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Minutes - 01/17/2017 - Zoning Board of AppealsVILLAGE or MINUTES OF THE JANUARY 17, 2017 OAK B R91 K SPECIAL MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON MARCH 7, 2017 1. CALL TO ORDER: The Special Meeting of the Zoning Board of Appeals was called to order by Acting Chairman Alfred Savino 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: Acting Chairman Alfred Savino, Members Jeffrey Bulin, Natalie Cappetta, Baker Nimry, Steven Young and Wayne Ziemer ABSENT: Chairman Champ Davis IN ATTENDANCE: Trustees John Baar and Mark Moy, Development Services Director Robert L. Kallien, Jr., Planner Rebecca Von Drasek and Planning Technician Gail Polanek 3. APPROVAL OF MINUTES: REGULAR MINUTES OF THE DECEMBER 6, 2016 MEETING Motion by Member Young, seconded by Member Ziemer to approve the minutes of the December 6, 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 102104114ye)R90:1 ROLL CALL MINUTES DECEMBER 6, 2016 UNFINISHED BUSINESS NEW BUSINESS A. OAKBROOK SHOPPING CENTER, LLC — TEXT AMENDMENT — OAKBROOK CENTER —B -2 ZONING ORDINANCE SECTION 13 -11 -9 — B2 DISTRICT WAY- DISTRICT—WAY- FINDING, DIRECTORY AND INTERNAL SIGNAGE FINDING SIGNAGE Acting Chairman Savino announced the public hearing. All witnesses providing VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 1 of 24 January 17, 2017 testimony were sworn in. Benjamin Freeman, Director of Development, General Growth Properties, 110 North Wacker Drive, Chicago, IL, representative of ownership highlighted the ongoing investment made by General Growth Properties into the Oakbrook Shopping Center. He emphasized the wave of investment over the past five years, including the renovation of the common areas and amenities with new retailers, dining, and the addition of entertainment as with the new luxury AMC theaters and the soon to be opened food hall. They have looked at the difficulty in getting on and off the site and the friction experienced by their shoppers, whether they are there often for lunch or once or twice a year. They looked at trying to reduce the friction of finding a parking spot and be able to navigate the site and the 11,000 parking stalls of which, there are 6700 surface stalls and 4200 deck stalls. There are a multitude of options and it can be overwhelming and they do not have a comprehensive program to provide the positive path to purchase experience. That includes whether you are at home deciding to see a movie or try a restaurant or look for clothes all the way through getting the shopper on the site to the parking spot and to the store or experience you want to get to and afterwards, getting off the site in the most convenient way. There has been anchored based signage at the mall, which they feel is not the most modem or thoughtful way of treating their customers in getting them on the site. If you were on Google maps and want to visit Vineyard Vines, previously it would dump you just at the Center without knowing where to go. They have worked with Google Maps and ways to digitally share their lease plan with Google so that it now brings you to a particular area with the store highlighted, which is an improvement. GGP also has an app that can help to note where the parking is available. They are trying to create a comprehensive system to have the data as real time. They are trying to be able to show where the parking decks are and for people to understand where the parking availability is as well as what level and what spot is the easiest to find. They have contracted with Park Assist to do a red/green light technology to show whether a deck/stall is vacant or occupied, which is visible at the entrance of the deck so that the shopper can easily tell whether or not they want to enter the deck and what the availability of parking is on each floor. At six (6) different entry points there is a small digital count of spaces available. They are test piloting the ability to count space by space surface stalls. The technology is on the frontier and not yet readily available. They are hoping that is coming in the future to further help people around the site and at the entry as they come in the site. There are a lot of different reasons that people come and they VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 2 of 24 January 17, 2017 are hoping to provide dynamic real time information. There is something similar at the Fashion outlet in Rosemont and around the region. The entry totems show a space count prior to going into a deck. The next layer is color coded portals so that it brands the deck as well. They have focused on the decks which are being upgraded to a higher level, with painting the decks as well. They are trying to create the best environment from the moment a person enters the site all the way to leaving, providing improvement to common areas, having all the restaurants, new movies and retailers. They have identified this request as one of the missing components at the Center. They are very excited and there is a high level of investment to upgrade this component on the site. Lastly, they are seeking to incorporate some digital signage within the interior common areas of the Center. Currently the directory signage is all static and they are seeking to have some digital signage and directories. It will also provide shop openings, movies and times, along with restaurants, etc. It provides another layer of a connected world where people are on their phones and online. They are seeing requests in movements in their business to improve the modem and digital offerings within the common areas as well. Danielle Cassel, Attorney for the Petitioner, Vedder Price, 222 N. LaSalle St., Chicago, IL, introduced the text amendment request and went through the components of the text. The first component is that of the entryway signs and the totems. They have included 9 restrictions because they are aware that the Village is sensitive to digital signage. Each of the conditions limits the effect of the text amendment to only the entry signs and totems located in the B -2 District, which is the shopping center along with one other property north and west of the Center. The condition also applies only to properties that are at least 50 acres in size, with at least 2,000 parking spaces, with at least 3 separate parking garages, and the signs can only be located in an interior roads and parking aisles, and not located within 150 feet of exterior property lines. The digital content can only depict FULL or the number of spaces available. At the Plan Commission they added illumination standards at the property line. The second section addresses the colored portals and all of the above limitations are also included along with the illumination standard. The third section applies to the internal modern way- finding signage. It is limited only to inside enclosed commercial establishments and outdoor areas that are surrounded on all sides by enclosed buildings and not