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Minutes - 03/28/2019 - Planned Development Commission2. a a VILLAGE Or MINUTES OF THE MARCH 28, 2019 OAK B R12 REGULAR MEETING OF THE PLANNED DEVELOPMENT COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 25, 2019 CALL TO ORDER: The Regular Meeting of the Planned Development Commission was called to order by Chairwoman Marcia Tropinski in the Samuel E. Dean Board Room of the Butler Government Center at 7:00 p.m. ROLL CALL: Gail Polanek called the roll with the following persons PRESENT: Chairwoman Marcia Tropinski, Vice Chairman Wayne Ziemer, Members Jeffrey Bulin, Natalie Cappetta, Thomas Doyle and Alfred Savino ABSENT: Member Raju Iyer IN ATTENDANCE: Trustee John Baar, Development Services Director Tony Budzikowski, Fire Chief Barry Liss, Police Chief James Kruger, Public Works Superintendent Rick Valent, Village Attorney Greg Jones, Village Consultant Engineer James Patterson, Village Planner Rebecca Von Drasek, and Planning Technician Gail Polanek APPROVAL OF MINUTES CALL TO ORDER ROLL CALL MINUTES REGULAR MEETING OF THE PLANNED DEVELOPMENT COMMISSION FEBRUARY28,2019 OF FEBRUARY 28, 2019 Motion by Vice Chairman Ziemer, seconded by Member Bolin to approve the minutes of the February 28, 2019 Regular Planned Development Commission meeting as written. VOICE VOTE: Motion Carried. UNFINISHED BUSINESS UNFINISHED BUSINESS A. CASE NO: 2019-01-ZO-PUD — HINES OAK BROOK COMMONS — HINES-112022 D MCDONALD'S CORP. — 1120 22ND STREET AND 2111 MCDONALD'S MCDONALD'S DRIVE — PROPOSED MIXED USE DEVELOPMENT DRIVE- PUD VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Pagep1 of 20 March 28, 2019 Chairwoman Tropinski announced that this was a continuance of the public hearing from February 28, 2019. All witnesses were sworn in. Peter Friedman, attorney for the applicant, Holland & Knight LLP, 131 S. Dearborn Street, Chicago, Illinois, advised that the presentation at this meeting was in response to all of the comments, suggestions and discussions with staff since the February 280' meeting. They view the process as a partnership with the Village, Hines and the development team. The requests for zoning departures continue to be minimized to the greatest extent feasible. Their fiscal impact analysis shows that the project will generate significant net revenues for the Village from new residents, visitors and employees with minimal additional service costs to the Village. The Village's Planned Development Regulations allow flexibility and creativity in ways to structure and land plan non-TOD suburban town center developments like Hines is proposing. They were greatly appreciative of the amount of time and effort Director Budzikowski and his staff have put into reviewing the plans. They asked for limited flexibility in regard to size and location of some of the specific uses within the project. They expect and acknowledge that the concepts will be specifically included in a final plan development ordinance. They were hopeful that the Plan Development Commission (PDC) would provide a recommendation to the Village Board with whatever conditions they see feasible. David Bach, Managing Director with Hines (contract purchaser), 444 W. Lake Street, Suite 2400, Chicago, IL stated he was from the western suburbs of Chicago and that the project was very personal to him and the entire Hines team. Hines has been working with the Village and the community on the plans and designs since August of 2018. He too was very appreciative of the comments, feedback and recommended project improvements from staff and the PDC. Some of the main changes that have taken place due to the feedback include: • The architecture has been improved throughout the site plan. • The office building (H) will be a Hines proprietary T-3 (Timber) building which would be a first in the Chicagoland area. The building will be cutting-edge and highly sustainable. It will be completed in Phase One of the project. • They are committed to replacing and upsizing the water main that sits under McDonald's Drive as well as redesigning the entire water service system. • Bike lanes and racks have been added throughout the site. VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 2 of 20 _f�? March 28, 2019 • Pedestrian walkways and circulation has been clarified. They believe Oak Brook Commons will be the most walkable property in downtown Oak Brook. They fully agree with the majority of the recommendations provided in the Staff Report and are confident they can find mutual ground for getting the petition approved by the Village Board. They have received a lot of positive feedback from the community and are excited about how far the plan has come. They were fully prepared to answer any questions and were hopeful for a positive recommendation. Timing is important due to the contract purchase agreement as well as the viability of the project due to tenant demand and capital market demand. Many of these types of projects are very difficult to execute and capitalize in the suburbs. 