Loading...
Minutes - 05/01/2018 - Zoning Board of AppealsVILLAGE OF MINUTES OF THE MAY 1, 2018 OAK BR REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON JUNE 5, 2018 CALL TO ORDER: 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 7:03 p.m. 2. ROLL CALL: ROLLCALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Natalie Cappetta, Baker Nimry, Alfred Savino, Steven Young and Wayne Ziemer IN ATTENDANCE: Trustee John Baar, Director Tony Budzikowski, Planner Rebecca Von Drasek, Planning Technician Gail Polanek and Village Attorney Kurt Asprooth APPROVAL OF MINUTES MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF APRIL 3. 2018 APRIL 3, 2018 Motion by Member Nimry, seconded by Member Bulin to approve the minutes of the April 3, 2018 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS NEW BUSINESS A. VOB — SPECIAL USE AND VARIATIONS — VILLAGE OWNED VOB - SPECIAL usE AND VARATIONS - COMMUNICATIONS TOWER VILLAGE OWNED COMMUN. TOWER Chairman Davis announced that the application had been withdrawn by the applicant and would not be heard at the meeting. VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page ,Iof 12 May 1, 2018 y V 5. D. 9 WOODSIDE DRIVE — ZONING VARIATION TO SIDEYARD 9 WOODSIDE VAR - ABUTTING A STREET SETBACK — 2 -CAR GARAGE ADDITION - GARAG EADDITION Chairman Davis announced that the matter will not be heard and will be continued at the applicant's request in order to amend the application. Motion by Chairman Davis, seconded by Member Nimry to continue the matter to the ZBA June 5, 2018 meeting. ROLL CALL: Ayes: 7 — Members Bulin, Cappetta, Nirnry, Savino, Young, Ziemer and Chairman Davis Nays: 0 — Motion Carried. 5. E. VOB —TEXT AMENDMENT —TO ADDRESS AGE RESTRICTED MULTI- voB-TA-ADDREss AGE RESM FAMILY LIVING FACILITIES MULTI -FAM II YCTED LIVING FACILITIES The Plan Commission continued this matter at its last meeting due to the late hour and anticipation that it would take some time to review. The matter will not be heard by the Zoning Board until the Plan Commission forwards a recommendation. Motion by Chairman Davis, seconded by Member Young to continue until the completion before the Plan Commission. ROLL CALL: Ayes: 7 — Members Bulin, Cappetta, Nimry, Savino, Young, Ziemer and Chairman Davis Nays: 0 — Motion Carried. 5. B. 2100-2122 YORK ROAD — CLEARWATER DEVELOPMENT — AMEND 2100-2122 YORK RD- CLEARWATER DEV - SPECIAL USE PERMIT S-1183 FOR A SENIOR HOUSING AMEN n S.U. POwn DEVELOPMENT s-1183 FOR A SENIOR HOUSING DEV C. 2055 CLEARWATER DRIVE — SENIOR LIFESTYLE DEVELOPMENT — 2055 CLEARWATER DRIVE - SENIOR VARIATIONS LIFESTYLE DEV - VAR Chairman Davis announced the public hearing and the applicants request for both a Special Use and several Variations. Member Bulin pointed out that there was a time element to the variation of Section 13-14-617 of the Village Code which prohibits the reapplication for a variation for a period of one year from a denial and suggested that variation should be heard first. VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page,2 of 12 May 1, 2018 __fb Chairman Davis identified the applicant and owner of the property, and provided an overview of the requests. He noted that the subject property was part of a special use approved in 2007, which the applicant is seeking to amend in addition to a second request for variations to allow the construction of the proposed structure. All witnesses providing testimony were sworn in. Bridget O'Keefe, Daspin & Aument, 300 S. Wacker Drive, Suite 2200, Chicago, Illinois, attorney for the applicant/contractor purchaser, Senior Lifestyle Development seeking the necessary approvals to develop Lot 6 of the Clearwater Development. She mentioned that this was the same project that the ZBA unanimously recommended in October of 2017, but that the Village Board of Trustees denied the request, which was the reason they were once again seeking a recommendation from the ZBA. Since the time of the BOT denial there have been several discussions with the village regarding potential issues with emergency services and there was a willingness to review the project now. She believed that the need to go forward now goes to the viability of the project and that the current economic environment in Oak Brook was strong for this type of development, and that there was interest for financing the development. They were concerned about what the situation may look like one year from now. Looking at the merits of what the project offers Oak Brook in terms of the project that within the last six months had increased nearly 5 million dollars. She noted that there was a need to finally complete the Clearwater Development which had been languishing since 2007 and the village would benefit greatly from this project. A written summary was provided as to why they believed this variation meets the standards. Looking at the standards the project would not yield a reasonable if they must wait the full year just because of escalating costs and interest rates. It will not have any impact on the health, safety, welfare or property values, etc. Without it they cannot move forward. Member Bulin agreed that the variation for relief to Section 13-14-617 (one year waiting period to reapply) and that the hardships were not created by Senior Lifestyle, but by the Village Board, and thought it would be precedent setting to waive the year waiting period. Chairman Davis stated that he had never seen this request in his many years on the Board and did not believe granting this variation would set any precedent. Ms. O'Keefe added that the Village Board would not have encouraged them