visible to public rights of way; or that are inside of multi-story garages. The internal signage still must VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 3 of 24 January 17, 2017 obtain a sign permit and all other requirements. The Zoning Amendment Factors were addressed as follows: a. The character of the neighborhood. RESPONSE: The text amendment only applies to the B -2 District and to large developments with 50 acres, multi -story parking garages and numerous tenants. At the present time the Oakbrook Center is the only property within the Village corporate limits to which the amendment would apply. b. The extent to which property values are diminished by the particular zoning restrictions; RESPONSE: There will not be any dimishment of any other property values. This is restricted to the internal way - finding signage or if at the perimeter it is located at significant distances and meets the illumination standards for any offsite spillage. It would be minimally visible to other property owners. They think it will enhance the value of the Center. They believe it will be an amenity for drivers and visitors giving them the ability to locate parking spaces and eliminate automobile movements, which will reduce energy use and conflicts with pedestrians. c. The extent to which the removal of the existing limitations would depreciate the value of other property in the area; RESPONSE: The property is vast and complex with over 11,000 parking spaces, 6700 surface and 4400 in decks. They are trying to make it easier to navigate whether a driver or a shopper within the Center. d. The suitability of the property for the zoned purposes. RESPONSE: They are bounded by highways on the south and west and the north faces 16th Street and the Oak Brook Club where they have tried to be careful in terms of how the signs are positioned and kept distant from 16th Street. e. The existing uses and zoning of nearby property; and f. The length of time under the existing zoning that the property has remained unimproved, considered in the context of land development; RESPONSE: These are not applicable to the text amendment. g. The relative gain to the public as compared to the hardship imposed on the individual property owner; RESPONSE: They believe it will be beneficial to the public. VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 4 of 24 January 17, 2017 h. The extent to which the proposal promotes the health, safety, morals or general welfare of the public; RESPONSE: They believe it will reduce vehicular movements and they have minimized the visibility of signage from the neighboring properties. i. The relationship of the proposed use to the Comprehensive Plan; RESPONSE: The amendment is consistent with several of the goals and objectives in the Commercial Areas Revitalization Plan. One is to provide a regulatory development environment that fosters high quality appropriate and contemporary redevelopment that sustains the economic vitality of the Village's business areas. An objective is to update the sign regulations to accommodate appropriate signage necessary to the commercial areas. The fifth objective recommends facilitating more efficient and streamlined administrative and regulatory review processes. They hope the text amendment will make it clearer as to which components of the sign code, so that it applies to the internal areas of the Center. The plan also has a transportation section and the first goal is to improve the safety and efficiency of vehicular movement to, through, and within Oak Brook's commercial areas through system improvements and travel demand reduction strategies. Included as one of the objectives speaks to providing cross access and eliminating unnecessary trips. Another objective is to establish a way- finding signage system that directs motorists to key retail and office destinations. j. The community need for the use proposed by the property owner. RESPONSE: This was addressed through the presentation. Acting Chairman Savino questioned whether handicapped spaces were taken into consideration. Mr. Freeman responded that it was difficult to cascade that, but the red/light green light in the deck actually has a blue light for handicapped spaces. Member Cappetta said that at the Plan Commission meeting it was noted that the parking deck was very bright and that people had complained that it looked like a prison. She agreed and questioned whether anyone had looked into it. Mr. Freeman responded that subsequent to their December meeting there had been a couple of meetings with residents of the Oakbrook Club and that shields would be installed for the light poles on the top of the decks. There is also a portion internal to the deck where they just found out that they have the ability to dim some of the lights and they would test those to determine that they can go lower and still VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 5 of 24 January 17, 2017 provide a safe experience within the deck at night. They have also investigated other options with dimming the exterior lights and see if it helps. They are also learning as they go until they get it right to ensure security concerns and also have it a little less impactful with less spillage than currently exists. Caryn Tones, General Manager, Oakbrook Center, said that following the meeting on December 19, 2016 she met with the Oakbrook Club Homeowner Association President Ed Main and heard the feedback and concerns regarding the Red deck. They have shields on order for the top level of the parking deck. They have started to experiment with the brightness of the lights and settings for when there is motion on the deck and with no motion or activity. They are looking at the run times in the deck. They have been partnering with AMC with the theater lights on the outside of their building. They are also looking at the number of fixtures in the Red Deck. They have two objectives to ensure the safety of those on the deck especially late into the evening and to be a good neighbor to the Oakbrook Club residents. Work is in the experimentation faze and they are partnering with the Oakbrook Club to see if any may have a positive impact. Member Nimry questioned whether the lights on the top of the deck could be shut off when no one is using them. Ms. Tones responded that there is a certain amount of light they would want in regards to safety reasons even when it is not occupied so they are trying to determine what amount of light is both safe and less obtrusive to the neighbors. Member Young questioned whether there would be cameras to scan license plates or pictures of cars. Mr. Freeman responded no. Member Young asked if they looked to see how traffic would work using this technology over the holidays. Mr. Freeman responded that the digital will help to balance the size closer to the perimeter. Ms. Tones responded that all of the monitoring was done manually by the security force and would close decks as necessary. There