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Minutes - 12/10/2015 - Planned Development Commission1 2. 3. 0 VILLAGE OF MINUTES OF THE DECEMBER 10, 2015 OAK BR kK� SPECIAL MEETING OF THE PLANNED DEVELOPMENT COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON AUGUST 24, 2017 CALL TO ORDER: The Special Meeting of the Planned Development Commission was called to order by Chairman Champ Davis, Jr. in the Samuel E. Dean Board Room of the Butler Government Center at 7:03 p.m. ROLL CALL: Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Jr., Vice Chairman Marcia Tropinski, Members Jeffrey Bulin, Thomas Doyle, Raju Iyer and Simon Sheers ABSENT: Member Natalie Cappetta IN ATTENDANCE: Dr. Mark Moy, Trustee, John Baar, Trustee, Robert Kallien, Jr., Director of Community Development, Barry Liss, Fire Chief, James Kruger, Police Chief, Doug Patchin, Public Works Director, Benjamin Schuster, Assistant Village Attorney and Gail Polanek, Planning Technician APPROVAL OF MINUTES CALL TO ORDER ROLL CALL MINUTES SPECIAL MEETING OF THE PLANNED DEVELOPMENT COMMISSION OF DECEMBER n, 2014 DECEMBER 11, 2014 Motion by Member Doyle, seconded by Member Bulin to approve the minutes of the December 11, 2014 Special Planned Development Commission meeting as written. VOICE VOTE: Motion Carried. UNFINISHED BUSINESS There was no unfinished business. Chairman Davis reviewed the requests and procedures for the Planned Development proceedings. VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 1 of 32 December 10, 2015 UNFINISHED BUSINESS 5. A. CASE NO: 2015- 11- ZO -PUD — OWNER YORK ROAD EW. LLC — ORTHOPAEDIC CARE FOCUSED MEDICAL OUTPATIENT BUILDING INCLUDING AN AMBULATORY SURGERY CENTER AND PARKING STRUCTURE — 2011 YORK ROAD — PLANNED DEVELOPMENT Chairman Davis reviewed the planned development public hearing process and swore in all those that would testify. Director of Community Development Kallien provided a brief summary of the request. James Griffin, Schain, Banks, Kenny & Schwartz, Ltd, Attorney for the Contract Purchaser, Rush Oak Brook Orthopaedic Center LLC introduced the witnesses as follows: John Mordach, Rush University Medical Center, Dennis Viellieu with Midwest Orthopedics at Rush, Michael Vinci, Project Architect with Eckenhoff Saunders Architects (ESA), Luay Aboona, Traffic Engineer with Kenig, Lindgren, O'Hara, Aboona, hic (KLOA). Peter Ziamo, Rush University Medical Center, Dustin Ericksen and Bill Schmidt with Terra Engineering, Ltd., Mike Davis with Cain Brothers RE, LLC and Jim D'Amico, representing the Property Owner, York Road EW, LLC. The property is an undeveloped parcel of land located at 2011 York Road, which is part of a three lot subdivision. It is subject to declarations and covenant of the owners of the three parcels. The main access to the subject property is from Clearwater Drive, which is a private access road located on the property to the north of the subject property. The applicant is a joint venture between Rush University Medical Center and Midwest Orthopaedics at Rush. John Mordach, Rush University Medical Center, provided some historical background. Rush Medical Center was named after Dr. Benjamin Rush, was one of the founding fathers of the country. He was the only medical school trained physician who signed the Declaration of Independence and was a personal physician to George Washington. Rush Medical College was founded 2 days before the City of Chicago was charted back in 1837. They are proud of their heritage and are honored to be here in the great town of Oak Brook. They have a four -part mission. 1.) They believe they provide world class clinical care and with the partnership with Midwest Orthopaedics that is underscored. 2.) They train the next generation of physicians, nursing leadership and health care leadership. 3.) They conduct the latest advancements in clinical research. 4.) He wanted to underscore the unwavering commitment to the communities they serve VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 2 of 32 December 10, 2015 No. 2015- 11 -ZO- POD RUSH OAK BROOK ORTHOPAEDIC CENTER, LLC - 2011 YORK ROAD - PLANNED DEVELOPMENT and has been demonstrated in all the communities they have been involved with as will be with the great village of Oak Brook. Seven of their programs are ranked nationally by US News and World Report, the highest of which is their orthopaedics program in partnership with Midwest Orthopaedics. In the entire nation of all hospitals they are ranked #2. They are financially sound and have been recognized by the rating agencies and are hoping next year to be upgraded to an AA rating as a measure of their financial strength. Dennis Viellieu, Chief Executive Officer with Midwest Orthopedics at Rush said that it is a privately held academic orthopaedic group and their vision is to provide the world's best orthopedic care, education and research. They have over 40 physicians and are 100 percent owned by a subset of those physicians. They have over 100 clinicians and today they have four clinical locations and opening a 5a' on December 14, 2015 in northwest Indiana. They also provide team physician services to the Chicago Bulls, White Sox and Chicago Fire Soccer Club. They are excited about this initiative in the Village of Oak Brook. Mr. Mordach said that this will be a destination site. They are going to provide the latest technology and think it will be a great location for the Oak Brook residents as well as surrounding communities. It will include medical office space to see patients, an ambulatory surgery center, athletic performance improvement programs, rehabilitation and recovery services, and outpatient medical services including imaging capabilities. Some of the development facts include a new four -level approximate 103,000 square feet, 75 feet tall and with four levels of parking capable of providing space for 485 cars, which is a large investment by Rush and Midwest Orthopaedics. Mr. Griffin reviewed the zoning which is 0-4 and surrounding zoning. Comparing the existing zoning and the proposed use, they will be using less. Under 0-4 Allowable Use Maximum FAR: 0.8 Maximum Sq Feet: 122,431 Maximum Height: 118 feet Use as Proposed Proposed FAR: 0.67 Proposed Sq Feet: 103,000 Proposed Height: 75 feet A number of departures are being sought from the 0-4 Zoning District: 1. 15 feet side yard along northern property line (Section 13 -10E -3 requires 30 feet) 2. 26 feet side yard along southern property line (Section 13 -10E -3 requires 30 feet) VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 3 of 32 December 10, 2015 3. 4 wall signs (Section 13- 11 -10.0 allows two wall signs) 4. 580 cumulative gross square feet of signage (Section 13 -11 -10 allows 419 square feet) 5. 485 parking spaces (Section 13 -12 -5 requires 515 parking spaces) 6. 18 months to apply for building permit (Section 13 -15 -7C requires 9 months) 7. 5 feet deep landscaped area along south fagade of parking structure (Section 13 -12 -14 requires minimum 10 feet depth and average of 15 feet depth) 8. Allow medical office and ambulatory surgery center (Section 13 -10E -1 requires office use) There are site constraints due to the size and detention pond in the front, which requires some of the variations being sought. Commercial Revitalization Plan • The Commercial Area Revitalization Plan provides that the subject property should be developed with a Class A building office use that contributes to the economic vitality of the area, is visible and accessible, capitalizes on the proximity of destinations, with high quality architecture and minimizes surface parking. • The proposed planned development will be built with Class A office building with high quality architectural materials on the building and the parking garage. It will be highly visible from surrounding roadways, which attracted the applicant to the site. The good visibility to attract the patients and help the patients to find the location of the facility. It will draw in both employees and patients from all over the area, which will contribute to the economic vitality of the Village. Comprehensive Plan The Comprehensive Plan designates the site for office or retail use. The medical office building will be located on the majority of the square footage and is compatible with general office. The ambulatory surgery center is compatible. It is not like a hospital. The patients come in for day surgery and leave the facility. It is compatible with office type uses as the major hours of the operations are during the normal daytime business hours. Architecture Mike Vinci, Principal with Eckenhoff Saunders Architects based in Chicago. Reviewed the details of the project, identifying the location of the proposed development. He reviewed the surrounding zoning and uses. VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 4 of 32 December 10, 2015 He noted that there were certain limitations of the site and were taken in consideration when they planned the development. The detention is located at the far west edge of the property and they were limited to allow enough detention for the 3 lot subdivision. They proposed no changes to the existing private driveway. They are aligning the two lots on the north and south for safety reasons. The main drive behind the building is circling and also allows access onto level two of the four -level parking garage. The rear access to the parking garage is on the east side and goes down to the lower level of the building. The service drive is on the south side of the building and is only approximately 24 times daily and is only used to be used for a service drive. There is no access to the parking garage. It is also an important drive for the fire department access. It is approximately 25 -foot wide. Due to the size of the property they are seeking relief to the 30 feet on the north side of the building and the parking structure will meet the 30 foot requirement. The building will be pushed towards the west at York Road. Service access will be recessed into the building so that all containers would be set inside the building and not visible from York Road. They are approximately two stories lower than the office building to the north and the mechanical equipment will be