to go forward and are willing to reconsider the case, and hopefully not deny it and in most cases they would not encourage a reconsideration. This also is why this is also a unique situation. VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 3 of 12 May 1, 2018 I� Director Budzikowski stated that approval of this particular variation was necessary for the application to move forward and to potentially be approved. Chairman Davis stated that it appeared the standards to recommend approval of the variation had been addressed for this particular variation in writing and by the testimony. All agreed that this is a unique situation. Motion by Member Ziemer, seconded Chairman Davis to recommend approval for a variation of Section 13-13-6F which prohibits the reapplication for a variation for a period of one year from a denial. ROLL CALL: Ayes: 4 — Members Cappetta, Savino, Ziemer and Chairman Davis Nays: 2 — Members Bulin and Ninny Abstain 1 - Member Young. Motion Carried. Chairman Davis stated that the applicant was seeking to amend Special Use Ordinance S-1183 to allow the construction of a 200 -unit senior housing development. They were also seeking approval of five variations which were previously considered by the ZBA in October 2017 and recommended approval it for approval by a vote of 7 to 0. • The relief sought to Section 13-3-17B.2 is to allow an eight -foot fence around the memory care garden area of the proposed development rather than the permitted height of 42 inches. • The side yard setback in Section 13 -10E -3C.2 of the 0-4 District standards is 30 feet, the request is to allow a zero side -yard setback for the loading berth and a reduced setback for the generator. • Section 13-12-7G.2 requires four loading berths for non -office uses in the 0- 4 District; the request is to provide only one loading berth. • The maximum height of screening required by Section 13-12-7A.1 for loading berths is eight feet, the applicant is requesting to increase the height of the screening for the one loading berth to 12 feet. • Section 13-124C details the required parking lot landscaping specifying an interior tree for every 15 parking spaces. The applicant is requesting to consolidate the landscaping within the parking lot. Ms. O'Keefe stated that the application remains the same as the October 2017 application with the exception of adding two trees which were required by ZBA at the last hearing. She reviewed the standards and introduced Supplemental materials in binders that included all materials and exhibits from all past village hearings on the first application. VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 4 of 12 May 1, 2018 Robert Gawronski, Vice President Development, Senior Lifestyle Development Company, 303 E. Wacker Drive, Suite 2400, Chicago, IL, thanked the board for their past support and for their willingness to hear the matter once again. He provided an overview of the company noting that they were a Chicago based company and have been in business for 32 years. They are the 6`s largest operator of senior housing in the country with locations in 190 different communities in 27 states. They have developed 55+ senior housing communities and have a workforce of over 10,000 employees. They provide independent living, assisted living and memory care with the focus on hospitality services for senior living. The positive impact on Oak Brook would include a retirement community that does not exist in Oak Brook. Oak Brook's population is only about 8,000 people and the Chamber estimates that more than 100,000 people work or visit Oak Brook each day. Within 5 miles of the Clearwater site there are more than 10,000 households over the age of 75 earning more than $75,000 per year. There are more than 24,000 adult children (45-64) earning more than $100,000 per year. The market study by Health Trust confirms the unmet demand in the primary market area. The project will be at least an $80 million investment to create a luxury housing option for Oak Brook seniors who want to stay in their community. This will complete the final phase of the Clearwater Development with a compatible, but less intense use than the hotel and condominiums envisioned for the site prior to the recession and will have the least amount of parking or will impact the area traffic. It will bring the seniors closer to the retail shopping, dining and entertainment. In addition to the residents, there will be approximately 100 employees plus the visitors that come to the site. Once stabilized, there will be $540,000 paid in property tax that will help the school districts without having an impact on the schools. They have projected over $1 million dollars would be paid to the village in permit fees. He noted the support for the project that had been shown by many of the Clearwater neighbors and tenants. He believed that Oak Brook was in need of senior housing as within 5 miles of the Clearwater site there are more than 10,000 households over the age of 75 earning more than $75,000 per year. The U.S. Census Bureau estimates more than 35% of Oak Brook's current (2016) population is over the age of 65. They also estimated that 24.7% of Oak Brook's households are headed by persons' age 75 or older. It is believed that seniors would like to stay close to their familiar surroundings, and according to a market study, there is an unmet demand for senior housing in the primary market area. If they had a senior housing option, this could create an opportunity to have a younger more diverse population move into the community when homes become available as seniors