is an App that the Center launched that could alert shoppers when necessary. This new technology would improve the travel around the shopping center rather than needing to traverse to the Yellow deck to see that it was barricaded and closed off so that a decision point could be made around the ring road and be able to make a decision to travel to another deck. Their hope is to limit the amount of congestion and traffic blockage by giving the people the information at an earlier decision point. Member Young questioned if GGP had implemented this technology and where. Mr. Freeman responded that they have had great success with it in Honolulu, VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 6 of 24 January 17, 2017 which is their biggest asset and it has gone well. They are implementing it in California and in downtown Providence, which is a very dense site where most of the parking is structured. They believe in the system to a great deal and that the Park Assist program will help to put their best foot forward here as well. Member Cappetta noted that Oak Brook does not want to be digital like Rosemont or the airport. She noted that Rosemont has the parking noted within the structure not on the outside. She did not care for the outside, but had no problem with the signs being in the inside of the garage. She suggested that perhaps it could be approved for the season over Christmas as an exception to help, but did not see the need for it at other times of the year. All of the entrances to the mall are two lanes and the signage could present a problem with traffic and possible accidents for someone to be able to see the sign in time to make a decision to turn. Member Nimry agreed, but said that people will go to the shortest lane when turning in and cut you off, without any signs and did not believe it would get worse with the signs being added where proposed. Member Young added that there would need to be an automated process that GGP would need to implement or some kind of physical monitoring to prevent that from occurring, so they would need more traffic control guards or possibly gates that seem to be quite expensive. Member Cappetta thought it best to get people onto the mall ring road, not before they get to the ring road and be forced to change direction creating an issue. Mr. Freeman said that this is a common implementation across the country in most super regional shopping centers. He was not aware of accident statistics. Their goal with evolving retail where people are less anchor based and their decision points and that orientation of the site becomes less important. The look at what has become the largest cause of friction on the site and that is the parking. Although it may be a valid concern, which is the case everywhere, but proving this information with the risk of the concern raised, will provide a safer site overall because you are limiting the movements and getting people closer to their destination more quickly. The one distinction with the portals from the fashion outlets is that there is one place to park at the fashion outlets with a captive audience. In their view this seems very internal to the site. It is not out on the right of way and in most instances they are 300 -400 feet away and to them seem to be very internal to the site. Member Bulin said that he felt that they were overstepping their bounds as a government entity by describing what the Center needs to do internally. He VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 7 of 24 January 17, 2017 .1�T thought the internal way- finding was beyond the Village control completely and they should be able to do what they want in the interior. There are no Code restrictions regarding way - finding inside a building, why should there be Code restrictions regarding way- finding in the mall. He noted that this is the 21' century and we should be making things easier for the commuter and the driver instead of more difficult. Member Ziemer noted that the in response to Member Cappetta's concern with the graphic for parking spaces on the outside. There is a difference between the fashion outlet in Rosemont and Oak Brook because there are multiple decks here. He would be very frustrated if he went into the deck anticipating finding a spot and find out it was full when you went inside; then you are stuck trying to navigate out again. Member Bulin noted that the signs are 500 feet away from the intersections and are located within the mall property. Things need to be made easier once you are in Oakbrook Center. He felt it was extremely important to make things easier for brick and mortar stores because people are getting away from brick and mortar. People need to know that they can get in quickly, find parking, go to the store that they want through Google, shop and generate the tax money for Oak Brook. Mr. Freeman added that their goal would be through Google Maps or Waze that would get you to a specific lot, specific aisle and parking spot. He talked about the trajectory of their investment in the Center and is one of the top assets in the country. Member Bulin asked if the display was a foot at the most. It won't be seen from 22 "d Street, Harger Road or Route 83. It will be so small until you get close, then you will know which deck to go to. It's important to move Oak Brook into the next century and there is probably a financial commitment to do this. It will put Oak Brook on the leading edge as it has been and we do not want to be behind. Director Kallien questioned the number of annual visitors to the mall. Mr. Freeman responded around 25 million. Director Kallien said that many of the people are probably not from the immediate area and need as much help as they can get to get where they need to go. Although he is not a mall shopper, for many years he did not know where the entrances were to the parking decks. Mr. Freeman noted that at a meeting it was asked whether anyone knew outside the people in the room where the Red deck was located. How do you orient VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 8 of 24 January 17, 2017 people to make them feel safe, comfortable and knowledgeable where they are on site? When they feel that they know where they are, it becomes a much more comfortable place to be in and knowing that you can get back and off the site. It is a comprehensive view, approach and vision that they have. Member Bulin commented that internal way- finding should be the business and control of Oakbrook Center. Ms. Cassel responded that they have had a lot of dialogue about that point over the years and that the second section in the signage chapter talks about and is only supposed to regulate signs that are visible from streets, sidewalks, public or private common open space. They have put forward with humility to the Village because they want to be partners and sensitive that the interior of the mall is not private common open space. Staff has said that the language is not very clear, and