totally screened on the top. The total height up to the top of the mechanical screening will be 75 feet. They are proposing one monument sign at the northwest comer of York and the private drive at Clearwater along with landscaping as required by ordinance. Medical office space is on the first 3 levels with the ambulatory surgery center at the top. Architecturally they wanted to merge a very strong modern architecture which is common on York Road such as with the Hub building. The building will be primarily clad in glass and some precast concrete along with aluminum accent pieces, very simple. They felt it was important to integrate the parking structure with a similar material, but in a slightly different color in order to contrast slightly with the medical building itself. The wall signage is to gain maximum exposure and is their branding element. They are proposing to have four signs one on each of the four facades. Each sign will be approximately 5 feet tall by 22 feet wide, a total of 110 square feet. The north and south fagade are very similar. The monument sign will be in accordance with the signage ordinances. It will be 10 tall by 10 feet wide, 100 square feet. They feel that all utilities will be provided along with a water loop that runs from York to Windsor Drive. The property itself will still be approximately 35 percent green space. It includes VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 5 of 32 December 10, 2015 the detention with natural vegetation. It will sustain water during certain seasons. There will be the required evergreen landscaping along the north and east side of the parking structure. The south side of the property requires another variance, which will reduce the required 10 feet to a 5 foot wide evergreen strip. At planting it would be 8 feet tall and will get taller and denser as it matures. Additional landscaping will be located in the circular turnabout. Traffic Study Luay Aboona, a principal with Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA) located in Rosemont Illinois. They performed a traffic and parking study for the proposal. A report was submitted to the Village. • The access to the development will be primarily from the signalized intersection at Clearwater and York Road. • A secondary access will be provided to Windsor Drive through the right out only exit going southbound on Windsor. • The parking structure has access from Clearwater Drive. Main Access • Is in alignment with York Center Drive aisle to the north. • Will provide one inbound lane and two outbound lanes under stop sign control • Will serve the port-e- cochere for drop off — pickup of visitors and the structure ramps. East Access • Will provide one inbound lane and one outbound lane under stop sign control • Will provide direct access to the lower level of the parking structure. • Service access on Windsor Drive located on the south has been designed so that the trucks can pull in and out. Intersections were studied at: • York Road and Clearwater Drive • York Road and 22 "d Street • York Road and I -88 exit ramp • Windsor Drive and 22 "d Street • Windsor Drive and Clearwater Access Counts were conducted on a Wednesday • 7amto9am;and4pmto6pm • Peak hours were 7:30— 8:30 am and 4:30— 5:30 pm. VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 6 of 32 December 10, 2015 Traffic Capacity Analyses were done on weekday morning and weekday evening peak hours. • Existing conditions • Future Conditions —Year 2018 o Includes Rush Development traffic • Chamberlain development traffic • Existing peak hour traffic increased by 1.5 percent to account for regional growth in the area. Results/Recommendations • The studied intersection will continue to operate similar to existing conditions • They do not see any geometric or traffic control improvements were recommended on Clearwater Drive • Maintain Windsor Drive at Clearwater Drive as it currently exists. - Ensures Clearwater drive will continue to function as originally designed as a private drive to serve the properties it fronts only. • York Road and Clearwater Drive. They do recommend providing additional green time to westbound approach by reducing green time given to eastbound approach. — Will help reduce westbound queue lengths during PM peak. Existing high - visibility crosswalks need to be restriped for the safety of the pedestrians at the intersection. Parking Evaluation should be based on similar uses. • Development proposes 485 parking spaces - Gross square footage (103,000 square feet) Village standards indicate 30 additional spaces are needed. ITE standards indicate a parking demand range of an average of 330 parking spaces to a peak of 440 parking spaces. - -- results in a minimum parking surplus of 45 parking spaces • Based on ITE data, the proposed 485 parking spaces are adequate. Chairman Davis noted that the standards were presented in detail in the case file. There were no comments or questions from anyone in the audience. Member Bulin questioned whether they were seeking LEED certification. Mr. Vinci responded that it was their intent to pursue version 4, new construction LEED certified as a minimum level. VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 7 of 32 December 10, 2015 Member Bulin noted that he did not see any bicycle facilities on the plans. Mr. Vinci noted they would be provided in the parking garage. They are also providing a new sidewalk from their property to York Road to provide pedestrian access. Member Sheers questioned the number of handicapped parking spaces. Mr. Vinci said that they are required to supply 9 and they have provided an additional 3 spaces. Each is a generous space 9 x 18 and they are located at the second level with is the main entrance of the building as well as the lower level which is covered. Chairman Davis questioned the number of anticipated employees and where their parking would be. Mr. Griffin said they estimate 190 employees. Parking was not assigned. Member Iyer asked how many spaces would be used on any given day. Only 300 spaces would be left after the employee's spaces are used. Mr. Vinci responded that it would depend on the number of patients /visitors. He noted that they had estimated approximately 650 — 700 visitors per day, over the course of a 10 -hour day. A visit is a fairly short period of time. They feel the spaces being provided are adequate. Member Iyer asked if there were additional parking spaces if all occupied. Mr. Vinci said that they would need to have an agreement with the owner to the north, which they do not currently have. Given the constraints of the property, and the costs, they feel they are at the number they need and in addition there is a surplus. Director of Community Development Kallien asked if the State reviews parking. Mr. Vinci responded that they do not review it at that level for the Certificate of Need. Trustee Moy questioned whether there was an ambulance access bay. Mr. Vinci said that they do not have a dedicated bay; it would be at the front access door. VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 8 of 32 December 10, 2015 Member Doyle said that a sidewalk does not have bicycles on it. Director of Community Development Kallien said it would not be on the public way. Jim Kruger, Police Chief said that State Statute does state that bicycles are not supposed to be upon the public sidewalk. If it is on private property it could be designated as such for both uses. Member Doyle said that would only create an issue, if there were an accident. It would put the bicyclist at fault. There are safety pathway in the Village and questioned if one could be created instead of a sidewalk. Director of Community Development Kallien said that there is a bus stop near the sidewalk and could be a potential conflict. Normally safety pathway is typically wider to 8 feet. It could be enlarged to allow for a combined use. Member Doyle asked about the height of the garage, the number and location of lights and the possible impact on the Lions Club building. He questioned if they would see the light. Mr. Vinci responded 35 feet and the light poles are 18 feet. There are 3 light poles in the center of the parking garage. They are LED cut off lights that provides the minimum safety requirement at the center of the parking deck. The north and south exposure is to other parking areas. Those at the Lions Club will not see the lights, due to the position of the light standards, the quality of the light and the fixture itself will light the surface of the parking garage and very little light will flood off the property on either side. Trustee Baar questioned the signage variations being sought. Director of Community Development Kallien responded that this property is visible from multiple locations including Clearwater Drive, north and south bound York Road and 22 "d Street. The request to seek four wall signs that are in keeping with the Rush brand are not excessive, because you would only see a maximum of two at any given time. The wall signs on the McDonald's restaurant located on Spring Road across from the mall have visibility on four sides, to which they sought relief. It has not caused a hardship on anyone and did not set a precedent. This is unique in that most properties have one or two frontages and this property has more than that. He added that this was the purpose of the planned development regulations to seek out relief for special circumstances and uniqueness and they appear to meet that standard. VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 9 of 32 December 10, 2015 Trustee Baar questioned whether someone like Lewis University could come back and seek to add their sign on all four sides? Director of Community Development Kallien responded that they possibly could. However, Lewis University who sought a variation, take exception to the final outcome of that sign, so they would need to overcome that issue as to how any additional signs would look. Anyone can ask for anything, but we would look at the real need for the request. This property would not have any bearing on the other property. Trustee Baar thanked the applicant and added that as a Village we encourage and look at efficiency in lighting and light pollution