70 percent of a projects costs are the construction costs. It costs the same amount to build identical buildings in the suburbs and Chicago. Unfortunately, the rent received in the suburbs will be much less than the rent in Chicago, which makes it difficult to find investors. Hines is motivated to move forward with the project since they currently have the attention of the capital markets for this project. Joe Antunovich, Antunovich Associates, 224 W. Huron Street, Chicago stated he was a former resident of Oak Brook as well as the project architect for the McDonald's headquarters. He was very familiar with all of Oak Brook including, floodplains, creeks, etc. He was grateful to have the opportunity to contribute to the legacy that will be left with this project. The development of this project has taken into account the desires of the Village Board. The current markets are favorable for this type of development on such a large piece of property in the center of Oak Brook. He viewed the development as a new downtown for Oak Brook. He reviewed several slides and believed this transitional zoning creates a place where people can work, live, dine and play. They have committed to installing heavy landscaping throughout the site to create a park -like environment. At the last meeting a question was asked about changing the name of McDonald's Drive. He thought keeping the name was appropriate due to the history of McDonald's in Oak Brook, but are willing to consider a name change. The half -acre park in the center of the development was reviewed in detail and compared to the Oakbrook Center's Village Green which is less than a quarter - acre. VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 3 of 20 March 28, 2019 He reviewed the proposed retail and restaurant sites along 22nd Street and Spring Road. Four of the five sites would be restaurants. He discussed the meadow area behind that buildings along 22"d Street that would act as a stormwater management feature for the site's west side. He described the Timber building and noted that it would be restricted to 85 - feet due to building codes. He presented illustrations of the interior and exterior of the building and said the architecture is cutting edge design. The ground floor would have many "green" amenities for employees in the building. The proposed 18 -story (total), 280 -unit apartment building has been substantially improved from last meeting's illustrations. The units will be built to condominium quality. The 4 -story garage space will be camouflaged, but would allow police officers to view inside. Several options for the garage exterior as well as the ground floor details were provided. The medical office building at the east end of the property was updated to a more modern look. Illustrations of the both the interior and exterior were shown. The building has convenient accessibility to onsite parking and the expressway. The two 48 unit (each) condominium buildings along Commerce Drive have been redesigned and are now more modern. Illustrations of the exterior and interior finishes and amenities were shown. The hotel will be a prominent building along 22"d Street and visible from I-88. Although Hines would be looking for a hotel operator for this site, Antunovich will control the architecture. Perimeter landscaping would be installed starting on day one of Phase 1. Images of the proposed landscaping were presented. He stated that 72% of the development will be built in Phase 1. The total building area will not exceed 1,220,000 square -feet. Ray Cesca, 46 Mockingbird Lane was concerned about having an apartment building within the development. He did not believe renters would have a vested interest in the community like homeowners do. Oak Brook is a small community that cannot absorb rental units. Oak Brook needs commitment and passion for the community. He asked that the PDC remove the apartment building from the development. VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 4 of 20 March 28, 2019 William Elwood, Executive Vice President, CBRE, 700 Commerce Drive was in support of the development. He has been in Oak Brook for 32 years and his job is to place companies and people into office spaces. He was excited about the proposal and believed it was the most unique development he has seen in his 32 years of leasing space. He was not opposed to apartment living as he has sold his own home to move into an apartment and truly enjoys the lifestyle. He also has three professional children who live in luxury apartment buildings. An apartment building may be unique to Oak Brook, but it is not unique to how living situations have evolved. Member Savino asked Director Budzikowski about the different standards in parking widths for different uses. Director Budzikowski replied that the parking standards are smaller (8.6 -feet) for office and hotel parking due to the fact that those patrons will likely park for a longer period of time than someone who is shopping or going to a restaurant. The Village Code provides wider spaces (9 -feet) for residential and in and out type parking. In a recently approved planned development with residential, an 8.5 -feet width departure was approved for a parking deck. Staff analyzed the request and are not as concerned about the parking space width as much as the number of parking spaces provided. The requested width was appropriate for the proposal. Losing a number of parking spaces due to a larger width may be detrimental. Each parking space costs approximately $50,000. Member Savino believed the standard parking space width should remain at 9 - feet in residential. Reducing the parking space width reduces the comfort of