there has been a lot of dialogue in creating the text amendment to get around the ambiguity of what is private common open space. In this case the interior of the mall will comply with life safety, obtain building permits, but when it is completely enclosed and surrounded they will not be limited by the types of signage for their tenants. Director Kallien said that staff was comfortable with the proposed text and until such time as the mall has a roof, the language should be left as is. The village has a good relationship with the mall. By taking out the controlling language adds to the unknown. What they are seeking is reasonable, but the dialogue needs to continue with the Oakbrook Club, the Village and Oakbrook Center to work out a suitable lighting arrangement, so that at some point the issues are done. The Center provided encouraging news about what has been done and what could be done and that should continue to reach an end. Acting Chairman Savino asked what happened in the case of the parking garage lighting. Director Kallien responded that the standards for parking decks in his opinion, was not being violated. What has caused the angst is that technology has changed with lighting and LED lights are much brighter and are much more efficient. They are finding that there are different colors of lights that can be used in the decks. Member Ziemer said that the language almost seems overly restrictive, with being over 50 acres that it is Oakbrook Center and suggested something simpler. Director Kallien said that several Planned Developments have been approved for the mall, but the process is somewhat overbearing. At some point there may be a master agreement that captures all the things being dealt with individually, but we VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 9 of 24 January 17, 2017 want to make sure that it cannot be used or abused by other districts. Ed Main, 3 Oak Brook Club Drive, President of the Oak Brook Club Homeowner's Association said that they had agreed with Ms. Tones to meet in the future but that had not as yet happened. Since that time besides the AMC sign there is now a chicken sign to go along with all the lighting in the garage. The applicant had stated that it would not affect their property values. Years ago when they moved in, he said that when they came into the Oak Brook Club you could not tell that the shopping center was there. Now it is like a new circus has opened with all the additional lights that go way past the perimeter. They are on 24/7 365 days a year. The job of all the commissioners and elected officials is to protect property values. They offered for the Center to come out and see the AMC sign that can be seen from their clubhouse as well as from some of the units. He thanked the Commission and asked that consideration be given to the residential community and the property values and they understand that sales tax is important. Acting Chairman Savino noted that the petitioner had addressed the factors required for a text amendment. He suggested that three conditions be included in the motion for the Center to continue working with the Oak Brook Club and the Village concerning all of the lighting issues brought up by the Oak Brook Club Homeowner Association President. Member Nimry confirmed that all the signage installed would be required to comply with the illumination standards within the Zoning Ordinance. Proposed Text Amendment: The proposed text amendment to the B -2 District signage to add specific sections to 13 -11 -9, which includes the allowance of the informational way- finding signage, informational portal signage, and internal digital directory signage on properties within the B -2, Business District with the requirement that all signage will comply with the illumination standards in Section 13- 11 -4 -A.2 and the addition of a Section reference 13- 11 -9.E to the informational portal signage language within the amendment as shown below: Section 13 -11 -9. District B -2 Regulations, to add three additional sections as follows below. Note the proposed language is underlined 1. Amendment to expand 13 -11 -9A (Allowable Ground Signs in the B2 District) by adding a new subsection A.4. 4. Internal Informational/WU- finding Signs for Vehicular Traffic: In addition to the Ground Signs permitted by the other provisions of this section 13- 11 -9 -A, in a retail, commercial or mixed use VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 10 of 24 January 17, 2017 development containing no less than 50 acres, no fewer than 2,000 parking spaces and no fewer than 3 separate multi -story parking garages, up to 20 Ground Signs may be located throughout the development's interior roads and parking aisles, provided no such Ground Sign is located within 150 feet from exterior property lines. The content of such Ground Signs may include: (i) the names of tenants in the development; (ii) the name of the development itself: and (iii) digital sign elements displaying only the location and availability of parking spaces in the development's surface parking lots and multi -story parking garages. The foregoing types of Ground Signs shall not be subject to, nor deemed to be in violation of, any contrary- provisions in this title, including without limitation, subsections A. B and E of section 13 -11 -4 (excluding, however, the illumination standard in subsection 13- 11 -4A.2) and subsections A, E, H and M of section 13 -11 -7. The content of each digital element within the Ground Signs shall be limited to the location and estimated number of parking spaces available in the referenced parking garage or surface lot, or, the word "Full" or "FULL" or "full ". 2. Amendment to expand 13 -11 -913 (Allowable Wall Signs in the B2 District) by adding a new subsection B.2. 2. Informational Signs as to Locations of Available Parking: In addition to the Wall Signs permitted by subsection 13- 11 -9 -B.1 and 13 -11 -9E of this title, multi-story parking garages in the B2 District may have Wall Signs with digital sign elements that display the availability of parking spaces subject to the following conditions: i. The multi-story parking garages on which such Wall Signs are permitted must be located within a retail, commercial or mixed use development of no less than 50 acres in area that has no fewer than 2,000 parking spaces and no fewer than 3 separate multi- story parking ¢arages; ii. The Wall Signs must comply with the signage regulations in the following sections of this title: 13 -11 -3 (other than subsections B.3, B.5 and B.7); 13 -11 -4 (other than subsections 13- 11- 4 -A.1, A.3 through A.7 and E); 13 -11 -7 (other than subsection E); 13- 11 -9 -13; and 13- 11 -9 -C; iii. No such Wall Sign may be located within 200 feet from 16th Street; iv. The content of each digital element within the Wall Signs shall VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 11 of 24 January 17, 2017 be limited to: (a) the estimated number of narking spaces