Butler Government Center at 7:02 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairwoman Marcia Tropinski, Members Thomas Doyle, Naveen Jain, Raj Lal, and Kenneth Wilczak (arrived 7:11 p.m. ABSENT: Members Raju Iyer and Simon Sheers IN ATTENDANCE: Trustee Mom Saiyed, Development Services Director Robert Kallien, Planner Rebecca Von Drasek and Planning Technician Gail Polanek 3. APPROVAL OF MINUTES: MINUTES SPECIAL MEETING OF THE PLAN COMMISSION OF FEBRUARY 13. 2017 FEBRUARY 13, 2017 Motion by Member Lai, seconded by Member Doyle to waive the reading of the minutes and to approve the minutes of the February 13, 2017 Special Plan Commission meeting as written. VOICE VOTE: Motion Carried. 4. NEW BUSINESS NEW BUSINESS A. ROCK SUGAR. INC — 2022 SPRING ROAD — SPECIAL USE — OUTDOOR ROCK SUGAR - DINING ADJACENT TO A RESTAURANT zozz SPRING OUTD RD - OUTDOOR DINING - SU Brian MacKellar, Senior vice President of Development for The Cheesecake Factory provided a review of the request and noted that it also owns the Rock Sugar restaurant. He said that they were seeking approval of a special use for an outdoor dining area adjacent to the new restaurant. Conceptual pictures of the proposed restaurant and outdoor dining area were shown. He noted that Rock Sugar Pan Asian cuisine restaurant is an upper level chef driven restaurant. Their Chef Mohan Ismail is the Executive Chef, is a highly acclaimed chef of southern Asian cuisine, and is originally from Singapore. This is their second location; the original location is near their founder's residence in Century VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 9 May 15, 2017 City, California. They have been developing the restaurant for almost 10 years and this is the first time that they have ventured into a new area and are very excited about it coming to Oak Brook. They consider patios an integral part of restaurants. Many people love them especially when the weather is great. He reviewed the design of the patio. He noted that the patio would sit on an area occupied by 9 parking spaces. The Cheesecake Factory is located just north of the proposed Rock Sugar restaurant, which is an independent restaurant. A small portion of the Cheesecake Factory that was used for offices is being rebuilt as part of the new restaurant's kitchen. A service area will be jointly used by both restaurants. The restaurant entrance faces the ring road and he reviewed the interior design noting the open kitchen area. The patio area has bollards that are used as lighting supports and supports the glass railing system. The bollards are to ensure the safety of the patrons from an errant vehicle. Handicapped spaces were added to the parking area and a stop sign was added to provide a safe crossing area. They are not planning to add another valet area and it is their intention to use the existing Cheesecake Factory valet service for this restaurant as well. There will be a sign in front of the restaurant directing people to the valet and this should help with the traffic flow in the area. Planters, very similar to those used in front of the Cheesecake Factory, will be placed in front of the restaurant to continue the flow and will also contain bollards for additional safety support. The bollard details to be used along the patio area are spaced every four feet. He also reviewed the materials being used on the building and the furniture. There will be speakers mounted to the cornice and he noted that the company is obsessed about the quality of the music and they are not about volume. The original owner of The Cheesecake Factory was a musician, who was concerned with the quality of the background music, and personally picks the songs played. The landscaping material chosen for this area will be fully -grown and will be quite dense at the time of the restaurant opening. Member Doyle commented that the patio is south facing and the landscape appears to be rather short in height. He asked if consideration was given to add landscaping to provide more shade, especially when the sun is intense. Mr. MacKellar agreed and said that was their intention and he would ensure the plantings would be quite tall, maybe around 6 -7 feet in height. Member Lal thanked the applicant for the detailed presentation. He questioned with the large number of patrons on the patio whether it would be congested and cause a safety issue, especially with the elderly population and handicapped. Mr. MacKellar responded that they have 40 years of restaurant experience and are diligent about pathway widths and separation compliance. He noted that many of the tables were meant to be put together for larger parties. However, many times, a table for four, may only be used by two patrons. The design of the tables and space is to adequately provide for the elder and handicapped. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 9 May 15, 2017 Director Kallien responded that there are building and fire codes in place to ensure that the space does not exceed the occupancy load and that at all times there should be clear means of egress and exit. Mr. MacKellar added that even with serving patrons it is important to maintain the passageways and aisles. Member Wilczak questioned whether other restaurants have outdoor music noting he was concerned with the music facing the hotel. Mr. MacKeller responded that they would provide background music as is also used at the Cheesecake Factory. Director Kallien added that the Oakbrook Center also has tenant guidelines that regulate sound in the outdoor dining areas, which are more restrictive than the Village. Member Jain questioned the traffic at the parking entrance and questioned with the traffic was an issue for the outdoor dining area. Mr. MacKeller responded that it was not an issue and added that the Cheesecake Factory outdoor dining area abuts the ring road, which is even busier than what is proposed. There were no additional questions by the Commissioners and no one in the audience commented in support or in opposition to the request. Motion by Member Lal, seconded by Member Doyle 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 64 patrons may be provided in the outdoor dining area. b. There will be no live entertainment in the outdoor dining area. 4. Comply with all other applicable rules and ordinances of the Village of Oak Brook, including maintaining required aisle width at all times. 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 vaned or waived." ROLL CALL VOTE Ayes: 5 — Members Doyle, Jain, Lal, Wilczak and Chairwoman Tropinski Nays: 0 — Absent: 2 — Member Iyer and Sheers. Motion Carried. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 9 May 15, 2017 4. B. VILLAGE OF OAK BROOK — 1200 OAK BROOK ROAD — TEXT vos - TEXT AMENDMENT - AMENDMENT — ZONING ORDINANCE SECTION 13 -12 -4J — PARKING PARKING STRUCTURE REGULATIONS STRUCTURE REGULATIONS Director Kallien reviewed the current regulations for parking structures. He noted that there are very large setbacks for parking lots abutting streets that can be 100 feet or more. The Code is silent when it comes to the side yard or rear yard, especially those yards that abut residential areas. He used examples such as the Woodside Estates and Forest Glen subdivision that abuts commercial properties with a parking lot located within 10 feet of the property line. Harger Road and Commerce Drive abutting Steeplechase and the York Woods Subdivision that abuts the Drake Hotel with parking lots located 10 feet from the property line. The goal as directed by the Village Board was to create requirements that would treat a parking deck different from a parking lot and should be treated more like a principal structure. If the parking deck were 20 feet high, the proposed language if adopted would require that that for every foot in height would require the setback be increased by 2 feet resulting in a 50 -foot setback. He added that Mr. Huffman from the Duchossois added some text to help clarify the amendment. If the Drake would build a parking deck that would abut the properties in York Woods, a 45 -foot structure would move to a 100 -foot setback, which would be the same rule that applies for the principal building. He noted that to date there has not been a problem, but as Oak Brook redevelops, there may be opportunities for some conflicts. As part of the overall zoning update review, this language would be included. There was a sense of urgency by the Village Board to review it separately. It would only affect the area of the commercial property where it abuts the residential, not the entire parcel. He had talked to some commercial developers that believed this was fair. Barbara Lang, 50 Windsor Drive, resident of the York Woods subdivision said that she was concerned about the setback and was concerned about the noise and the light pollution. She hoped that the architectural design would also be taken into consideration. The lights that would shine into the residential and the noise and light would be reflected towards the houses. Even though the setback would be 100 feet, when in the parking structures at Oakbrook Center you can hearing the cars whizzing through and the noise is substantial. At night, the sound would intensify. The architect should address those concerns along with the lighting and noise. Director Kallien responded that the Ordinance requires that a parking structure fagade be similar to that of the principal building. As part of the review, there are a number of ordinances that the source of light as well as the regulation of sound is included. The proposed language is a good step to address the concern of parking decks being located near the resident areas. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 9 May 15, 2017 �0� Member Lal commented that he believed the corporate residents want to be good neighbors and sensitive to its residential neighbors. Director Kallien said that a corporate entity such as Duchossois may be different than a mall type use as there are people coming and going and do not have the same ownership level. The village has to step in to have safeguards. Director Kallien noted that over the next couple of months the village would get in touch with businesses that would be impacted by this to know and be part of the rules that will be adopted. The public hearing would then go before the Zoning Board of Appeals. The text would apply to any new deck or expansion of an existing deck. Motion by Member Wilczak, seconded by Member Lal to recommend approval of the proposed text amendment as follows: 4. Setback: For any new parking structure or addition to an existing parking structure that abuts a residential use and/or residential zoning district, the setback of such parking structure or addition from the lot line upon which such residential use is located and from such residential zoning district shall be at least ten feet (10') plus two feet (2') for every one foot (1') in height of the parking structure, as measured from existing grade to the highest wall elevation of the parking structure, up to a maximum required setback of one hundred feet (100'). ROLL CALL VOTE Ayes: 5 — Members Doyle, Jain, Lal, Wilczak and Chairwoman Tropinski Nays: 0 — Absent: 2 — Member Iyer and Sheers. Motion Carried. 5. UNFINISHED BUSINESS A. ZONING CONSULTANTS, TESKA ASSOCIATES — COMPREHENSIVE REVIEW OF THE VILLAGE OF OAK BROOK ZONING ORDINANCE Director of Development Services Kallien provided a brief status update of the process. He suggested that at the next Plan Commission meeting that the Commission should be ready to hand off the draft to the Zoning Board of Appeals. Mr. Kallien noted that as part of the hand off drafts of the Ordinance can then be distributed to many of the shareholders. Kon Savoy, Teska Associates, provided a brief overview of the zoning ordinance update and referred to the May 8, 2017 memorandum to the Plan Commission. He explained that memo is a recap of the items originally brought up during the workshop meetings held at the beginning of the process and then addressed in the draft Zoning Ordinance. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 9 May 15, 2017 UNFINISHED BUSINESS TESKA - ZONING CONSULTANTS, - REVIEW ZONING ORDINANCE Mr. Savoy began by explaining that language had been added to the text to address the issue of bulk in the Residential Districts. He clarified that some new homes in the Village are considerably larger than existing residences in a neighborhood. He detailed that the proposed language was added to suggest pitch or other design measures intended to prevent the new residences from dwarfing existing homes. Member Jain questioned if homeowner associations (HOA) and covenants might be a better means of limiting the bulk. Mr. Savoy responded that the Village standards set a minimum threshold for Building Permits. Director Kallien responded that the challenges with the HOA requirements are that the Village does not enforce those regulations. The Village must issue a permit if a proposal meets all the Village regulations. The Village Attorney and the Board of Trustees would review all of the proposed revisions to the Zoning Ordinance. He cautioned against the Village attempting to enforce HOA covenants. Member Jain expressed concern about creating onerous regulations that are difficult to enforce. Director Kallien agreed and provided an example where the Midwest Club has some restrictions of bulk within their covenants and it is the responsibility of the property owner to confirm compliance with their HOA. Member Jain did not object to the use of these standards as a guide, but felt that it was over stepping the authority of the Village to dictate design. Member Wilczak agreed with Member Jain, he added that these types of restrictions would limit the market value of the home in Oak Brook. He suggested that the larger homes are the product that buyers want and therefore limiting them could negatively impact their salability. Mr. Savoy pointed out that the restrictions on bulk did not limit the lot coverage, noting that as the lots get bigger so can the structures. Member Wilczak suggested that limiting bulk or footprint is going in the wrong direction and in his opinion will cost homeowners by reducing property values. Mr. Savoy noted that this issue was raised in the workshops over concern that the sizes of new homes have a negative impact on the neighborhoods and change their characteristics. He explained the concept of floor area ratio (FAR) and noted the introduction of this standard for the residential lots. He detailed that the maximum lot coverage would continue to relate to the size of the lot, the larger the lot the larger the homes. Mr. Wilczak reiterated that creating an FAR standard for homes in the residential districts was a bad idea. He suggested that the new buyers do not want to maintain large lots and desire larger homes. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 9 May 15, 2017 Member Jain, echoed Member Wilczak, and stated that the requirements would be burdensome to developers. Mr. Savoy noted that a .2 FAR was a fairly common standard. Member Wilczak observed that the neighboring communities might benefit from these regulations, because property owners could build bigger in Hinsdale, Elmhurst, or Downers Grove, which would cost Oak Brook new residents. Member Lai enumerated that he understood Member Wilczak, but countered that the Village of Oak Brook is not Hinsdale or Downers Grove. He explained that a buyer understands what he is getting when he joins a community. Chairwoman Tropinski confirmed that the community would be well informed of this debate to determine what revisions are noted and the reasons for the Plan Commissions findings. Planner Von Drasek agreed. Chairwoman Tropinski observed that the big homes near Elmhurst Hospital are too close together. She agreed with Member Lai that the big homes should be limited from overtaking the open space within the Village and noted that the community was founded as homes in the country. Member Wilczak responded that he was not comparing Oak Brook with neighboring communities, he was stating that Village compete with these communities for residents. He argued that the more limitations on development the current residents will find a reduction in their property values. Member Jain stated that making a decision to build a new home is complicated but too many regulations can effect perceptions and cost property owners. Member Lai responded that the regulations are necessary if they protect a quality of life that the current residents desire, he felt that the enforcement of these types of standards continue to make the Village a desirable place to be. Member Doyle also felt that if the standards are written that they make it easy for a developer to understand and ultimately simplify the process. The Commission moved on to other items within the May 8, 2017 memorandum. Mr. Savoy noted that the telecommunications structure would be a Special Use within the commercial districts. He explained that digital signs would be allowed in the Business Districts with some limitations. Mr. Savoy highlighted the draft outdoor sales and food truck regulations. Member Wilczak confirmed that the distance a food truck would need to be from an existing restaurant would be 500 feet. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 7 of 9 May 15, 2017 -4 Member Doyle suggested that within the "mobile food vending" section, the Code should be revised to allow for sporting organizations that are not necessarily not -for- profits or local taxing districts. The Commission briefly discussed recreation vehicles and outdoor storage. Mr. Savoy noted that the draft regulations would require a minimum of a one -acre lot or more for outdoor storage of recreational vehicles. Mr. Savoy explained the combination of the Plan Commission, Zoning Board of Appeals, and the Planned Development Commission. Member Jain supported the combination of committees to continue to streamline the process. Member Doyle raised a concern that the Ordinance reflects the Department of Development Services as the authority rather than only the Director of the Department. Temporary signage regulations were noted as a change to a specific time and location limitations. Mr. Savoy noted that many of the revisions were to confirm compliance with recent court decisions. The Commission briefly discussed real estate signage; Mr. Savoy agreed to revise this section so that this type of signage is not limited as temporary signage. The Site Plan review process was noted as complicated but the Commission agreed to make the recommendation as written and too allow further discussion to determine if the process is necessary. Mr. Savoy read the Commission the revised definitions for clinics and doctor's offices. The Commission discussed the districts where clinics would be permitted and suggested that doctor's offices by definition would be allowed by right in more districts as they are smaller operations. The Commission briefly discussed the definition of "family ". Member Doyle observed that the liberal definition could lead to a considerable number of people within one residence. Planner Von Drasek stated that staff also uses the dwelling definition within the International Building Code to determine if a second dwelling is established within a single - family dwelling. The Commission briefly discussed the differences between fences and fence -type structures. Member Doyle expressed concern that trellises may have the effect of privatizing yards in a manor not anticipated with recent discussion of fence regulations. Director Kallien agreed to review the language and follow -up at the Commission meeting in June. Member Doyle noted that he had some additional comments, which staff agreed to VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 8 of 9 May 15, 2017 �4 convey to the consultant. Motion by Chairwoman Tropinski, seconded by Member Doyle to continue the zoning ordinance updated review to the next regular meeting. VOICE VOTE: Motion carried. 6. OTHER BUSINESS There was no other business to discuss. 7. PUBLIC COMMENTS There were no comments from the public. 8. ADJOURNMENT: Motion by Member Wilczak, seconded by Member Doyle to adjourn the meeting at 9:13 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Robert L. Kallien Jr. Robert Kallien, Director of Community Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 9 of 9 -'L-24. May 15, 2017 OTHER BUSINESS PUBLIC COMMENTS ADJOURNMENT