residents trying to park and related personal experiences. He questioned how much money the developer would be saving by not paying municipal real estate taxes. He assumed that whatever additional parking spaces would be needed if their request for a standard 8.5 -feet spaces was denied would be made up by the municipal tax savings. Ranadip Bose, SB Friedman Development Advisors, 221 N LaSalle Street Suite 820, Chicago, stated that the municipal portion of the tax bill is normally around .5 to 1.5%. Member Savino asked if Hines retains ownership or management of the project once it is completed. Mr. Bach replied that each project is different. Hines is frequently long-term holders of their projects. With near certainty they almost always retain long - VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 5 of 20 March 28, 2019 _Irb term management of the office buildings. It would be their intent to retain management responsibilities. Member Savino asked how involved Hines was in the communities where they have developments. Mr. Bach responded that Hines wants to be ingrained in the communities where they have developments. In past projects they have been in partnerships with local residents and merchant's associations, and have sponsored several neighborhood street festivals. For the Oak Brook Commons project, there will be several events in the park for all of Oak Brook's residents to enjoy. It is their goal to be an active participant in the community. Member Savino questioned the number of office buildings within the development. Mr. Bach stated there would be two office buildings and the first would be built in Phase 1. They would love to build everything concurrently, but they have to consider market demand. Member Savino recommended adding berms around the parking structures. Mr. Antunovich explained that they are trying to make the buildings look urban with easy circulation. The parking structures will be designed to look like they are part of the building and not a garage. Member Savino questioned the why the water mains would not be looped. Public Works Superintendent Rick Valent responded that looping is commonly done in respect to water quality. For this particular piece of property, the entire area is one large loop. If the water mains were looped between the buildings and into the streets with two bisecting inter -mains, they become the responsibility of the Public Works Department. Vice Chairman Ziemer referenced the parking ratio report done by staff that was included in the case file. He was concerned with having an adequate parking ratio for the residents of the apartment as he did not believe 1.5 spaces per unit was enough. One option would be to add another 100 parking space deck. Another option would be to reduce the number of apartment units. Mr. Bach responded that based on an extensive amount of research, they believe 1.5 spaces per unit was adequate. They provided a comparative analysis and VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 6 of 20 March 28, 2019 believe that this site is much more walkable than many of the comparables used by the Village. The project would first have to be completely vetted by their equity investors and then approved by their construction lender who would not allow a project to go forward if they believed there was problem. The risk of getting the ratio wrong would be detrimental to Hines. Measures would be put in place to ensure that none of the surface stalls would be leased to or used by residents. Member Bulin questioned the parking ratio for the entire development. Director Budzikowski replied that this was a unique development and he did not have the specific number. Staff believed there was deficiency in parking for the residential apartment building. After reaching out to other non-TOD communities, they learned that many of the communities have a range in ratio per residential unit. Another concern was the area of surface parking available for buildings A, B, C & D. Although parking would be needed at different times for each of those out lots, and some may have valet parking and shared parking with building H, there was an evident deficiency in parking. Member Bulin suggested building H be part of Phase 1 in order to accommodate the shared parking. Director Budzikowski explained that since they did not know the exact riming of when building H would be completed, perhaps they could maintain some type of the temporary lot to avoid parking issues. Member Bulin asked if there were projected permitting fees for the development. Director Budzikowski responded that the Development Services department uses the baseline of 2% of the construction costs for a commercial development. Mr. Bose responded that the projected permitting fees for the entire site is approximately 56.4 million. Member Bulin was comfortable with the 8.6 -foot width of the parking stalls for the apartment building. However, the condominium buildings should have 9 - foot wide stalls. Member Cappetta questioned the Village code standard width for the surface parking and was concerned with the 8.6 -feet requested width. She also asked about the procedure when leasing parking spaces to the apartment tenants. VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 7 of 20 March 28, 2019 _�) Would there be a potential for overflow surface parking to utilize empty