and spillage that the older lights have. We encourage developers to put in the kinds of lights that will put the light down and not out. Chairman Davis noted that the standards for a planned development are quite lengthy and it appears that each and every standard in the ordinance was addressed in detail on pages C -C.8 of the case file. Director of Community Development Kallien noted that the walkway should be increased from 5 feet to 8 feet. There were no other comments by the members of the Commission. Chairman Davis noted that the applicant had addressed all required standards for a recommendation of approval of the proposed planned development. Motion by Member Doyle, seconded by Member Iyer to recommend approval of the proposed planned development for Rush Oak Brook Orthopaedic Medical Center to allow for the a medical outpatient building which will focus on orthopaedic care and include an ambulatory surgery center as well as a new parking structure as presented, subject to the following conditions: 1. Development is to be in substantial conformance with the approved plans including all requested waivers and variations from the Village Code for the Rush project including: A. Construction of a 103,000 square foot medical office outpatient building, which will focus on orthopaedic care and include an ambulatory surgery center; B. Construction of a four- level, 485 space parking structure. If it appears there is a parking problem, to attempt negotiations with the owner or VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 10 of 32 December 10, 2015 lessee of the adjacent property to the north to secure additional parking; C. Provide a new service and emergency access drive from Windsor Drive along the south property line with the condition that it offer no direct access to the building or parking structure; D. Construction of the walkway along the north property line to be increased from 5 feet to approximately 8 feet in size to allow for use by pedestrians and bicyclists. E. The following variations and waivers are included: 1. 15 foot side yard along northern property line (Section 13 -10E -3 requires 30 feet) 2. 26 foot side yard along southern property line (Section 13 -10E -3 requires 30 feet. 3. 4 wall signs (Section 13-11 -10C allows two wall signs) 4. 580 cumulative gross square feet of signage (Section 13 -11 -10 allows 419 square feet. 5. 485 parking spaces (Section 13 -12 -5 requires 515 parking spaces). If it appears there is a parking problem, to attempt negotiations with the owner or lessee of the adjacent property to the north to secure additional parking. 6. 18 months to apply for building permit (Section 13 -15 -7C requires 9 months) 7. 5 foot deep landscaped area along south fagade of parking structure (Section 13 -12 -14 requires minimum 10 feet depth and average of 15 feet depth) 8. Allow medical office and ambulatory surgery center (Section 13- 10E-1 requires office use) with a new service and emergency access drive from Windsor Drive along the south property line with the condition that it offer no direct access to the building or parking structure; and 2. Comply with all other Village Ordinance requirements at time of building permit application except as specifically varied or waived. ROLL CALL VOTE Ayes: 6 — Members Bulin, Doyle, Iyer, Sheers, Vice Chair Tropinski ani Chairman Davis Nays: 0 — Absent: 1 — Member Cappetta. Motion Carried. VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page l l of 32 December 10, 2015 e�a4 3. B. CASE NO: 2015- 12- ZO -PUD — JANKO GROUP LLC CONTRACT PURCHASER ON BEHALF OF PROPERTY OWNER TMBG. LLC — HYATT HOUSE HOTEL AND RESTAURANT — 210 22ND STREET — PLANNED DEVELOPMENT Chairman Davis reviewed the planned development public hearing process and swore in all those that would testify. Director of Community Development Kallien provided a brief summary of the request. Greg Spanos, Managing Director, Janko Group stated that they are the project developer and sponsor. He thanked Village Staff for all their efforts in the process. At the September 8, 2015 presentation before the Village Board, they garnered initial support for the project. They are honored and excited about working with the Village of Oak Brook. It is a very important project to the Janko Group, their partners and associates. They take pride in what they do, the quality and thoughtfulness of what they develop, and the legacy of their projects. They are good neighbors and good corporate citizens within the communities in which they operate. They have a strong track record of creating win/win scenarios with the numerous communities that they have built and developed in, such as Galesburg, Evanston, Naperville and hopefully Oak Brook. They must be astute real estate investors and have to insure they provide themselves, investors, lenders and partners the appropriate risk adjusted return on their investments, which have been substantial. They and the community need the project to be successful in order to create that win/win scenario. Founded in 1988, the Janko Group is a well capitalized and experienced Chicago based development firm with multiple offices in Chicago, Kansas City and California with a track record of success in the acquisition, development, finance, and management of all the major real estate groups, including office, industrial, commercial, residential and hospitality. If they proceed with this project they would love the idea of exploring future projects in Oak Brook. Their platform is unique in that they have in -house expertise in all facets of development, including finance accounting, asset management, legal, leasing, and an affiliated construction and hotel management companies. One of their core strategic focuses is on the development of select service and extended stay hotels. Although they have relationships with all major brands, including Marriott, Hilton, IHG, Starwood, etc., they are pursuing a considerable amount of development with Hyatt Hotels. They like the Hyatt brand for multiple reasons, not the least of which is their sleek modem, thoughtful design that has resulted in a Best in Class upscale physical VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 12 of 32 December 10, 2015 CASE NO: 2015- - 12- ZO-1 _D - HYATT HOUSE HOTEL + RESTAURANT - 210 22ND ST - PLANNED DEVELOPMENT product. Like the Janko Group Hyatt is a growth oriented company that is eager to grow their Hyatt Place and Hyatt House brands with high quality, well capitalized developers like Janko Group. He reviewed some of their current and recent projects, including the Marriott project along I -88 in Naperville, which was completely gutted and renovated to a full service Marriott and won the Marriott's coveted 2012 opening of the year award. He introduced members of their team, Peter Dubin and Margaret Seed, NORR Architects, which is an internationally renowned architectural fine with considerable hotel and restaurant design experience. Scott Wilson and Drew Walker, Kimley Horn, Civil Engineering firm, which is a national firm. John Brook, Chief Operating officer of Janko Hospitality, their affiliated hotel management company that manages upscale full service hotels throughout the Midwest. Several members of the Janko Group corporate team were present, including Gary Janko, founder and CEO, Pam Johnson, Chief Financial Officer, Richard Figueroa, Chief Operating Officer, Justin Dickinson, part of the development team and Paul Golley, construction. Hyatt sought Janko Group out as a qualified developer to identify and source a Hyatt opportunity in Oak Brook. After a multi -year search Janko contracted a 3.86 acre site at the northeast corner of 22nd Street and Windsor Drive. The site is improved with a 40,000 square foot single -story office building that was built in 1978. The site is bordered by 22nd Street, Windsor Drive and Bliss Drive. The building will be demolished. They reviewed pictures of the existing site, including surrounding buildings, views of vegetation bordering the York Woods Subdivision. Since their initial meeting before the Village Board, they took comments from the Trustees, staff, neighbors, and members of the community and did their best to take the comments into their plan to design the best as economically possible. They have added considerable upgrades to the building design, the exterior fagade and material choices. The hotel and retail building have been upgraded to be 100 percent masonry and brick construction. It was a considerable architectural cost upgrade to the project, which was in response to the feedback they had received. They feel the project appropriately captures the market and hospitality and for restaurant users and also has a stunning upscale timeless architecture and design. The mixed use element of the project also aligns directly with the Oak Brook commercial revitalization plan, which calls for both lodging and dining along the 22nd Street corridor. The Hyatt House building will include a 5 -story structure with an L- shaped orientation. There are approximately 60 Hyatt Houses across the United States and Puerto Rico. Hyatt is very particular in their design and architectural elements on the interior and exterior of its buildings. They are proposing 144 guest rooms, VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 13 of 32 December 10, 2015 11'+'° including many with equipped kitchens, one and two bedroom suites, dens, guest rooms with an open floor plan and a microwave and mini fridge. There will be approximately 1500 square feet of meeting space that will be flexible in design in order to also accommodate smaller groups. It will be predominately used by guests staying at the hotel. Hyatt House features a daily offering of a complimentary breakfast with an omelet bar, fresh fruit, yogurt, as well as other hot breakfast items. Within the lobby great room gathering area there is an H -bar that doubles as a breakfast and eating area earlier in the day and transforms into a social bar in the later afternoon and evening with appetizers and cocktails served. The hotel will feature a first -class fitness room, indoor pool, a guest market, a 24 -hour business center and a small outdoor patio /terrace with a fire