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Minutes - 08/29/2017 - Zoning Board of AppealsVILLAGE OF MINUTES OF THE AUGUST 29, 2017 OAK B R , K SPECIAL MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON OCTOBER 3, 2017 1. CALL TO ORDER: The Meeting of the Zoning Board of Appeals was called to order by Chairman, Champ Davis in the Samuel E. Dean Board Room of the Butler Government Center at 6:34 p.m. 2. ROLL CALL: Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Natalie Cappetta, Baker Nimry, Alfred Savino and Steven Young ABSENT: Member Wayne Ziemer IN ATTENDANCE: Trustee John Baar, Trustee Philip Cuevas, Planner Rebecca Von Drasek, and Planning Technician Gail Polanek 3. UNFINISHED BUSINESS CALL TO ORDER ROLL CALL UNFINISHED BUSINESS A. OAKBROOK CENTER, LLC — TEXT AMENDMENT — ZONING OBC - TEXT M AEND - B -2 ORDINANCE SECTION 13 -7B -1 AND 13 -7B -2 — B -2 DISTRICT PERMITTED AND PERMITTED AND SPECIAL USES SPECIAL USES Chairman Davis announced the public hearing and provided an overview of the request. All witnesses providing testimony were sworn in. Chairman Davis noted that there were minutes of the August 1, 2017 meeting in regards to the Oakbrook Center and requested a motion to approve that portion of the minutes without the reading. Motion by Chairman Davis, seconded by Member Cappetta to approve the portion of the August 1, 2017 Regular Zoning Board of Appeals meeting minutes relating to the Oakbrook Center agenda item. Voice Vote Motion carried. Benjamin Freeman, GGP, Oakbrook Center, LLC, Senior Director of Community Development Kallien Development reviewed the request. He reviewed the retail VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 8�, August 29, 2017 trends in the industry. He noted that retail is going through some transition that is happening at a rapid pace that is impacting business fundamentally. E- Commerce impacts habit and has increased over the last 15 years from near nothing to almost 10 percent of all retail sales in the United States. It is not known how it will keep growing. Consumer behavior is altered and they are trying to do what they can to address some of those changes and habits. One theory shows focus on fitness and wellness as important to consumers today, which has really changed over the last 7 years and goes to the fitness, wellness and recreation. People are much smarter today about health and wellness and are willing to divert some priorities of our wallet and time to some of these uses. Retail consumption comes in many forms, such as food establishments, arts and entertainment, recreation and food services are trends that have seen a 45 percent growth over a 15 -year period. The amount spent eating out surpassed the amount consumed at home. Curation is key to remain relevant and they are looking for tools to curate Oakbrook Center in the future. They have yoga classes in a Lululemon store and it provides an experience for people that they hope will bring longer brand loyalty with their customers. Retail shopping centers used to be the destination and with E- Commerce that has changed. They are looking at Oakbrook as a hub of daily life. He reviewed the history of the Oakbrook Center back when shopping centers in the suburbs were the destinations to consolidate all the goods that people could get in a very functional way with specific needs in one building. Today, it is creating a hub of daily life. Trying to create a place where they would want to be when they are not at work or home. These could be food, entertainment, community, gathering, recreation, and shopping. In the Spring they announced that that KidZania would be taking over the vacant Sears space. KidZania is a city, which allows children ages 4 to 14 to role -play in more than 100 occupations and professions. They do field trips with schools and youth groups. Parents can bring the kids on the weekends. There are buildings, streets, cars. There are 24 locations worldwide and the first two locations in the United States are proposed for Dallas and Oak Brook. It is a cool concept that five years ago would not have contemplated for Oakbrook Center. Today, as they try to think about what will make the property relevant for consumers in the future, this is a concept that they are very excited about and the partnership with the Village to bring it to life. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 8IV August 29, 2017 Why now when Sears downsizes they have 250,000 square feet of existing square footage of which they have to come up with a solution for; which is the size of a retail center itself. The magnitude that confronts them is daunting, but is also an opportunity for Oakbrook Center to continue to be on the forefront. They like many other shopping centers has challenges to get retail space back when there are not 60,000 - 80,000 square foot users looking to sell shirts and pants anymore. They are seeking to keep it on the broaden retail definition, which is what they are seeking to do with the proposed text amendment for the Center. KidZania will occupy 75,000- 80,000 square feet. Member Young noted that he had been at the KidZania in Tokyo. He noted that the concept is similar to the children's museums like in Glenview, but on a much, much larger and more sophisticated