spaces in the apartment. Director Budzikowski responded that the surface space requirement is 9 -feet. Mr. Bach replied that the number of leased parking spaces will be determined when the apartment resident signs the lease. They would have the option of none, one or two. The apartment is an independent building and would not be able to accommodate surface parking overflow. The office buildings will be empty in the evening and could be used for valet parking. He said they put a lot of thought into the 8.6 -feet width for the surface area stalls and believed it would work in this development. There will not be big -box retail where patrons will be pushing large carts or carrying huge bags. The nature of the proposed retail and outlets should make the spaces appropriate. They would lose 15 to 20 parking spaces if they went from 8.6 -feet to 9 -feet stalls. It would be difficult to decide which was more important — width or number of available spaces. Member Cappetta wanted to ensure that the majority of the surface parking would not be reserved for valet. Mr. Bach was committed to designating specific areas for valet. He also reported that employees of the restaurants and retail outlets would have designated parking areas away from the adjacent surface parking. Member Cappetta questioned the location of the loading docks for the apartment building. She wanted to know the difference between a loading zone and truck parking as illustrated in the exhibits. Mr. Antunovich referenced an exhibit that illustrated the location. The truck parking zone was dedicated for an 18 -wheeler and the loading dock would be for smaller trucks. Member Doyle asked for clarification on the Gewalt Hamilton Associates analysis of the number of parking spaces needed per residential unit. He did not believe the ratios provided were relevant in this scenario. Bill Grieve, Senior Transportation Engineer, Gewalt Hamilton Associates, Inc., 625 Forest Edge Drive, Vernon Hills, IL explained that the analysis was conducted using The Institute of Transportation Engineers Manual Fifth Edition, 2019. The analysis was based on a high-rise in an urban/suburban location VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 8 of 20 March 28, 2019 without accessible transit. They concluded that 1.5 spaces per dwelling unit was sufficient. Mr. Bach agreed that having less than one space per unit would not be appropriate for this development and noted that the analysis showing less than one space per unit was based on highly dense urban high rises. Hines has built residential buildings in Chicago with a .5 ratio. Member Doyle questioned where apartment visitor parking would be allowed and how it would be monitored. Mr. Bach replied that guest parking is intended to be within the building's garage. He agreed to create a study on the issue of guest/service personnel parking. Chairwoman Tropinski agreed that the condominium buildings should have 9 - foot parking spaces. Mr. Bach responded they would be happy to accommodate 9 -foot parking spaces for the condominium buildings. Member Cappetta said that Oak Brook was not familiar with apartments and in her opinion many residents are uncomfortable with the idea. She requested that Hines try to construct one of the condominium buildings as part of Phase 1 to help ease the tension. Mr. Bach responded that they would certainly discuss it as there is a difference in financing an apartment building versus a condominium building. A lender will not allow the beginning of construction of a condominium building until a specific number of units are pre -sold. Mr. Antunovich asked the members to consider 8.6 -foot wide parking stalls for the entire site except for the condominium buildings, which would be 9 -feet in width. The garage plans were designed for 8.6 -foot wide stalls and that dimension works well with the columns and architectural plans. Member Cappetta was concerned about the square footage of the proposed one - bedroom apartments. Mr. Antunovich explained the floor plan exhibits were examples. They have taken comments from residents, the PDC and the Village Board into consideration. Having some smaller affordable units for new graduates may be VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 9 of 20 March 28, 2019 very attractive. The average size apartment unit is 1,000 square -feet. They will continue to analyze the floor plans. Mr. Friedman suggested making it a condition to minimize the number of apartments under a certain square footage. Member Doyle said that there should be architectural compatibility between office buildings H and J and that it should be in writing since the buildings will not be completed in the same phases. Mr. Bach responded that they were committed to seeking board approval should there be any significant deviation from the originally approved plans. Director Budzikowski said that there were provisions in the Plan Development Regulations for both major changes and minor changes. Many of the buildings within the site will have individual owners with their own ideas of how their building should look. Because of that, an extra step was added to the regulations. Major deviations to the approved plan would have to be approved by the Village Board. Minor changes would be at the Village Manager's discretion with a recommendation by the Development Services