pit. Hyatt House caters predominately to high income, extended stay business travelers. Leisure travelers primarily traveling on the weekends will enjoy the oversized suites and the full kitchen amenities. The hotel is also appealing to families with children or sports teams or project teams traveling. These guests are all looking for the comforts of home while they are on the road. They anticipate that the fast casual retail building to be a 4500 square foot, single - story brick structure with a potential drive -thru. The retail restaurant portion of the site represents approximately 22 percent of the total site area (84 acres). Based on their market research, discussions with retail brokers and their partners, the most likely user would want to capture the 22nd Street traffic and take advantage of the strong daytime employee population along Windsor Drive and York Road. Janko Group and Hyatt want to pursue a restaurant or retail option whose brand is consistent with what Hyatt House delivers, which is an upscale lodging experience. The fast casual restaurant concept will be strategically designed to incorporate the high quality design and architecture of the hotel. On the restaurant concept with the drive -thru they need to remain flexible to have that option. What they have garnered in terms of information from the market place and from retail and restaurant experts is that more and more fast casual dining restaurants are pushing for a drive -thru concept. They want to leave that option open should the market place dictate that that concept is desired. Timing: They anticipate closing during the late first ls` quarter early 2 "d quarter of 2016, with a hotel groundbreaking in early summer 2016. The hotel would open July of 2017. Retail leasing of the restaurant would commence early 2016 and with the hopes of identifying a user during 2016 and breaking ground thereafter. Construction of the retail restaurant would be shorter in duration estimated at between 6 — 8 months. Benefits: There are numerous benefits to the community. There will be a VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page of 32 December 10, 2015 considerable aesthetic upgrade at a highly visible corner of 22nd Street and Windsor Drive. The two all brick buildings complement one another architecturally and give a campus like setting in a mixed use environment. The Village will benefit significantly with the hotel tax generated thru the hotel and sales tax generated from the restaurant, they anticipate approximately $1.1 million in just the first 5 years of operation. They will likely sign a 25 -year franchise agreement with Hyatt, so the building will be there for the long haul as well as well as the tax revenue. The hotel and restaurant uses are in close proximity to a large employee base and a substantial local population. The community, its business, its residents and visitors will benefit both from the hotel and restaurant amenities. Clearly there will be numerous construction and permanent jobs created by the redevelopment. Drew Walker, Kimley Horn, Civil Consultant reviewed the Planned Development. They are seeking a positive recommendation for the 89,000 square foot Hyatt House hotel, associated parking, and a 4500 square foot restaurant with the flexibility to have a drive -thru and associated 45 parking spaces. This will replace the 40,000 square foot single -story office building that has reached the end of its life. Early on they met with stakeholders, Village Board, staff, the York Woods Subdivision to the south, the Lions Club to the west, Advocate Health to the north and the office development to the east. They also met with Homeowners association north of the office park, just to garner feedback. Notices were filed. Waivers: Part of the requirements was to respond to the ways that they meet commercial revitalization plan. A lot of time and resources put that plan together and they realize that it is an important document. They reviewed the plan and looked at ways that they could respond in a positive way. In doing so they believe they have created a mixed use development and have identified a handful of waivers that they will need in order to pursue the mixed use development. The following waivers are being sought Section 13 -3 -15E —Canopy height Section 13 -I OA -3.A — FAR Section 13- 10A -3.C.1 — Front yard setback and parking setback Section 13- 12 -3H.2 — Use associated with the mixed use development Section 13 -10A -2 — Drive -thru While they are seeking some waivers, they paid attention to the key elements of the commercial revitalization plan, things that are important to Oak Brook that they comply. Clearly signage, landscaping, architecture are key elements to the community and they comply with all requirements of the ordinance. They VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 15 of 32 December 10, 2015 1cc. landscaping that they are putting together will create great buffering and will exceed the number of plant materials required. The building height is below the threshold allowed by ordinance. The high quality architecture was vital to this development. The parking will be adequately served and the site lighting will use high quality LED fixtures with full cutoff at the property line and to be respectful to the neighbors and will meet all light standards of the Code. They are consistent with the goals Commercial Areas Revitalization Plan in terms of transportation, where safety and connectivity were improved. Beautification in terms of architecture and landscaping and they worked with Public Works on the infrastructure and have reached out to the Flagg Creek Water Reclamation District to make sure that they had an understanding of the flows coming off the property. Consistent with the Land Use Policies. Important concepts were to cluster compatible uses, maximizing properties facing 22 "d Street, promoting mixed -use to encourage dining and add hotel and lodging options. Consistent with Commercial Plan with promotion in highly visible areas with upscale projects. They believe the building has been positioned to take advantage of visibility to the intersection. Consistent with Development Guidelines of how to implement a positive plan. They have provided strategic placement screening of the drive -thru has been taken into consideration. In terms of implementation of the plan there is encouragement in the planned development process to put to test some of the outdated setbacks and FAR and create a powerful and successful mixed use development. Such as do you want to create a 100 foot setback off 22nd Street to create a sea of parking in one of the most visible corridors. They have replaced that with high quality architecture and landscaping to create buffers. He reviewed the site plan highlights in regards to circulation / access and safety and traffic. There is an existing right in / right out access point on the property that has been eliminated due to the number of users coming in and out so it was closed. They improved the entrance for safe fire department access. Loading will be directed to the rear of the property. They have strategically placed the restaurant on the east end of the property with a one -way access along with landscape screening elements and directing headlights to the north of the site away from residents. The wayfinding will direct users to Bliss to exit and connect to Windsor Drive. The front yard parking setback was heavily screened. There are key card access points around the hotel. At 22nd Street there is an existing earthen berm that comes up 3 feet to the property line. They proposed to come back down with their grading will come back down at 2 feet to create a 2 foot differential with an earthen berm to VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 16 of 32 December 10, 2015 their pavement grade along the south property line. They will plant a continuous row of hedges on top of the two foot berm that will be anywhere from 4 -6 feet tall, with a continuous row of hedges. There will be 6 -8 feet of total screening to the south which will completely block a headlight from cars in the parking area, while the buildings will remain visible for potential patrons. There are several mature oak trees on the east property line that will remain in place. They will be planting new evergreen/pine trees they will provide complete blockage and will be approximately 8 feet at planting. There are additional mature trees along the east side that they will be salvaging, so there will be mature trees right at the beginning of the project. They have worked with Engineering and Public Works to provide adequate fire protection through water service and fire truck circulation around the property. They will also provide underground detention and will meet the DuPage County Stormwater Management requirements. They are proposing high quality LED fixtures that will create a safe and secure environment for their patrons, while being respectful of the neighbors. They will be using full cutoff at the property line LED fixtures that will meet the .3 candle foot requirement of a residential district along the southern property line. Peter Dubin, Vice President of the US Division of KNORR. They have a relationship with Hyatt and do a lot of their prototype design for some of their select service hotels, including Hyatt Place and Hyatt House hotels. They have taken the hotel and pushed it away from 22nd Street to meet and bring down the height of the hotel from 22nd Street and the community across 22nd Street. The hotel is organized around a tower and has two guest room wings that have a lower and more residential feel. The drive -thru stack is pointing north so that the headlights at night are pointing away. There is full screening along the south and screening on the east. The issue of noise had come up at the homeowner association meeting. If there is a drive - thru, it will be in compliance with decibel requirements. The drive -thru ordering system is somewhere around 50 decibels, which is the sound of soft rain. When someone is talking in a car, it is similar to conversation decibels and will not be heard on the other side of 22nd Street. The loading and trash is tucked to