available on the referenced level of the parking izarage, or (b) the word "Full" or "FULL" or "full." Wall Signs complying with the foregoing requirements shall not be subject to, nor deemed to be in violation of, any contrary provisions in this title, including subsection 13- 11 -4A, subsection 13- I1 -4E, and subsection 13- 11 -7E. 3. Amendment to 13 -11 -9 (District B2 Regulations) by adding a new subsection F. F. Internal Way- finding, Directory and Merchant Signage: In retail, commercial or mixed -use developments containing no less than 50 acres, no less than one million square feet of retail and restaurant occupancies and no fewer than eighty distinct commercial occupants, the following types of Signage shall be permitted subject only to receipt of an applicable Sign Permit pursuant to Section 13 -11 -3 and compliance with the illumination standard set forth in subsection 13- 11-4-A.2 and each of the life - safety requirements set forth in subsections A.3, C. D, F, G, H, I, J, K and N of Section 13 -11 -4: (i) Signage within the development's enclosed commercial establishments; (ii) Signage in outdoor areas of the development that are surrounded by enclosed buildings and therefore are not visible to any public-right-way; and (iii) Signage inside multi -story garages that is not visible to rights of way. Motion by Member Bulin, seconded by Member Nimry that the applicant satisfied the requirements for the requested text amendment and to recommend approval of the text amendment as proposed above, subject to the following conditions: 1. That the Oakbrook Center continues to work with the Oak Brook Club residents and the Village of Oak Brook to address the lighting concerns identified at this hearing. 2. That any building permits issued for the signage as the result of this text amendment will meet all other applicable Village Codes and Ordinances. ROLL CALL: Ayes: 5 — Members Bulin, Nimry, Young, Ziemer and Acting Chairman Savino Nays: 1 — Member Cappetta Absent: 1 — Chairman Davis. Motion Carried. The public hearing was concluded. VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 12 of 24 January 17, 2017 DINING ADJACENT TO A RESTAURANT Acting Chairman Savino announced the public hearing. All witnesses providing testimony were sworn in. Aaron Beyers, Architect, DMAC Architecture, 831 Chicago Avenue, Evanston, IL, Project Architect for Michael Jordan's restaurant. Some of the initial challenges and issues were the site conditions. The property is located on the south side of 22nd Street, off a private drive, with a built up landscape bean that limits visibility to the location. It is a destination site where there are not any other restaurants and the one story building is located between two office towers on each side. Access is through a private drive just off of 22 "d Street and is surrounded by office uses. A parking garage is located to the south abutting 1 -88 along with available parking in the front of the buildings. A curb cut was added for valet parking. The landscape berm is built up with tall trees, so a challenge was how to let people know that the restaurant is there. The sign itself and canopy along with the outdoor activity is visible and more recognizable for a longer distance. He noted that there is an existing drive aisle with a 15 mph speed limit and speed bumps in the pavement. There is some parking located across from the building along with a landscape buffer between the parking and 22 "d Street. The outdoor dining will have umbrellas, landscaping and inviting for people to want to go to. The outdoor dining area will be located in the front of the 1225 22nd Street building. Pictures and view were shown to visualize the site. Outdoor dining for restaurants has become more common place and serves as a great amenity for patrons hoping to enjoy being outdoors, especially with the shorter seasonal timeframe for outdoor dining in the Chicagoland area. The restaurant proposes to utilize the existing unused landscape space outside the tenant build -out for this purpose. In addition, given the proximity of the restaurant set back on a private drive off 22nd street, the outdoor dining space would allow for increased visibility function from a greater distance. With the restaurant, they are trying to utilize the space as best they could with the key factor being health, safety and welfare of the public. They created a protective barrier in order to protect the patrons when they are outside. He provided renderings of the fagade for a view of how the exterior of the restaurant would look from 22 "d Street as well as the view as you approach the restaurant by the entrance and valet. There are two separate outdoor areas 70 seats, off the main VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 13 of 24 January 17, 2017 CORNERSTONE REST. GRP MJ RESTAURANT - 1225 220° ST— SU — OUTDOOR DINING restaurant and 12 seats off the lounge area, which would also offer food. There are steel framed planter beds that provide a protective barrier. The smaller lounge area outdoor dining section would have a four -foot boxwood perimeter hedge and within it fixed light bollards with a built up six -inch curb for safety protection. The other side would have fixed steel planters. At the Plan Commission meeting the protective nature of the barriers was discussed and they have worked with their structural engineer to develop something that is compliant with vehicle load standards by ICC. The valet area was also addressed at the meeting and it would be a no idle zone outside the outdoor lounge area. The main entrance would be between the two dining areas. There is also an entrance from the rear for access from the parking garage. There is an approximate 5.5 -foot sidewalk between the outdoor dining areas and the curb. Both outdoor dining areas can only be accessed from within the restaurant and each has an emergency exit egress gate that opens out onto the sidewalk. There is no access into the dining areas from outside the restaurant. Bollard details and impact specs for a 6,000 pound impact load were also provided ensuring safety should anyone back out of a space toward the dining area. The spaces within the outdoor areas are designed to feel of being outside yet be protected. All seasonal furniture would be removed over the winter months and the planters will provide a barrier from viewing the parking area. The outdoor dining areas provide increased visibility and exposure to the interior restaurant functions. All outdoor areas serve as functional spaces for both restaurant patrons and existing building tenants. All outdoor areas are substantially protected from errant vehicles as well as visual nuisances. Member Bulin noted that only 56 seats were shown on the plans, but they were seeking 82 and asked if the number was based on allowable square footage. Mr. Beyers agreed. Member Ziemer questioned whether the trees being removed for the outdoor dining area would be replaced on site? Tricia