Director. Hines has been amenable to the provision. Vice Chairman Ziemer asked if Hines would be the developer of the condominium buildings. Mr. Bach responded that it was not yet determined. At this time, they have only developed one condominium building in the Midwest region. Member Doyle asked if the landscaping for Phase 2 would be completed in Phase 1. Mr. Bach stated they would look into it. Member Cappetta questioned if there was a plan for the maintenance of the property in Phase 2 while it was waiting to be developed. Mr. Bach responded that the entire perimeter of the property would be landscaped at the beginning of Phase 1. There have been suggestions for Phase 2 to be either green space or surface parking. He was committed to ensuring the area would be kept to Oak Brook standards. VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 10 of 20 _rb March 28, 2019 Chairwoman Tropinski stated that she was comfortable keeping Phase 2 as surface parking as long as there was perimeter landscaping constructed and maintained. Chairwoman Tropinski asked for confirmation that the written standards and factors in Exhibit A, Tab 2 were to be included within the formal record that they had been addressed. Mr. Bach and Attorney Friedman agreed that the written responses were to be included in the record meeting the requirement to address the standards. Member Cappetta questioned if there were curbs along the park on McDonald's Drive as she was concerned about safety and asked if bollards would be installed. McDonald's Drive is a busy road and will continue to be a main route for many working in the area. Mr. Antunovich explained that the goal is to make the park as accessible as possible. However, a curb is needed along McDonald's Drive. He mentioned that two paved intersections were added on McDonald's Drive to help slow the traffic. Member Cappetta was concerned about the daily afternoon traffic backup at the intersection of Spring Road and Commerce Drive. Director Budzikowski stated that was an existing condition and a traffic impact study was done on the development. This concern was not addressed in the Staff Report since the study was submitted after the report had been completed. Member Savino asked about the fire equipment closets that were recommended by Fire Chief Liss. He was curious if the closets would further decrease the square footage of the apartment units. Mr. Bach responded that there will be closets and equipment per the code requirement. If necessary, the apartment units would be expanded to accommodate the required closets. The current illustrations are early concept designs that will be refined at time of permit. Fire Chief Liss could not provide the exact number of closets needed until a permanent plan is completed, which has always worked out between the fire department and the developer during the final permit review process. Member Savino questioned what high-end limited service hotel meant. VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 11 of 20 March 28, 2019 - ,b Mr. Antunovich explained that a limited service hotel offers less services than a full service hotel. Perhaps, breakfast would not be offered or no turn -down service, etc. The hotel may actually be split to offer full service on one side and limited services on the other side. However, there will be a first class hotel operator at the site. Member Savino reminded the Village Attorney that he would like to see language added to eliminate the current special use heliport ordinance. Trustee Baar discussed an apartment development in Oakbrook Terrace that had one, two and three-bedroom units. Their consultant arrived at a larger square - foot one -bedroom unit than Hines was proposing. The apartment manager informed him that their three-bedroom units have been the easiest to rent. He mentioned that there was a unit in the Oakbrook Terrace building listed on Airbnb. He was concerned about that type of traffic in the proposed Oak Brook Commons apartments and questioned if there would be a covenant in place to prevent Airbnb rentals. Mr. Bach responded that Airbnb rentals would be detrimental to the living environment of their renters. There would be a clause listed in the lease agreement that would prohibit a tenant from renting their unit on any short-term basis for economic gain. Member Cappetta questioned a discussion by the Village Board regarding mixed-use in the Commercial Areas Revitalization Plan. She liked mixed-use and would like to see retail on the ground floor of the apartment. Director Budzikowski replied that the focal point of the discussion was in reference to Oakbrook Center and a condition specifically identified along the frontage of 22nd Street. Attorney Jones stated the discussion was to specifically directed to the mall and did not relate to the Hines proposal. Member Bulin noted that it had been discussed at the last meeting and there would be a small retail cafe in the apartment building and that Tony had said it would be allowable in the office buildings should they decide to add it in the future. Member Cappetta asked if the Floor Area Ratio (FAR) was within code. VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 12 of 20 March 28, 2019 �p Director Budzikowski stated the permitted FAR is 1.2 and they are requesting an FAR of 1.6 which includes the entire site. Members Bulin