the north. The Hyatt House prototype is the most upscale of all the extended stay hotels. Over the last couple of months they have ratcheted up the quality of the building. First in response to the comments from the Village Board about the quality of the architecture in Oak Brook. When the Janko Group does hotels they try to drive as much quality into their hotel properties as they can. What is now being presented is VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 17 of 32 December 10, 2015 � =ri much better than what was initially. The building itself was a combination of materials and is now different kinds of masonry along the two guest wings with metal panels at the corner of the building. They tried to take the scale of the building and break it up to give it more of a residential feel with a corporate aesthetic to anchor the two. The predominant roof height is approximately 58 feet and even the tower is well below 76 feet. It could be much larger. Hyatt would not want a lesser quality for the restaurant than the hotel so the same type of materials is incorporated into the building. The hotel and restaurant signage is white, with the exception f the H for the Hyatt logo which is blue. They want to drive the campus atmosphere throughout using the red brick throughout. They are also seeking relief to the height of the canopy. The Hyatt porte- cochere is higher and they are seeking relief to construct it. Hyatt says that the hotel is not a place to stay, but a place to live, since it is an extended stay hotel. It is different than other hotels with amenities that you would have in your living room. There is an indoor pool, a gathering room and meeting area. It can open to the lobby area or subdivided into smaller rooms. Everything flows from one area to another like an open plan apartment. He reviewed the different rooms and sizes of the guest rooms. It is a high class business traveler hotel and family traveling magazine has rated it one of the 3 highest family stay hotels in the country. Keith Demchinski, Kimley -Horn and Associates, reviewed the landscape material that meets and exceeds the Village requirements. It complements the high architectural styles of the building. All shrubs along the south consists of evergreen shrubs, shrubs grasses and all shrubs exceed 4 feet in height. Along Windsor Drive they proposed evergreen trees that will reach heights of 35 -45 feet, canopy trees, additional shrubs, perennials and ornamental grasses. Along the north property line they are preserving 7 mature trees and proposing additional shrubs, evergreen trees, perennials, and ornamental grasses. Both the north property and west property have a minimum shrub height of 5 feet at mature growth. Along the east property line 9 existing mature trees are being preserved, and they will be screening the trash enclosure with shrubs and ornamental grasses. Internal to the site the landscape plan is a little more contemporary and exceeds what is required by the Village. There are some turf areas to enhance the landscaping color and texture. Chairman Davis noted that the standards were addressed in great detail on pages C- C of the case file. It appears that all of the standards have been addressed. Chairman Davis limited the time to 5 minutes for comments and urged speakers not VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 18 of 32 December 10, 2015 to be repetitious as all questions would be answered by the applicant. Alfred Knuth, 25 Croydon Lane, York Woods said that some residents had approached him to speak on their behalf. There were concerns from those that back up to 22nd Street, due to their unique positioning. York Woods is one of the only subdivisions in close proximity to commercial areas. He asked if the funding would benefit from a TIF. Quality of the building and want them to maintain the standards for Oak Brook. Traffic was another issue. What type of clients and are they open to public housing or Section 8. They do not want a fast food such as Taco Bell, Popeye's Chicken, etc. How will it impact traffic and there are residents along 22nd Street that are worried about people coming through their community. They are also concerned about safety. Tracy Mulqueen, President and CEO of the Greater Oak Brook Chamber of Commerce in the Economic Development Partnership, which represent nearly 2,000 local companies and they all encourage the Planned Development Commission to recommend approval of the Janko Group proposal. The proposal presents a well planned hotel and mixed used development. Janko Group is a very well respected development firm with extensive hotel management experience. Janko is working with KNORR which is an international and award winning architecture and design firm. Together, based on Village recommendations have created a unique Hyatt Hotel property specifically for Oak Brook that reflects the upscale culture of this community. Janko Group has also done extensive market research to plan for the best mixed use of new site to ensure significant new revenue generation for the Village going forward. The potential fast casual upscale dining option is a nice amenity for the community, its businesses, its residents and visitors. The mixed use hotel and restaurant retail site are also in line for the goals of the Oak Brook Commercial Revitalization Plan. They plan to bring both lodging and dining options to the area. They asked that the Commission support and approve this new Oak Brook development. They also thanked them for all they do as the Planned Development Commission to grow the community's economy and function and expand the presence of architecturally stunning new properties like this in this very special Hyatt House. Stephen Haszto, 42 Croydon Lane. He said that the fast food casual would be right in his backyard. He read a few comments that his wife wrote since she was ill and could not be at the meeting. He questioned whether appropriate legal notice required by law was given. They received a letter certified mail that said there was an enclosed legal notice, but it was not included. He received a legal description and map of the property. The residents of York Woods were given one day notice for the Hyatt House project presentation which also coincided with another village meeting that same evening. The entire village should have been invited since it VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 19 of 32 December 10, 2015 affects all of Oak Brook, not just those along Croydon. His wife contacted neighbors and they had not received notice about the meeting at the Oak Brook Bath and Tennis Club. She attended the meeting at the Oak Brook Bath and Tennis Club and there were discrepancies given when she spoke to a village representative. The investor representatives were asked if they had already had the zoning and everything they needed for the hotel and they answered yes, which was not technically correct. They still need entitlements. When asked if they were seeking TIF's or tax incentives they answered no. They are seeking some assistance. Without identifying what the stand alone casual restaurant will be they are asking to be trusted. This community has no faith or confidence in a group that can't keep it honest for an hour or so. They say it could be a Panera or Gibsons Steakhouse, but what if it is a White Castle, Steak and Shake or Dunkin Donuts? Everything has been couched in terms to pacify the residents. He heard them say several times that they had reached out to the residents, but no one reached out to them. Why should we give complete strangers to the community, faceless investors, that much flexibility and power? They walked every step of the way with the folks that brought back the Drake, which have been good neighbors to York Woods by bringing back what was an eyesore in the community. That is the standard that Oak Brook deserves. It is unprecedented in the Village to have drive - thru's with the exception of McDonald's flagship restaurant. He didn't move into Oak Brook 16 years ago to move across the street from an extended stay hotel and a fast casual restaurant. When he is sitting on his patio outside having a cold beverage is he going to hear the hum of a sewing machine in his backyard or hearing someone ordering a hamburger. No other residents were asked to view a fast casual restaurant with a drive thru from their homes. There are no drive - thru's visible from home sites in the surrounding suburbs. They are all self - contained within commercial districts. It is true that the district is zoned commercial and they are all just as anxious to have the property which borders their subdivision to be properly developed successfully, but it is also true that the parcel borders a residential zoning district. The residents were given one day notice and the investors have shown no consideration for the community regarding input and planning. The theme of the project seems to be to keep it quiet and move it along quickly. There has never been a reasonable expectation based on the last 50 years of use as a business office park that an extended stay hotel and fast casual restaurant with drive thru would be developed on the site. Just as those of them who purchased their homes 16 years ago adjacent had a reasonable expectation based on the history and vision of Oak Brook that strip clubs, car dealerships, and manufacturing would not be approved for said site. Quite the contrary, the businesses along 22 Street are compatible with the area. Their quiet, 9 -5 and dark in the evening. He appreciated the testimony about the berm and the trees, but there are parking spaces along 22n d Street that will face the VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 20 of 32 December 10, 2015 back of his house. There will be a drive -thru right in the middle of his backyard. A drive -thru with its lights, microphones, people yelling orders, car headlights, tail lights, people congregating around a fire pit, food smells, garbage cans, glass windows with interior lights, unknown hours of operation, security issues, and signage are not conducive to residents. Please do not recommend that this project proceed and ask them to be the only residents of Oak Brook