Rodge, Property Management for the owner, Golub, 625 North Michigan Avenue, Chicago, IL, responded that the trees being removed for the patio will be relocated to the east side of the building by the landscaping just adjacent to the entranceway to the I -88 ramp. Director Kallien said that the area along 22nd Street has a 100 foot setback. On this particular property the setback meanders. On the west end it is 127 feet and the east end it is in the 90's. This occurred because 22"d Street and I -88 have gotten a lot bigger over the years where dedications and easements were granted. Formerly there were 4 lanes on 22nd Street; there are now 8, ten lanes wide. The tollway ramps have been enlarged so the property line has been moved over the years. There is a provision in the Code to accommodate that, so there is no VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 14 of 24 January 17, 2017 violation by the placement of the outdoor dining area or the proposed signage and they are still providing 91 -100 foot setback, which meets the intent of the Code. Mr. Beyers reviewed the special use factors as follows: 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location; RESPONSE: Outdoor dining for restaurants has become more commonplace and serves as a great amenity for patrons hoping to enjoy being outdoors, especially with the shorter seasonal timeframe. The restaurant proposes to utilize the existing unused landscape space for this purpose. In addition, given the proximity of the restaurant being set back on a private drive off West 22nd Street, the outdoor dining space would allow for increased visibility to the restaurant from a greater distance. 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; RESPONSE: The outdoor dining areas are broken into (2) separate spaces: the space to the west would contain 12 seats outside the lounge and would be protected by equally spaced integrated light bollards within a perimeter landscaped hedge. The other outdoor dining area is an extension of the indoor dining room containing 70 seats and would have a series of perimeter spaced metal framed planters over clad with wood that could withstand vehicle impact loads. (2) decorative metal gates will be used for exiting only (no entry will be allowed from this point). There will also be (3) outdoor umbrellas with integrated heat & light. All tables, chairs, and umbrellas will be movable and stored indoors during off-season months. All outdoor dining areas will be maintained, regularly cleaned and comply at all times with all applicable requirements of the DuPage County Health Department. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. RESPONSE: The restaurant and outdoor dining space is located along the 1- story portion that connects (2) existing office towers to the east and west. This adjacency would cause minimal interference or impact to the adjacent office tenants or adjacent complexes in the neighborhood. The proposed outdoor dining area will provide food and drink service only and will not provide any live music or entertainment. The restaurant location itself would also serve as an additional amenity to tenants working in the adjacent buildings. There are no other restaurants on the premises, so the value of adjacent businesses would not be impacted. VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 15 of 24 January 17, 2017 Member Young questioned that there would be a handicap ramp. He also questioned the location of the bollards by the lounge area. Mr. Beyers responded that there were eight (8) light bollards on the west side. Director Kallien noted that a variation had been approved for additional parking spaces in front of the buildings. They indicated the spaces were needed if they were going to be able to market the center area of the building complex for a restaurant. He would expect the spaces would be used for the proposed restaurant. Ms. Rodge said that they would have 30 parking spaces designated up front specifically for the Michael Jordan's restaurant. The rest of the parking in the front would be first come first served. The covered parking garage is reserved only during the day and would be available for use in the evening. Acting Chairman Savino suggested that signage be added in the evening, since the spaces are just marked reserved. Trustee Baar noted that when the additional spaces were approved by Tuscany was for the restaurant and part of the discussion was for additional screening. His general impression was that as part of the Village's streetscape they would like to see more screening added along the front parking spaces. Director Kallien noted that prior to the new parking being added it could be agreed that the landscaping was deficient. However, when the new spaces were added new landscaping was added by the new ownership and complies with the Code. It would be impossible to do what was done by Tuscany, just by the mere distances. Additional fagade improvements were also made to the building. Over time the level of landscaping will increase as it grows. If something dies however, it needs to be replaced. Trustee Baar said that the Village was spending millions on streetscape and there is kind of a wow factor when you enter Oak Brook, which can only help the building and restaurant and it comes together as a whole. He encouraged them to look at the landscaping so that patrons do not see 22 "d Street. Ms. Rodge responded that over the past 15 -18 months they invested over a million dollars into landscaping and improvements on the property, especially in the front. They have added a new court yard between the buildings and the parking garage. Acting Chairman Savino brought up the issue of parking on the site, noting that the entire lower level of the parking deck is reserved even though there are ample parking spaces, but then he ends up parking on the upper deck of the garage, VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 16 of 24 January 17, 2017 which was not pleasant when it was cold. Ms. Rodge noted that 80 percent of the 2 °d level is usually vacant. Member Ziemer commented that several trees will be removed in the outdoor dining area, he would like to see them replaced on the site subject to staff review and approval. The Board agreed. Ms. Rodge agreed. There were no additional questions by the Members. There was no public comment in support of or in opposition to the request. Motion by Member Bulin, seconded by Member Young that the applicant satisfied the requirements for the requested special use for the outdoor dining area to recommend approval, 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 82 patrons may be provided in the outdoor dining areas. b. No live entertainment, sound systems 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." 