and Doyle supported a parking ratio of 1.5 for the apartment building and the way it was proposed was correct. Chairwomen Tropinski took a consensus on the parking ratio and all were in agreement with the 1.5 parking spaces per apartment dwelling unit. Member Cappetta was concerned with the proposed size of some of the apartment units. Since Hines was unable to give exact square footage per unit, she wanted to continue the matter until they could provide that information. Chairman Tropinski believed Hines would need a substantial amount of time to do more market analysis. The actual layout is part of the design/development phase. Mr. Antunovich replied that it would take quite a bit of time to provide what Member Cappetta is requesting. Chairwoman Tropinski quoted a condition from the Staff Report that states that final approval of building elevations for individual buildings within the subdivision shall be subject to review and approval by the Village Board. She suggested adding "final approval of floor plans" as well, which would give them more time to do the necessary research. Mr. Friedman responded that the Village Board would hold them to this before they grant approval and they would be comfortable with ranges of unit types and unit sizes in order to address the issue raised. Member Cappetta noted that Zoning Ordinance Section 13-15-613.7 requires the applicant to submit floor plans for all proposed buildings and structures during the application process and Section 13-15-613.10 requires a schedule showing an approximate date for beginning and completion of each stage of construction and planned development. There has been no timeline as to when stage 2 would take place. Director Budzikowski responded that there was a timeline outlined in the original submittal. However, some of the phasing has changed since the last meeting and will have to be revisited, since a building that was originally in Phase 2 has been moved to Phase 1, which evolved since the last meeting and the schedule has not been updated. VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 13 of 20 March 28, 2019 -�b Member Cappetta said she was not comfortable providing a recommendation with that information missing. Mr. Friedman responded that there are many provisions in the planned development ordinance that allow for exceptions and flexibility to be set forth in the final ordinance approved by the Village Board. A multi -use project especially of this size, number of buildings and uses. It would be nearly impossible to provide that level of detail at this point and he would work hard with the Village Attorney to put down parameters They had specific timeline for Phase 1. It had been discussed with the Village attorney who advised that the Village Board may want revisions to that to make it tighter and they were open to that discussion. Attorney Jones stated proposed timelines were submitted in the original application and believed that the Phase 2 timeline was tied to the financing and is currently open ended. There are more hard deadlines on Phase 1. Vice Chairman Ziemer suggested Hines provide a date certain not necessarily for the developments itself, but if it is not currently underway but to come back and address the vacant land that is part of the development and perhaps to make more permanent improvements other than to have in languish out there. Attorney Friedman responded that they would be amendable to that. Vice Chairman Ziemer asked what that timeline might be. Attorney Jones advised that the PUD ordinance sets 36 months as the outside window for the completion of a planned unit development, subject to the Village's ability to work out some sort of phasing schedule. This is a larger and more complex development than the single building development PUD that the Village has seen over the last 8-9 years. It is not a hard and fast rule. They will talk through with the developer the assumptions and how to tighten it up. The open-ended issues have been flagged and will be addressed before the Village Board votes on anything. Attorney Friedman noted that it will go to the Village Board and then they would take another vote to authorize the preparation of an ordinance. He added that before the Village Board approves anything, they could agree on some ranges of unit types and sizes so that they are comfortable and there would not be too many units of a certain size that draws a concern to the size of units being too small. VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 14 of 20 March 28, 2019 Member Baar said that it was not a concern, but it was what someone else did in the area. Attorney Friedman noted that they were under time constraints and would resolve those issues at the Board meeting. Motion to Continue Member Cappetta motioned to continue the matter in order for the applicant to work out floor plan issues and come back with the ranges of the units, seconded by Member Doyle. Chairwoman Tropinski was comfortable moving a recommendation forward for approval and was confident Hines would provide a floor plan that was consistent with Oak Brook standards. Vice Chairman Ziemer was comfortable with providing the Village Board at its meeting the apartment size ranges of the square footage and the mix of the type of units would be sufficient for the Board to make an educated decision on. Member Bulin