being asked to put up with a project such as this for this group of investors. Based on their questions there does not seem to be a solid business plan, have not answered their questions truthfully, they have no idea what will be placed in the parking lot or what type of restaurant. They have not shown any projections for need, success, profitability, or sustainability. Not only can Oak Brook do better, Oak Brook deserves better. Stephanie Kailas, 23 Chatham Lane, York Woods, said she has been a resident for over 20 years and that they had gone through a similar situation not too long ago with the Drake and a development group that blew a lot of stuff at them and told them it would be great and he is now in jail. They had a wonderful man come in and took over the Drake with the full support of the residents and the village. It appears that this group has come in and has said that they have garnered support and they have not. There are a lot of seniors who live in York Woods and don't have computers. All conversations in the York Woods Association for this meeting were via email, with one days notice. She implored the Commission to not pass it without taking the time to extend the invitation to the York Woods residents to have a sincere lengthy meeting to discuss all of the issues that they have. No one is saying that they don't want it. Based on the description and the drive -thru, and the parking has lights heading into people's backyards. She said that they don't live here and do not understand that they are like the stepchild of Oak Brook. They are the only subdivision by commercial real estate. There has to be some consideration for them as residents and taxpayers. Please take the time, look at alternatives and look at the facts. No one wants a drive -thru restaurant next to their home. Stan Papuga, 29 Croydon Lane and a resident of York Woods for 35 years. He said that Paul Butler's outlook was basically for corporate businesses, office buildings and that was the gist of what was proposed initially which has been carried forward for many years. That area has always been an office park and should remain one. A drive -thru will create traffic, security and noise problems. That hotel with the drive -thru should be in Villa Park on Roosevelt Road. It shouldn't be in Oak Brook where they reside and is an upscale community. This is a downturn in the quality of life for the residents of York Woods and all of Oak Brook, it it's passed. Jeff Krusinski, Krusinski Construction, 2107 Swift Drive, an office building in the business park since 1998 and also a member of the Economic Development Partnership for the Oak Brook Chamber. He reiterated that the Janko Group is a VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 21 of 32 December 10, 2015 la very well respected development company in their industry and operate with the utmost integrity. As a corporate member and corporate citizen they would be very much in favor of the proposal. There have many national clients and partners that fly in very often and this would be a great amenity to have within their business park to have them stay as they have several day meetings. They have about 40 employees and there are not many options for a very nice fast casual restaurant on the east side of Oak Brook. To have that along with the time constraints they have at lunch time to run over there and use that amenity would be a great benefit to their company. Jim Nagle, resident of Oak Brook for 7 years and the owner of the Drake Hotel. They welcome all the development on the east side of town. The more development the better. If they are going through the Planned Development, with the permitting process that he went through, before all the variances are granted, what market studies did they rely on in order to justify another hotel in town. He asked what percent of the taxes they are putting up are going to come at the expense of other hotels. He questioned whether it was zoned for a hotel. Director of Community Development Kallien responded that a hotel is allowed as a special use. Within a stand -alone hotel a restaurant can be located as part of that, since it is ancillary to the hotel. In this particular case there is a stand - alone hotel and they are seeking a stand -alone restaurant, which is what they need the waiver. Mr. Nagle said that in terns of the hotel he would welcome them and they could even do business together, but in terns of the restaurant and if it was a nice restaurant everyone would welcome it. If it is a Taco Bell or Dunkin Donuts he wasn't sure and that is the concern of a lot of people. If the zoning is permitted for the restaurant carte blanche, it could be a Panera tomorrow and they could change it to a Taco Bell three years from now. He questioned if the drive -thru lane was stacked how the cars would get out. Is the brick real brick or is it cast that is painted. Are 45 parking spaces enough for a 4500 square foot restaurant. He is not saying he is not for or against it, he would just like questions answered since they are not going through the zoning board and are getting all the waivers. Someone shouted out whether there was going to be a TIF. Director of Community Development Kallien responded that there was only one TIF in town, which was for the Promenade and was not aware of any other requests, especially for this development for a TIF. Mr. Nagle asked if they requested any waivers for permitting fees, or if it had been discussed. VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 22 of 32 December 10, 2015 Director of Community Development Kallien responded that like many other developments in town, they have requested that and it had been forwarded on to the Village Board. Chairman Davis asked the applicant to respond to the questions. Mr. Spanos responded to audience questions as follows: • Hyatt is the franchisor and they are the franchisee and they sign a long term franchise agreement with Hyatt. It is a very similar relationship that hundreds of thousands of other hotel owners have with other hotel parent brands, such as Hilton, Hyatt, Intercontinental Hotel Group, Starwood and the like. The parent brand Hilton, Hyatt and IHG are less frequently owning the real estate. They are rather managing the property or signing a long term franchise agreement whereby Hyatt receives royalty fees for the use of their brand, reservation systems, and for the franchisee signing up for the very strict restrictions they have in their brand and design. They go through a rigorous process not only through the municipality, but through Hyatt to garner approvals of the franchise committee. A resident interrupted and called out from the audience questioning whether Hyatt managed the brand. • John Brook, Chief Operating officer of Janko Hospitality, which is the management arm for the hotels. Yes, Hyatt does send in inspectors, they monitor the construction process, including the quality of the materials that Janko sends in as part of the approved plans. • Mrs. Spanos stated that there is no low income or Section 8 housing. • Security — They will have 24/7 video surveillance on the exterior of the building and within all of the common areas of the hotel building and the restaurant. A resident Mr. Papuga questioned from the audience that their concern was security for York Woods and have children in the Butler School system and were not concerned about the cameras around their buildings, but people from the property drifting into their subdivision, which is less than 500 feet away. • Mr. Spanos responded that they will have a captive audience within their hotel. There is a fitness center within the hotel and expect their guests will utilize it. They did not anticipate that the restaurant patrons would be meandering through the neighborhood. Chairman Davis reminded the audience that the public comment portion had been concluded and the applicant is now responding to those questions. • Mr. Walker noted that he had reviewed that they would be meeting the VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 23 of 32 December 10, 2015 requirements in regards to lighting. A photometric study had been submitted to the Village and the Hyatt marquee was included as part of that. They have taken into consideration the building and parking lot lighting. Mr. Walker said that they have the certified receipts from the mailings to the residents that met the required timeframe. The letter that had been referred to, was not that there was an additional legal notice in the letter but referred to the legal notice published in the newspaper by the Village. The letter was sent out to property owners within 500 feet of the subject property as listed by the County Assessor's office. Mr. Walker noted that the restaurant parking spaces complies with the Village Code. Mr. Walker said that in the drive -tbru there is a bypass lane and a queuing lane. The adjacent parking spaces are specifically placed at an angle so that the patrons can back out into the bypass lane. An inaudible question (unable to record) was spoken from the audience. • Mr. Spanos addressed the question. Based upon market feedback and retail experts, brokers and their partners, is that this market and use will be driven by the large substantial daytime lunch population. They do not envision the fast food restaurants referenced to by the audience. They are trying to find a brand that is in -step with the brand of their hotel. When another person shouted out from the audience, Mr. Brook respectfully requested that the comments be controlled. Chairman Davis reminded the audience that the applicant has a list of questions from the audience that they are answering. He also reminded those questioning that they were in attendance at this meeting because of the notice and had been able to provide testimony. Director of Community Development Kallien noted that everyone needs to come to the microphone as this meeting is part of a public record and is only effective if it is recorded on tape. Village Attorney Schuster said that the purpose of the meeting, and not everyone may like the answer, is not to have everyone in the public have every single question asked and answered, and answered in the way