and the organization is really impressive. It will definitely move Oakbrook in a different direction than a shopping big box mentality that usually comes with a mall. Some malls are dying a slow death and this use would attract younger people too. Member Cappetta raised concerns that it would be like a day care and babysitting. Mr. Freeman responded that it was not. They have partnerships with school districts to provide targeted field trips. It is far more educational the idea is that you do not drop off a 4- year -old and leave them for the day. Danielle Cassel, Vedder Price, Attorney for the Petitioner noted that they have an elevator with the capacity to bring in an oversized busload of kids at one time. Mr. Freeman noted that not all retail is created equal. Ms. Cassel referred to the Commercial Revitalization Plan to centralize multiple functions at the same location. There is not a ton of commercially zoned and available land within the Village limits. The plan encourages a healthy mix of uses that reduces car trips that makes more efficient use. Opportunities are created for social interaction and health and wellness. Fitness centers are permitted and a welcome use that draws people to the property. Member Nimry did not see the use for a grocery store in a shopping center. Mr. Freeman said that many of the major grocers would share that sentiment. The trend of grocery, which has also evolved, a fresh salad bar, picking up something readymade for dinner. Specialty grocery stores such as Trader Joe's and Whole Foods, with Amazon buying Whole Foods and they view it as retail with people VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of rb August 29, 2017 stopping in for a coffee or drink and picking up a few things or fresh fruit, etc. Ms. Cassel added that there are many people working in and adjacent to the Center that would run into a Whole Foods and grab a few groceries. The American lifestyle has changed which may be a ready -made dinner. Some groceries are very high end. Caryn Torres, General Manager, Oakbrook Center added that grocery stores have evolved similar to their industry. The amount spent on specialty products, organic products, prepared foods has grown as well. It is `key' to understand what their consumer and shoppers want and where they want it. The family that is already at the center already shopping for other items and the store is there the family could get those services right at their complex versus driving elsewhere. There are no immediate plans for a grocery store in the center. The Village then captures the sales tax for both. Member Bulin noted that Marshall Field's had a great grocer in the basement. Ms. Cassel noted that high -bred uses are a big part of their proposal. With the home goods store could also want to get into party planning and catering and it becomes an entire package. They see so many retail enterprises trying to adapt to the internet. Member Savino questioned whether Tesla had a test drive area, which the Plan Commission attached a condition. Ms. Torres noted that Tesla does not test drive on the property, they drive off the property to have a test drive. Ms. Cassel reviewed the items moved or removed by the Plan Commission. Chairman Davis referred the Zoning Board to page 9 of the case file where the proposed changes were listed. Member Cappetta raised concerns that some of the text with undefined terms while the Village is in the process of updating the Zoning Ordinance. She thought that if things were not things on the line for the Center right now to rework it, or mistakenly add it for things they don't know, she would vote no. She would support KidZania. Chairman Davis said that the issue was expediency not knowing how long it will be before the rewrite of the Zoning Ordinance is complete. He noted that many of the permitted uses in the original zoning ordinance are undefined. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of August 29, 2017 Mr. Freeman added that it was expediency and surety that when they are in the market they can say that they can deliver. Ms. Cassel noted that in the ordinance retail is not defined. Member Davis noted that in the standards there are reasons for the uses requested. It was suggested to move wireless communication facility to a special use. Planner VonDrasek said that definitions are often expanded upon so as to grow adding that some concerns raised by Member Cappetta are important as the text amendment is not just for the shopping center, but for the B -2 District. Chairman Davis questioned the properties located in the B -2 District. Planner VonDrasek responded 1900 Spring and the property on 1400 16t' Street. Ms. Cassel added that they were adding more specificity and clarity and to modernize the definitions. Barbershop/beauty parlor and candy, ice cream shops, she questioned why it was needed since general retail is allowed. However, if specific foods are called out that implies by silence that other kinds of food stores are not allowed. She noted that this section of the code has not been amended since 1966. Member Cappetta suggested that without a specific need right now and might not need one before the zoning code is adopted. Member Savino noted that there should be some faith in the owner that has made the Center Ms. Cassel noted that right now retail stores and shops are allowed in the B -2 District, so a grocery store could be there now. Mr. Freeman added that 1900 Spring would need to comply with the rest of the Code in regards to parking, etc. Adding a Jewel to the corner of the mall would be required to comply with the balance of the zoning ordinance as well. Subject to the other site requirements and ordinances they would need to comply with and if they could not they would come back before the Village. Due to the age and the modernization they are looking for and offering more specificity. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of --b August 29, 2017 Chairman Davis said that if this approved and then Teska will have the changes when the code is prepared. Ms. Cassel said that in the standards the stated that they wanted to work with Teska on the comprehensive rewrite. She added that this initiative began before they knew about Teska. There is immediacy to the request and this is for the future of the Center and where it needs to go. They understand that there is a larger effort than the Center and may be in effect for the interim period. Planner VonDrasek discussed the possible timeframe for the Teska draft and suggested it may reach completion with Village Board approval within a year. Member Savino questioned Farmers markets and questioned why you could purchase something for consumption but could not eat it on the premises. The board and applicant agreed the phrase should be deleted. Ms. Cassel noted they would move wireless communication facilities to the special uses. Member Bulin suggested that a test drive area is a possible use for the future which could be in a designated area of the mall or at the top of a parking deck. Ms. Cassel suggested it be included in the special uses. Member Bulin noted that the area of the mall was a natural to incorporate some residential component with GGP creating community center within the shopping center and there are people that would want to live in that community center. Mr. Freeman noted that they were trying to strike a balance with concerns that were raised of trying to do too much at this time, with too little time, which is a momentous shift. Their focus for this request is on the evolving definition of retail. They agree and are looking at it broadly across their portfolio and specifically for Oakbrook Center. They look forward to engage in the Teska rewrite of the zoning ordinance as a stakeholder as to where it wants to be and recognizing there are other properties it would apply. Their true focus was to modernize from a retail standpoint that this was their immediate need independent of the process and the surety. Member Savino asked if the portable carts are still used. Ms. Torres responded that they have not used the carts for about 2 -3 years. As part of the redevelopment they found that the glass cubes is a much more successful way VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 8 , August 29, 2017 to incubate the e- commerce brands and emerging retailers to give them a platform to actually have 4 walls and a beneficial experience for the consumer as an interactive experience. Mr. Freeman noted that they were difficult in the winter with standing outside with them and they were highly unsuccessful. If you were in an indoor air conditioned mall they do have their merits. They were the most popular when the weather was pleasant. The Plan Commission recommendation was subject to the following conditions: 1. Eliminate "test drive areas" for automobile sales. 2. Move "micro- distilleries" for restaurants from a permitted use to a special use. 3. Move "pre- school and daycare centers" from permitted uses to special uses. 4. Eliminate both "Uses that are Permitted /Special Uses in the B 1 and B3 Districts and are not classified as Permitted Uses /Special Uses in Section 13- 7B -1 and 13 -713-2 of this Chapter." from the proposed Permitted and Special Uses. 5. The legal department to review the necessity for definitions for some of the new uses being proposed. Motion by Chairman Davis, seconded by Member Young to recommend approval of the requested text amendment as requested, subject to the following conditions: 1. Instead of eliminating test drive areas as recommended by the PC, add it to the Special Use provisions 2. Leave permitted: "Electronic data storage" and move the rest "...wireless communications facilities." to the Special use provisions 3. Revise wording in the Special Uses — under Farmers' markets... "eliminate the following wording underlined "...for consumption off the premises where the sale is made provided ..." ROLL CALL: Ayes: 5 — Members Bulin, Nimry, Savino, Young and Chairman Davis Nays: 1 — Member Cappetta Absent: 1 — Member Ziemer. Motion Carried. 4. PUBLIC COMMENT There were no additional comments from the public. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 8 August 29, 2017 PUBLIC COMMENT 5. ADJOURNMENT: Motion by Member Young, seconded by Member Nimry to adjourn the meeting at 8:04 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Tony Budzikowski Tony Budzikowski, Development Services Director Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 8 1b August 29, 2017 ADJOURNMENT