believed that the information provided included ranges for the one -bedroom range from 651 to 915 and a two-bedroom size ranges from 1143 to 1210 and three-bedroom ranging from 1482 up to 1516 square feet and he was comfortable with those size ranges. Member Doyle noted that they were providing ranges of sizes, but it was only in a typical floor plan and suggested a condition be added that the developer present to the Village Board to raise the size of the smallest units. Attorney Friedman said that the applicant would have no objection to the condition. Member Savino said that he would like to move it forward. ROLL CALL VOTE: Ayes: 1 — Member Cappetta Nays: 5 — Members Bulin, Doyle, Savino, Vice Chairman Ziemer and Chairwoman Tropinski Absent: 1 — Member Iyer. Motion Failed. VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 15 of 20 March 28, 2019 Motion to Recommend Approval Motioned by Chairwoman Tropinski, seconded by Member Doyle to recommend approval of the proposed development subject to the conditions contained in the Staff Report case file pages 14.L through 14.N (and numbered below), along with the following points of concern and additional conditions as discussed by the members, bulleted below: The members discussed concerns and conditions that should be provided to the Village Board as part of its recommendation, as follows: • That the developer presents a range of apartment unit sizes to the Village Board and the sizes should limit and increase the size of the smallest units. • Parking spaces width — 8'6" for retail and apartment and 9' for condo parking stalls. • Valet parking restrictions to not reserve spaces in the retail/restaurant. • Restrictions on employee parking • Eliminate/revoke the existing special use for the heliport on the property. • During the course project to maintain in good condition for temporary use, the existing parking lot for Phase 2 • Parking ratio of 1.5 at the apartment is acceptable. • Construction of perimeter landscaping during Phase 1 development • Providing an updated timeline for phasing as agreed with the applicant and Village Attorney. Final approval of building elevations for individual buildings within the subdivision shall be subject to review and approval by the Village Board. Design and/or architectural guidelines may be provided for incorporation into the PD agreement that identify color palettes, building materials and other architectural features for a high-quality commercial redevelopment project. In addition, floor plans for individual buildings, which includes ranges of sizes. 2. Traffic control at the intersection of McDonald's Drive and Commerce Drive shall be phased in accordance with certain specific warrants as determined by traffic counts to be conducted by a licensed traffic consultant, chosen by the Village, and paid for by the Developer. A traffic signal will be required when the development generates enough traffic to warrant a signal. VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 16 of 20 �b March 28, 2019 a. The existing stop sign at McDonald's Drive/Commerce Drive shall remain until such time as warrants are met for a traffic signal as specified in sub -condition b. b. Two (2), 24-hour traffic counts shall be conducted by the Village's chosen traffic consult a minimum of once per calendar year as mutually agreed upon by the Village and Developer. A traffic signal shall be warranted at this intersection if the 24-hour counts at the intersection meet certain criteria as set forth in the MUTCD. Developer will timely reimburse the Village for the costs of conducting these traffic counts. c. The cost for the design and installation of the traffic control signal required under this subsection shall be the responsibility of the Developer, and prior to any building permit being issued for the Development/Property, the Developer shall provide the Village a letter of credit in an amount equal to the cost of installing the traffic control signal, as determined by the Village Engineer, and in a form approved by the Village Attorney. 3. Final Subdivision Plat approval for the Development/Property shall be required prior to the issuance of any permits for the Development/Property. Said plat shall include all utility, stormwater, cross -access, shared parking and sidewalk easements to be dedicated for phases 1 and 2 of the development, and otherwise comply with the Village's Subdivision Regulations. 4. Individual property owners (including condominium associations) in the Oak Brook Commons development shall be jointly responsible for maintenance and upkeep of stormwater detention areas, underground detention areas and other stormwater related facilities through a master property owner's association. 5. Cross -access and shared parking easements shall be provided within the development's surface parking lots and parking structures/decks in consideration of the mixed-use nature of the development. It is further acknowledged that the use of the ground floor of parking deck for the office buildings H & J are available for overflow public parking for retail/restaurant employees, customers and valet parking services within the Oak Brook Commons development. The cross -access and shared parking easements must be in a form approved by the Village Attorney VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 17 of 20 —f(_J March 28, 2019 prior to recordation, and must be approved prior to approval of the final plat of subdivision for the Property. 