that they would like. The purpose of the meeting is for the members of the Commission to flush out all of the issues; to be able to hear the public comment, listen to the applicant, to make sure that they meet the standards that are set forth in the Zoning Code and process that information, deliberate and try to formulate a recommendation. The fact that public comments are given and just because an answer given is not liked or they don't feel VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 24 of 32 December 10, 2015 has been fully answered, that is not the role of the meeting. From the legal notice perspective, legally there was a letter sent out. From the Village's perspective, if a member of the audience is at the meeting, whether a notice was received or not, or it is felt that that it was adequate or not, if someone is at the meeting, notice was received in one way or the other and those in the audience are in attendance. If it is believed that there was something wrong with the legal notice there are legal rights to challenge the notice. It was the applicant's job to have it done appropriately. From the Village's perspective, from our Code and requirements we have received evidence that legal notice was given. The notice is in the case file packets and has met the apparent requirements for the Commission to proceed at this meeting. He asked the applicant having heard the claim of the notice, did the applicant desire to proceed. The applicant responded they wished to proceed. Mr. Schuster advised that due to the issue being raised, they did so at their own risk. Chairman Davis noted that there were several questions regarding the quality of the restaurant and asked if the applicant felt it had been addressed sufficiently even though no restaurant had been selected. — They responded they did. Chairman Davis questioned whether the applicant felt they had addressed the traffic questions. — Tim Shogren with Kimley -Horn said that in conjunction with the Village's traffic study, they prepared a review of the impacts associated with the development compared to the existing office building. He noted that due to the density of the offices in the area there are very heavy inflows of traffic in the morning and heavy outflows in the evening. The hotel and restaurant use operate on a different pattern. They will have people leaving the hotel, but not many arriving. When a lot of the office users are leaving in the evening, there will not be many leaving the hotel. It would actually be good to have a hotel development in place of an office development. Mr. Spanos pointed to the site plan and noted the significant berm that bordered the south and east property lines. He also noted that there were three lanes of traffic on 22 "d Street, a median and then an additional couple of traffic lanes, and then there is what they believe to be NICOR land, all of which is a considerable distance from their development to the south properties, varying from approximately 400 feet. A site plan was shown depicting the various distances from the proposed site, office uses on the north south side of 22 "d Street, office buildings on York Road, the Drake Hotel, the tollway, etc. in relation to the residential properties in York Woods. There is considerable existing traffic on 22nd Street and the tollway along VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 25 of 32 December 10, 2015 with the associated noise and lighting that will stay in place from those uses. It is clearly a commercial district and they believe that the use is in line with the Commercial Areas Revitalization Plan adopted for Oak Brook. They believe they have been sensitive to the neighbor's comments. Mr. Papuga asked to cross exam the applicant with additional questions. He asked what the hours of operation would be for the drive -tbru restaurant. Mr. Spanos responded that as they had pointed out, they do not know yet. They do not know the user or brand, but that the fast casual restaurants that they believe to be most likely users are a heavy daytime user with hours running from the mid morning to evening and varying hours of closing times perhaps somewhere between 9 to 11 pm. He did not foresee it being a fast food restaurant open 24/7 or open past midnight, but they do not have the user identified. Chairman Davis asked if they would be agreeable to hours of operation. Mr. Spanos said that they are already mandating the design, architecture and fapade of the building. The user will have to pay a rent that corresponds with the cost associated with the construction of the building. They are already handicapped in terms of what they will be able to offer a restaurant or retail user, so at this point they would prefer not to further limit any potential user that may entertain leasing in the location. Mr. Papuga asked if the project was predicated on having a drive -thru fast food restaurant. Mr. Spanos responded that based upon their research, market knowledge and correspondence with local brokers and with retail partners they believe the likely user is a fast casual dining option, not what is being perceived as a fast food restaurant option. He was interrupted again by Mr. Papuga. Mr. Spanos said that restaurant real estate and fast casual restaurants, quick serve restaurants, lunch, daytime operating restaurants have evolved over the years. Their architect has done over 800 Panera restaurants all over the country. Ten years ago Panera Bread said that they would not have a drive -thm concept. Today, they do. Like the hotel industry, the restaurant industry and office development and other developments evolve. Retailers evolve arguably quicker than other types of real estate development. He could not project what the restaurant landscape would look like in the future. However, they are trying to align the Hyatt House brand with the restaurant concept that will come into the development. They believe the demand will be driven by the daytime population along Windsor Drive and York Road. VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 26 of 32 December 10, 2015 Mr. Papuga noted that the 400 foot distance is shown from the building not the property corner and asked if that was the requirement. Mr. Spanos noted that the 400 foot measurement was from the comer of the retail building and has nothing to do with the property line and was meant as a point of reference not a requirement. They were just looking to provide perspective on what 400 feet looks like, across 6 lanes of traffic, a median, and an easement owned by NICOR that has a considerable berm. Village Attorney Schuster said that there was a right to do cross examination, but should be given on the floor and at the podium. According to the rules there should be a preliminary statement on what would be asked to the applicant at which point they would have an opportunity to answer uninterrupted. The only other person that can speak is the one doing the cross examination. The one, who is moderating, is the Chair. In order to get to comments in order to make sure there is time for deliberations and all things are flushed out, so the Commission can make its recommendation that it is done in an orderly fashion. It is being recorded and is all part of a record so it's important that a microphone is used and done in an orderly fashion and only one person may speak at a time. The Village Board will be reviewing the record when they make the determination. If things are shouted out it would not be in the record. Steve Haszto cross - examined Mr. Spanos. Mr. Haszto asked where he lived. Mr. Spanos responded although he said it was not relevant, Glen Ellyn. Mr. Haszto asked if there was a fast food restaurant. Drive -thru or hotel. Mr. Spanos responded that there was a Pot Belly, although he was not sure of the distance, but has taken his kids there on a number of occasions. It's very close and hugely popular within their community. He said that he saw a lot of children and families within the Clearwater development prior to the meeting and there are a number of fast casual dining options that he deemed to be upscale. Mr. Haszto asked when they were looking at homes did they specifically look for a home next to a Pot Belly or for a fast casual drive -thru restaurant. Mr. Spanos responded he did not, but he did realize the distance to the nearest commercial corridor and any high traffic generating road, any highway, and any 4 to 6 lane road that would generate traffic like 22nd Street would generate. Mr. Haszto said that he didn't want to move 400 feet from a casual restaurant or hotel. Chairman Davis noted that he was making an argument and not asking questions. VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 27 of 32 December 10, 2015 His commentary was already heard. Mr. Haszto asked if they would go forward with the project for the hotel if the restaurant was not approved. Mr. Spanos responded that they had articulated to staff, and others in the community, including Mr. Haszto's community association, which was presented to them almost a week prior to this meeting, which date had been picked by the HOA. The short answer at the meeting was given their land costs in the development and the considerable cost to develop the hotel and additional upgrades to the fagade and exterior of the building, from an economic and mixed use standpoint, that the restaurant and retail component is very important for the project. They would not be going through the process if they did not think it was important or needed. The answer would be no. Mr. Haszto asked if they would still build the hotel if the drive -thru were not approved. Mr. Spanos responded that what they are trying to accomplish is to provide a restaurant use that accommodates the marketplace. They think in order to come and lease within this retail building will want and need a drive -thru concept. If they do not they will not provide it. Based on their research they believe the concept would be leasable with a drive -thru and could be leasable without one. From a screening, berming and landscape standpoint and the perspective of the distance from this development, and have headlights facing north they believe they have done everything