6. The trees being removed for the outdoor dining are to be replaced on the site as reviewed and approved by Village Staff to ensure compliance. ROLL CALL: Ayes: 6 — Members Bulin, Cappetta, Nirnry, Young, Ziemer and Acting Chairman Savino Nays: 0 — Absent: 1 — Chairman Davis. Motion Carried. The public hearing was concluded. VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 17 of 24 January 17, 2017 5. C. 1ViJ1AV1V11 \1 - REGULATIONS Acting Chairman Savino announced the public hearing. All witnesses providing testimony were sworn in. Aaron Beyers, Architect, DMAC Architecture, 831 Chicago Avenue, Evanston, Project Architect, reviewed the requested variations. They were seeking approval of the total number of signs and the height of the monument signs. The existing conditions are similar to that presented for the special use request. The proximity of the restaurant itself off of 22 "a Street and being within an office zoned area. Being a restaurant visual presence is a key factor maintaining the business especially when it is isolated from other similar functions. He provided site views of the buildings and the area in the context of how the site is viewed as people drive by looking for the restaurant or just seeing what is around the area, if unfamiliar. Heading east it is viewed through the trees and the landscaped berm. It is difficult to see the existing monument sign. The current height is 10 feet and they are seeking to raise it to 14 feet to add space for the Michael Jordan's Restaurant and it needs to differentiate itself from the other office tenants occupying the towers. They are proposing to raise the top up four feet and placing the Michael Jordan's sign directly underneath it. It will also give visibility for the other office tenants. There are more restrictions looking at the area going west due to the taller trees. There is a canopy swoop in front of the restaurant and creates a marker where there would be an MJ logo facing east and west so that it is visible coming down 22 "d Street. There will be a sign parallel to the restaurant with the Michael Jordan's restaurant sign on it. A third monument sign would be located on the far east, to help in case someone missed the turn to enter before making the commitment to get on I -88. He reviewed the signage details for the proposed wall and monument signs and elevations. The two existing signs will increase to allow for the Michael Jordan's sign and another sign will be added by I -88. The color on the wall signage keeps it from getting lost in a sea of the office towers. Supporting the request it was noted: • An important part to maintaining a business in the restaurant industry is having a visual presence. One of the best strategies to achieving this is through signage design and location. VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 18 of 24 January 17, 2017 CORNERSTONE REST. GRP- MJ RESTAURANT- 1211-1225-130122m ST- VARTIONS- SIGNAGE • Signage designed to account for the storefront being set back off 22 "d Street and behind a landscape berm and trees. • Signs isolated along a one -story podium behind existing office towers to not alter the character of the locality. • Signage designed to not be detrimental to public safety and welfare. • Signage is separated enough from to not impact other properties or neighborhood improvements. Member Ziemer asked if other monument signs had been modified along 22 "d Street. Director Kallien noted that the main difference is that directly across the street is the Oakbrook Center, which is zoned B -2 and they are allowed to have 30 -35 foot high monument signs. On the south side of the street where the tall buildings are located it would seem the scale would be reversed. He was not advocating changing it to that degree, but with what they are trying to accomplish and the scale of the buildings, the setback that exists, and the width of the roads in that area, there is some to a modest increase to the height of the monument signs. Member Ziemer noted that they would be adding 50 percent to the monument signs seems a little out of scale. Director Kallien said that the way the building is designed he questioned whether they would every get any wall signs on the buildings. The only place to get signage for the two towers and the annex building is either with monuments or as what has been proposed. The overall amount of signage they are requesting is far less than what is permitted by Code. For these three properties the Code allows up to 2,000 square feet of signage. They are nowhere remotely close to that. Acting Chairman Savino noted that there was a property along I -88 that received a variation for a taller sign. Director Kallien responded that 700 Commerce requested a variation up to 15 feet. When you drive by it, it probably is still not at the right height. There are ten lanes of traffic going 60 mph and the 15 foot sign looks out of place. Member Ziemer noted that if we think the sign regulations are inadequate for the towers maybe it should be changed. Director Kallien agreed and noted that at some point the zoning process will be before the Zoning Board. Currently the monument signs, has one size fits all. So that a two -story office building zoned ORA -1 can have a 10 foot monument sign and this property, zoned 0-3 with two 13 -story towers can have a 10 foot high monument sign. There is a scale problem that should be addressed. VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 19 of 24 January 17, 2017 Acting Chairman Savino noted that the Variation Standards were submitted in writing beginning on page C.1 of the case file. Mr. Beyers addressed the variation standards for the number of signs on a lot, as follows: 1. a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located. RESPONSE: An important part to maintaining a business in the restaurant industry is having a visual presence. One of the best strategies to achieving this is through signage design. The total number of signs would be modifying the two existing monument signs, add one new monument sign, the two signage marker wall signs and the Michael Jordan's Restaurant wall sign. 1. b. The plight of the owner is due to unique circumstances. RESPONSE: The storefront of the restaurant is located within an office building complex and se back along a private drive and behind a landscape berm and several large trees and shrubs off of 22 Id Street. Both factors limit visibility from passers -by trying to locate the restaurant along 22 Id Street. In context the restaurant is also located between two office towers. Several other restaurants in the area are located in or near adjacent spaces that are generally considered more public, such as the Oakbrook Center located across the street, making visibility and accessibility a limited concern. 