move out. VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 5 of 12 May 1, 2018 Staff was consulted early in the process regarding the impact on services. Based on their senior communities across the country, it was estimated that there would be approximately 11 ambulance calls per month. Oak Brook Fire Chief Liss was consulted on what he would envision for the emergency vehicles; he in tum called the Fire Chief in Northbrook regarding their experience with the Senior Housing Development over the last several years. He was told that they had approximately 10 calls per month, which Chief Liss did not see as a concern that would impact Oak Brook services. Since there is not a local municipal tax on operations, there is a service charge billed for those that use the services in Oak Brook, ranging $550-800 plus $10 per mile and is usually paid by insurance. Nonresidents are charged a higher rate. A properly run senior facility with experienced staff on site limits calls to 911 because many issues can be handled on site. The plan is for 200 luxury apartments for seniors, allocating approximately 119 independent units, 66 licensed assisted living units, and 15 licensed memory care units. There will be 185 parking spaces for the senior housing within the building and will preserve the 179 retail spaces that exist on the site. A state of the art security system, including an emergency call system and real time tracking. Staff is present 24 hours a day. They embrace the dignity of the residents and their family. He discussed the definitions for the many types of housing targeting older adults that have been endorsed by the American Seniors Housing Association, Argentum and several other national organizations that are focused on housing and care for seniors. This proposal for their independent living facility provides access to meals, housekeeping, linen service, transportation, social and recreational activities. In a majority of the units, they do not provide assistance with daily living such as supervision of medication, bathing and dressing. There are no licensed skilled nursing beds in these properties and it is not licensed as a nursing home. He described the amenities available for each type of unit — independent, licensed assisted living and licensed memory care in addition to the main differences in each unit. Their award winning memory care program called `Embrace' will staff nearly 39 full-time equivalent medical personnel. The care plan for each resident would meet the minimum requirement they would need to live safely. There will be semi-annual assessments by the staff nurses to ensure that all memory care residents are receiving the attention they need. Joe Patrick, Director of Development at Senior Lifestyle presented a PowerPoint showing the physical attributes for the proposed community. The shape of the 6 - story building follows the street line. The site is entered through a private drive on Clearwater. There are currently 179 parking spaces that will be reconfigured and VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 6 of 12 May 1, 2018 buffered with landscaping. There will be approximately 185 underground parking spaces to accommodate staff, residents and guests. Landscaping is important to the project and the first thing to be seen will be the lush landscape that will be incorporated around the perimeter of the building as well as when the site is entered. Additional landscaping was also added to the initial proposal to provide a larger buffer from the parking area. He reviewed each level and the exterior fagade of the building, noting the classic and durable material used. He believed the proposed building fits in well with the character of the Clearwater Development and the adjacent retail building. The memory care would have its own secured entrance along with a garden and a higher fence that will be screened with additional landscaping. The building is conceptual in design, but should be very similar to the finalized version of the plan. There is one loading berth proposed, they did not need four as required by Code, which is located within the required setback and right next to the existing dock to the retail services loading dock. A pedestrian path surrounds the building with access to the existing retail. Mr. Patrick reviewed the variation for a single loading berth which would be adjacent to the existing loading berth used for the current retail building on Clearwater Development. He felt comfortable with having only one loading dock as opposed to four. Second, he discussed the variation for the 30 -foot side -yard setback, requesting zero setback for the loading berth and generator. Given the existing site, it made sense to place the loading berth and generator in that space. He then reviewed the variation request to increase the height of the screening for the loading berth to 12 feet. He believed the generator should be completely screened and that an 8 -foot screen would not be sufficient to screen it from all sides. Mr. Patrick discussed the landscape design and the variation to consolidate the landscaping within the parking lot. They would like to remove some of the smaller islands of trees and consolidate them into a larger green space, which would be better for the health of the trees. The last variation he discussed was the memory care fence which is proposed to prevent residents from climbing over the fence. The Code allows 42 -inch high fencing and they are requesting an 8 -foot high fence placed on top of a retaining wall needed, due to grade changes. The fence would be heavily landscaped to VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 7 of 12 May 1, 2018 enhance the beauty of the building. Member Savino questioned what building materials were to be used on the inside (parking lot side) of the building. Mr. Patrick responded that they will use masonry on the lower level and brick or painted cement board on the remaining levels. He could not comment for certain since all of the materials have not been selected. Mr. Gawronski responded that the materials used would be the same quality on all sides of the building. Tim Doron, Senior Transportation Consultant, Principal with Sam Schwartz Engineering, 303 W. Erie Street, Suite 600, Chicago, IL reviewed the access to and from the site and traffic signals. The 185 spaces provided in the building would ensure that its residents, staff or visitors would use none of the retail spaces located in the parking lot. Traffic is heavy during peak hours, but this facility would not have an effect during peak hours. There will be a significant decrease in the amount of proposed traffic from the original special use that was approved for this property which consisted of a hotel and a condominium building. He reviewed the traffic generation study and a parking analysis that indicated there was more than enough parking for retail patrons, residents, employees and visitors. Ms. O'Keefe discussed the outcome of the Plan Commission meeting stating that the Plan Commission recommended approval of the Special Use by a 4 to 2 vote along with certain conditions. Chairman Davis quoted a section from the Village of Oak Brook's Commercial Area Revitalization Plan stating "Residential opportunities accommodating mixed-use development should be a priority of the village." Ms. O'Keefe believed providing senior housing where there is none, directly addresses the Village's plan. Harry Peters, former resident now living in Lake Geneva, WI stated Senior Lifestyle was suing the Village of Oak Brook due to the Board of Trustees denying their petition and that the residents of Oak Brook would incur increased expenses due to EMS services and that they could potentially incur future property taxes. He was against the petition and believed that the property should be used for office space. There was no other testimony in support of or in opposition to the request. Ms. O'Keefe respectfully disagreed with Mr. Peters comments and responded as follows: • There would not be an increase of costs for police and fire as provided in testimony given by Mr. Gawronski, in that the Village's Fire Chief did his VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 8 of 12 May 1, 2018 own due diligence and that the village has more than the capacity to handle EMS calls; and in addition, the village charges for that service, which would be paid by the Senior Life residents, which would offset the costs incurred. They were advised by the Village's attorney to only focus on the zoning issue, not the litigation. One of the things they were discussing with the village was in regards to making a supplemental payment to offset any possible costs that could arise. • This site does support residential and was previously approved for condominiums. The village's plan is to diversify housing. • There has been strong support for the project, with minimal opposition. Only one person testified at the PC and ZBA and some residents have indicated they would like to downsize. She noted that Mr. Peters no longer lives in Oak Brook to carry the appropriate weight. She did not believe they were bullying the village, they believe that this petition meets the standards for approval and stated that they are having discussions with the village in good faith. Member Young asked for clarification on several points. He asked what type of generator would be installed and if bollards would be installed as protection. Mr. Patrick stated it will be a natural gas generator and that that the generator was fully protected on three sides by a brick wall. Member Young asked if there was a contract in place for a private ambulance service. Mr. Gawronski said they have contracts at other facilities and would have one in place once they are ready to open. Member Young asked about the plan for storm water detention. Mr. Patrick responded that the existing storm water retention system has the capacity to handle this building. He stated Clearwater was developed with the plan that there would be a large building on the lot and it was designed with adequate capacity. Member Young questioned the number of emergency exits from the first floor on the Clearwater side of the building. Mr. Patrick believed that all of the emergency exits would open to the courtyard and not to Clearwater Drive. There are no direct exits from the north and west sides of the building. Member Young asked if the memory care unit would store any narcotics. Mr. Gawronski stated that licensed staff would store prescriptions for individual tenants, but that there would not be a pharmacy on the site. VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 9 of 12 May 1, 2018 zt) Member Young questioned the use of bollards for safety in front of the fence in the memory care area. Mr. Patrick stated there would be landscaping at a 3% slope in front of the fence. Additionally, the terrace would have a guardrail to ensure residents do not fall over the edge. Member Young questioned the approximate revenue that would be generated annually for the village. Mr. Gawronski responded that the initial permits would generate upwards of $1 million. He believed the development would generate approximately $540,000 in property taxes annually. Member Nimry stated that there would be no income for the village after the permit fees were paid. Mr. Gawronski presented a slide showing all of the village's interests that would benefit from the annual property taxes including school, park district, forest preserve, etc. Bridget O'Keefe addressed the board and discussed a study they conducted regarding the amount of retail that could be incorporated onto the site due to parking restrictions. She noted they estimated approximately 8,000 square feet of retail which would produce approximately $20,000 in annual sales tax revenue. The supplemental amount being negotiated with the village board would exceed any tax revenue that retail would generate. Chairman Davis stressed that any financial gain to the village is not part of the Zoning Board of Appeals standards. He noted that having 119 residents out spending money would increase sales tax revenue for the village. Member Bulin pointed out sections in the Senior Lifestyle's supplemental binders, of a specific letter under Tab 6 stating why retail was not suitable for the location and why Senior Lifestyle is. Member Ziemer asked if there was a need for a variation for the zero side -yard setback for the loading berth and generator if there was no roof structure. Director Budzikowski responded there was. Member Savino questioned the meaning of non-medical services. Mr. Gawronski mentioned those services are considered activities of daily living (ADL) and are provided to those living in memory care and assisted living. They include dressing, bathing and medication reminders. Additionally, those residents would have pull cords in their apartments and offered pendants for monitoring or for immediate help from facility workers. VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 10 of 12 _T�b May 1, 2018 Member Savino asked if there was a membership fee. Mr. Gawronski said there would be a non-refundable one-time Community Fee of $5,000 to $10,000 in lieu of a security deposit. Member Savino questioned where a resident who may have to go to rehab would live once they return to the development. Mr. Gawronski stated they give residents priority to assisted living over any waitlist. If the assisted living is full, they would help the resident find home healthcare for the interim. He stated the leases would be for 12 months with a 30 -day notice clause. Member Savino questioned if there would be reserved spaces available for current residents of Oak Brook. Mr. Gawronski noted that from studies conducted, they believed 80% of their residents would come from within 3 miles of the facility. He mentioned that due to the Fair Housing Laws it may be difficult reserve a specific number of apartments for Oak Brook residents, but that they would look into it. SPECIAL USE Motion by Member Ziemer, seconded by Member Savino to recommend approval of the special use to construct the Sheridan at Oak Brook senior housing community as proposed, subject to the following conditions: 1. That all previously approved special uses and variations granted to this property not in conflict with this request will remain in full force and effect; 2. That the project is to be constructed in substantial compliance with the plans as submitted and approved; 3. That the proponents obtain final approval of the proposed variations required to construct the 200 -unit senior housing development. 4. That the proponents comply with all other applicable rules and ordinances of the Village of Oak Brook. 5. That, notwithstanding the attached exhibits, the applicant shall meet all Village Ordinance requirements at the time of building permit application except as specifically varied or waived." ROLL CALL Ayes: 7 — Members Bulin, Cappetta, Nimry, Savino, Young, Ziemer and Chairman Davis Nays: 0 — Motion Carried. VARIATIONS Motion by Member Bulin, seconded by Member Ziemer to recommend approval of the requested variations subject to substantial conformance with the materials and VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page I 1 of 12 May 1, 2018 plans as approved, as follows: • Section 13-3-17B.2 — To allow an eight -foot high fence around the memory care garden area of the proposed development in excess of the maximum permitted height of 42 inches. • Section 13-I OE -3C.2 —To allow a reduction of the 30 -foot side yard setback to a zero side -yard setback for the loading berth and a reduced setback as proposed on the approved plan for the generator. • Section 13-12-7G.2 — To allow only one loading berth instead of the requirement of four loading berths in the 0-4 District. • Section 13-12-7A.1 — To allow the maximum height of the screening for the one loading berth to be increased from eight feet to twelve feet. • Section 13-124C — To allow the consolidation of the landscaping within the parking lot as proposed on the landscape plan with two additional shade trees. The parking lot requirement is to provide an interior tree for every 15 parking spaces. ROLL CALL: Ayes: 7 — Members Bulin, Cappetta, Nimry, Savino, Young, Ziemer and Chairman Davis Nays: 0 — Motion Carried. 6. OTHER BUSINESS There was no other business to discuss. 7. PUBLIC COMMENT There were no additional comments from the public. 8. ADJOURNMENT: Motion by Member Bulin, seconded by Member Ziemer to adjourn the meeting at 9:12 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Tony Budzikowski Tony Budzikowski Director, Development Services Secretary VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 12 of 12 May 1, 2018 OTHER BUSINESS PUBLIC COMMENT ADJOURNMENT