to accommodate the drive -thru concept. They would go ahead with the project, but could end up with a less successful retail and mixed use project, because they would not be able to lease or possibly build a total development. Problems go beyond whether or not they would build or not, but goes to the economic viability of the project. Mr. Haszto asked about the million dollars in taxes projected for Oak Brook over a 5 -year period. Mr. Spanos responded based upon the market and proforma projections the numbers were accurate. They are projections into the future, a recession and other factors cannot be predicted. Mr. Haszto asked about the taxes taken from other hotels. Mr. Spanos responded that they cannot determine the incremental demand, but there are numerous examples in and outside their portfolio, where hotels were built in communities where there was a concern regarding siphoning business from other hotels in the market and it was quite the contrary. A new hotel will create trial and will induce demand from other markets that currently house that guest. A hotel has not been built in Oak Brook since 2003 and the average age of the hotel product in Oak Brook is 40 years old. Hotel product and guests have changed in what they want, require and what they are looking for. They have designed the space to accommodate tomorrow's traveler. They will pull from other surrounding markets, such as Oakbrook Terrace, Downers Grove, Lisle and Naperville, but there will be VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 28 of 32 December 10, 2015 an increment of new demand generated by this hotel building. Mr. Haszto asked if an economic study had been done. Mr. Brook said that it was done through Peck Consultants. Mr. Haszto asked why it wasn't on the slide and asked for the projections to be shared. Mr. Spanos responded that they were not going to share their business projections with the neighborhood or homeowner association. Mr. Haszto said that they were willing to state that the Village would get a million dollars but not state where it would be siphoned off of other hotels was proprietary. Mr. Spanos responded yes. The future projections are projections. You could not get a million or you could get two million. Chairman Davis asked him to move on. Mr. Haszto said that Janko had reached out to York Woods and met with them. He questioned what efforts were made to reach out to York Woods residents. Mr. Spanos responded that through village staff they obtained contact information for the Association president. They contacted him to set up a meeting for any and all interested homeowner association members. The email and phone calls were sent prior to the December 2, 2015 meeting. The meeting was held at the Oak Brook Bath and Tennis Club for the homeowner association members. Mr. Haszto asked if he had actually seen the emails. Mr. Spanos responded that they went through the homeowner association president to coordinate with the members of his association to invite the homeowners to a presentation on the project. Mr. Haszto asked if had seen the emails. Mr. Spanos responded that he should ask Mike McMann the homeowner association president. He added that he was not privy to his email account. He was not copied on the correspondence to the members. Chairman Davis noted that Mr. Haszto was in attendance at this meeting and had plenty of time to make comments and cross examination. The questions have been asked ad nauseam about the notice and they have been answered. He knew the meeting was held and he is at the meeting today and have heard the testimony. Village Attorney Schuster added that there are strict legal guidelines about the notices that have to be sent. Those notices that are sent are through the newspaper notification as well as certified mail regarding the hearing. There is no obligation in the Village Code or under the Illinois Municipal Code to host outside meetings with homeowner associations and to provide additional notice. VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 29 of 32 December 10, 2015 Mr. Haszto asked if he read the email. Mr. Spanos responded that he was not copied on the email and added as Mr. Haszto had pointed out that his wife was in attendance at the homeowner meeting. Chairman Davis opened questions comments to the Commissioners. Member Sheers said that he was not sure what the complainants were really complaining about. They're on the other side of 22nd Street and properties were 400 feet away. Member Doyle asked for an understanding of the berm on the south end of the property along 22 "d Street. He asked how high is the berm above the surface of the parking in front of it. Mr. Demchinski responded 2 'h feet. Member Doyle said that the berm would not shelter lights from an SUV. There have been problems with landscaping, with plants dying and being replaced, especially in the winter. He did not think that a 4 foot berm would guarantee that no lights would be exposed across 22nd Street. Mr. Demchinski added that from the surface of 22nd Street the berm actually extends up 3 feet and back down 2 '/� feet to the asphalt. They actually provided one continuous row of shrubs that are staggering two rows of shrubs for additional screening. The shrubs will reach a height of 4 to 6 feet on top of a 3 -foot berm from 22nd Street. In essence the shrubbery will be between 7 and 9 feet. Member Doyle said that shrubbery is a living thing and sometimes it dies or doesn't do what you think it would do. He thought if the berm were raised slightly that would help. Member Bulin noted that there were a number of mature trees that they were trying to save that did not show up on the landscape plan. The existing vegetation has been tagged and has been maintained fairly well. Mature stock is on the east side of the lot is intended to be kept to help provide screening for the drive -thru. They would like to see as many mature trees as possible saved and care taken to help maintain them during grading. Mr. Demchinski said that they would look at it and try to save as many trees as they can. Chairman Davis asked if the Commission would like to see a condition added to increase the berm, what would be doable along 22 "d Street along with a condition VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 30 of 32 December 10, 2015 regarding maintaining the landscaping. They were areas through the Village that were to be landscaped and have not been properly maintained. Mr. Demchinski responded that they could try to increase the slope of the berm and gain another foot of height in the berm. They would agree to maintain the landscape and replace any landscape that should die. When asked about irrigation he did note that in this area landscaping and sod survives even when not irrigated. In summer months, irrigation may be needed to maintain the green color. They may be hiring a landscape crew to maintain the landscape. Member Iyer questioned the timeframe for determining the restaurant that would occupy the space. Mr. Spanos responded that they will begin to market the restaurant at the beginning of 2016. The feedback that they have gotten from brokers is that the mindset of the retail user is a shorter time set than hotels. From a development standpoint, the development of the hotel will help to market the restaurant anticipated for the beginning of 2016. Chairman Davis asked if the restaurant would ever be part of the hotel. They responded no. Chairman Davis asked that without disclosing confidential information would they be willing to keep the homeowner association apprised of the developments. Mr. Spanos agreed without disclosing confidential information that would interfere with the negotiations. There were no other comments by the members of the Commission. Chairman Davis noted that the applicant had addressed all required standards in detail on pages C -C.6 of the case file and by their testimony for a recommendation of approval of the proposed planned development. Motion by Member Iyer, seconded by Member Bulin to recommend approval of the proposed planned development for Janko Group, LLC to allow for the a construction of a five -story Hyatt House Hotel and site for a future restaurant with drive -thru as presented, subject to the following conditions: 1. Development is to be in substantial conformance with the approved plans including all requested waivers from the Village Code for the Janko project including: A. Construction of a five - story, 144 room Hyatt House Hotel; VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 31 of 32 December 10, 2015 A. Construction of a five -story, 144 room Hyatt House Hotel; B. Construction of a future 4,500 square foot restaurant with a drive -thru that is consistent with the architecture and design of the adjacent hotel. If the restaurant and proposed drive -thru do not meet the criteria with respect to location, size, design and architecture, the restaurant project will require an amendment to the approved planned development; C. Raising the height of the proposed three (3') berm along 22nd Street by approximately one (1) additional foot; D. Maintaining all landscaping along 22nd and the replacement of any landscaping that becomes unhealthy or dies to ensure consistency with approved landscape plans; E. Elimination of the southernmost access point on Windsor Drive F. Without disclosing any confidential information, maintain a dialogue with the Village and the York Woods Homeowner Association with respect to the prospects for the restaurant facility; and 2. Compliance with all other Village Ordinance requirements at time of building permit application except as specifically varied or waived. ROLL CALL VOTE Ayes: 6 — Members Bulin, Doyle, Iyer, Sheers, Vice Chair Tropinski and Chairman Davis Nays: 0 — Absent: 1 — Member Cappetta. Motion Carried. 4. OTHER BUSINESS There was no other business to discuss. 5. ADJOURNMENT: Motion by Member Iyer, seconded by Vice Chair Tropinski to adjourn the meeting at 10:44 p.m. VOICE VOTE: Motion carried ATTEST: /s/ Robert L. Kallien Jr. Robert Kallien, Development Services Director Secretary VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 32 of 32 December 10, 2015 OTHER BUSINESS ADJOURNMENT