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
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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
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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
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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.
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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
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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,
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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
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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
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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
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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
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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
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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.
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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
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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