6. Covenants. Covenants (including any condominium declarations) must be recorded against the Property in connection with the Development. The covenants and/or condominium declarations must address the stormwater, property maintenance, park maintenance, cross -access, and other conditions imposed by the Ordinance approving the planned development or any agreement associated with the same. The covenants and/or condominium declarations must be in a form approved by the Village Attorney prior to recordation. The covenants and/or condominium declarations may not be modified, removed, or released without the consent of the Corporate Authorities of the Village. The Village, as well as future owners of the Property or condominiums on the Property, must be authorized to enforce the covenants and/or condominium declarations. The covenants and/or condominium declarations must be approved by the Village Attorney prior to approval of the final plat of subdivision for the Property. In addition, include a restriction that the apartment lease and condominium covenants would prohibit any nightly rentals and Airbnb's. 7. Final engineering approval shall be required prior to the issuance of the first building permit for the Development. 8. Final landscape plan approval shall be required prior to the issuance of the first building permit for the Development. Perimeter landscaping for phases 1 and 2 shall be planted within one-year of the date of the issuance of the site grading and utility permit for the Oak Brook Commons development. 9. Replacement and installation of the public water main in the McDonald's Drive right-of-way shall be required as part of the site improvements for the Oak Brook Commons development and paid for by the Developer. 10. In accordance with an approved planned development site plan, not more than 24,000 SF of restaurant and 18,000 SF of retail building area shall be constructed in Phase 1 of the development. This land use and area limitation is based upon not less than 248 off-street surface parking spaces being constructed in Phase 1 of the development. VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 18 of 20 March 28, 2019 12) 11. Phasing Plan. The development shall be phased in accordance with the plan identified as page A7.5 and subject to specific agreed upon timelines identified in the approval ordinance. 12. Demolition of the McDonald's headquarters building, site restoration and establishment of ground cover shall be completed within 180 days from the date of approval of the Planned Development. 13. Outdoor dining area locations shall be approved in accordance with the approved site plan and shall not require a separate special use permit approval. 14. Floor Area Ratio Limitation: The floor area ration (FAR) approved for the Property will apply to all lots within any future subdivision of the Property (total of 17.47 acres) as a whole. The FAR calculation for the entire Property, even after subdivision, may not exceed 1.60. 15. Fire Department Utility Rooms: The developer will provide fire department utility rooms in the residential apartment buildings of the Development as the Village Fire Chief deems necessary. 16. Trash enclosures and other service areas shall be provided within individual buildings unless otherwise noted on the approved site plan. 17. All sign proposals shall comply with applicable sign code regulations of the Oak Brook zoning ordinance. 18. Compliance with Plans: The development, maintenance, and operation of the Property will be in substantial compliance with the plans and documents as submitted, except for minor changes approved by the Development Services Director and Village Manager in accordance with Section 13-15-8 of the Zoning Ordinance. ROLL CALL VOTE: Ayes: 5 - Members Bulin, Doyle, Savino, Vice Chairman Ziemer and Chairwoman Tropinski Nays: 1 - Member Cappetta Absent: 1 - Member Iyer. Motion Carried. This concluded the public hearing. VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 19 of 20 March 28, 2019 -fb 5. NEW BUSINESS There was no new business to discuss 6. OTHER BUSINESS There was no other business to discuss. PUBLIC COMMENT Jan Davis, 920 Harger Road, expressed her objection with the Hines project, noting concerns that high rises and apartments could now be built anywhere. She believed it would change the reason that people are in Oak Brook with remnants of its history. She loves Oak Brook and that many people come in and use all the restaurants but go home at night so her neighbors are few. However, now her neighbors will increase to a 1,000 if approved. She felt that this would change the complexion of Oak Brook. Director Budzikowski explained the departures being sought through the planned development process and advised that all would go through the Village Board for approval. There were no additional public comments. 8. ADJOURNMENT: Motion by Vice Chairman Ziemer, seconded by Member Bulin to adjourn the meeting at 10:20 p.m. VOICE VOTE: Motion carried ATTEST: /s/ Tony Budzikowski Tony Budzikowski Development Services Director Secretary VILLAGE OF OAK BROOK Regular Planned Development Commission Minutes Page 20 of 20 -�f? March 28, 2019 NEW BUSINESS OTHER BUSINESS PUBLIC COMMENT ADJOURNMENT