1. c. The variation, if granted, will not alter the essential character of the locality. RESPONSE: The proposed variation is set back from 22 °d Street making this storefront more difficult to see. The essential character of the immediate locality is mostly defined by the office building on both sides. They were trying to pay homage to that but also provide their own identity and was done in the storefront language, but defining their own presence with the canopy and signs 2. a. The particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out. RESPONSE: The larger trees and shrubs and landscape berm between their space, the private drive and 22nd Street, limit a lot of the visibility that they feel is needed to have a successful business. VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 20 of 24 January 17, 2017 2. b.The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification. RESPONSE: The tenant space is within the one -story portion of between two office high rises. Signage standards for restaurants require more visual presence that fall in line with the overall restaurant industry. 2. c. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. RESPONSE: The proposed signs for the restaurant are isolate and set back from the main street enough to not be detrimental to the public welfare. 2. d.The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood. RESPONSE: The two monument signs exist and are located within a landscape buffer so that they are not along the right of way or near a sidewalk. They do not affect light or air quality. e. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property. RESPONSE: It is more to maintain the business and not just make money. It's to let people know where the restaurant is located. 2. f. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. RESPONSE: The hardships imposed are based primarily on the existing conditions on the site that they were challenged with. Acting Chairman Savino said that he had some issues with the proposed signage and felt that part of it with the MJ was almost a billboard. As far as the success of the restaurant is concerned there is Tuscany to the west and like type restaurants along York Road, such as Jason's Deli, Chipotle, Roti and a number of others that are set back off of 22 "d Street and they all prosper. He would agree with the monument sign request. VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 21 of 24 January 17, 2017 Member Ziemer clarified that they were not seeking a variation to the size of the signage and that what is proposed fits per the zoning. Director Kallien agreed. He clarified that they were seeking the ability to increase the height of the monument signs from 10 to 14 feet. The second variation is not to the Michael Jordan's restaurant sign, which meets the Code and could be 385 square feet. Because the sign wraps around and are creating an additional sign that is perpendicular to the building is really the variation they need for a second wall sign with the MJ. Member Bulin said that they have created an architectural element, which does not need the variation, they could have it by right; it is the MJ. The element is focused to the entrance of the restaurant. Adding the MJ makes it a sign. Member Ziemer noted that the MJ was being placed perpendicular to the road in order to have visibility. Mr. Beyers agreed. Director Kallien noted that the sign code was rewritten 5 years ago, and we became mindful of the corporate logos and identifiers. This is part of his corporate identity for his name on the restaurants, similar in a smaller scale to the golden arches. Member Ziemer said that he was at the site and across the street is Gibsons with a large two faced sign and it is in keeping with that and he did not have an issue. Director Kallien noted that with the changes to the sign code, Tuscany could come back and do something different. Member Nimry said that it was a nice sign and did not have an issue with it, but did not feel it fit the Oak Brook image. If it is in the Code, then there is nothing that you could do about it. Director Kallien noted that it was a taste issue and the vote should be what was right and in the context of the code. Member Young noted that it should not be a matter of taste, there should be subjective criteria. Acting Chairman Savino questioned signs would need a variation if they were flat. Director Kallien responded that it would not. He added that they are trying to VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 22 of 24 January 17, 2017 create something unique that is going to draw attention to the restaurant. Gibsons did that to some degree, as was done over at the mall with Perry's and Pour House. They are trying to draw you in. This user does not have a big wall behind it because of the design of the building with the two towers they are limited as to where the sign could be. The mall is evolving and changing dramatically as far as its look and feel to its customers. Maybe the direction of this type of sign is going to become more the norm. There is going to be a tremendous amount of redevelopment in Oak Brook. It is nothing like the fashion outlet, but is something unique. There are only five in the US. Mr. Beyers noted that part of this was an evolution of the brand and rebranding with the geometry and the canopy, which is meant to be the feature that draws you there. Member Bulin said that we cannot be stagnant and stop something for being progressive. Member Young added that if it becomes a subjective issue for the Zoning Board then it will go to the wisdom of the Village Board to make the decision. Motion by Member Bulin, seconded by Member Ziemer that the applicant satisfied the requirements for the requested variations to the Sign Regulations to recommend approval, subject to the following conditions: 1. The design and placement of the proposed signs shall be in substantial conformance with the plans as submitted and approved. 2. Add the conditions "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: 5 — Members Bulin, Cappetta, Nimry, Young and Ziemer Nays: 1 — Acting Chairman Savino Absent: 1 — Chairman Davis. Motion Carried. The public hearing was concluded. 6. OTHER BUSINESS Director Kallien reviewed and provided an update of possible future cases. Planning Technician Polanek reminded the Members that the regularly scheduled Zoning Board meeting on February 7, 2017 would be canceled. VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 23 of 24 January 17, 2017 OTHER BUSINESS 7. PUBLIC COMMENT There were no additional comments from the public. ADJOURNMENT: Motion by Member Nimry, seconded by Member Young to adjourn the meeting at 9:25 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Robert L. Kallien Jr. Robert Kallien, Jr. Director of Community Development Secretary VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 24 of 24 r January 17, 2017 PUBLIC COMMENT ADJOURNMENT PUBLIC COMMENT There were no additional comments from the public. 8. ADJOURNMENT: Motion by Member Nimry, seconded by Member Young to adjourn the meeting at 9:25 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Robert L. Kallien Jr. Robert Kallien, Jr. Director, Development Services Secretary VILLAGE OF OAK BROOK Special Zoning Board of Appeals Minutes Page 24 of 24 January 17, 2017 PUBLIC COMMENT ADJOURNMENT