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Minutes - 03/03/2020 - Zoning Board of Appeals1. 2. 3 Q 5 VILLAGE OF MINUTES OF THE MARCH 3, 2020 OAK B R, K REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN OCTOBER 6, 2020 CALL TO ORDER: CALL TO ORDER The Meeting of the Zoning Board of Appeals was called to order by Chairman Wayne Ziemer in the Samuel E. Dean Board Room of the Butler Government Center at 6:58 p.m. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons: PRESENT: Chairman Wayne Ziemer, Members Jeffrey Bulin, Natalie Cappetta, Rahma Hasan, Baker Nimry, James Pontrelli and Steven Young IN ATTENDANCE: Trustees John Baar and Asif Yusuf, Village Attorney Mark Heinle, Planner Rebecca Von Drasek and Planning Technician Gail Polanek APPROVAL OF MINUTES MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF FEBURARY 4.2020 FEBRUARY a, 2020 Motion by Member Young, seconded by Member Nimry to approve the minutes of the February 4, 2020 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS A. OAK BROOK PARK DISTRICT — 1315 AND 1425 KENSINGTON ROAD — OAK BROOK PARK DISTRICT BALLFIELD LIGHT POLE HEIGHT — VARIATION - 1315 & 1425 KENSINGTON - FIELD LIGHT Chairman Ziemer announced the commencement of the public hearing for the POLE HEIGHT - proposed variation and all witnesses testifying were sworn in. VAR VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 1 of 12 March 3, 2020 �� Steven Adams, Robbins Schwartz, 55 W. Monroe Street Suite 800, Chicago, IL, attorney for Oak Brook Park District, the property owner, reviewed the petition for a variation to install six 80 -foot high lights in two ball fields located on 1425 Kensington. The purpose of the proposal is to expand the availability of sports and leisure activities for the community. In 2003, the subject property was granted a Special Use for then owner McDonald's Corporation to allow for soccer fields. In 2007, the Special Use was amended which included the allowance of five additional light poles while it was zoned ORA -1. The 2018 Referendum led to the Park District's purchase of the property for $17.9 million. The Park District's focus groups, surveys and other communications with residents made it clear that the development of athletic fields for nighttime play was desirable. In 2019, the Village amended its Commercial Areas Revitalization Plan which reflected the Village's desire to see the property remain open space. Additionally, the property was later rezoned to the CR District. The ballfield lighting specifications that the Park District has submitted through their lighting engineer, Musco Lighting, comply with the Village's lighting regulations. A review memorandum from Village Engineer was included in the case file. The proposed hours of use would be consistent with the hours of use currently in place for other athletic fields in Central Park. The lighting use would be from dusk until 10:30 p.m. except for the time from December 15 through the last day of February of each year, when the lights would turn off at 9:30 p.m. Laure Kosey, Executive Director of the Oak Brook Park District, 1450 Forest Gate Road, reviewed the variation standards as follows: • The Park District cannot serve all its constituents without play after dark. • The pole height is specific to maximize player safety and minimize impact on neighboring properties during play. • The plight of the owner is due to unique circumstances. The Park District has a unique statutory duty to ensure availability of adequate public recreational facilities to residents. The Park District cannot meet this duty without the requested lighting. • The Park District would suffer a hardship if the strict letter of the regulation were carried out. • There would be no impact to the essential character of the locality by the requested variation. VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 2 of 12 March 3, 2020 f o Pole distances from the west property line by Route 83 would be buffered with vegetation. o There are corporate uses to the north of the fields and a golf course to the east. o There are zero foot candles at the west side of the property along Route 83 and at the center line of Kensington. o The property remains open space for recreational purposes, with nighttime athletic field lighting as it has been since 2007. • The poles must exceed maximum allowable height to ensure safe level of field illumination and minimize neighborhood impact. • The requested pole height minimizes negative effects of athletic field lights by eliminating glare and measurable light output at boundaries. • No adverse impact on adjacent property values. • No impairment of the supply of air or light to the adjacent properties. • Purpose of variation is to make sports and leisure opportunities available for all of the community. • Neither the Park District Board nor its staff caused the hardship that prompted this variation request. The complete written variation standards were included in the case file. Bob Johnson, Director of Parks and Planning, Oak Brook Park District, 1450 Forest Gate Road, presented several photos of existing and proposed lighting. Included in the PowerPoint were conceptual pictures of the proposed ballfield lights from different locations in the Briarwood and Brook Forest subdivisions, two existing street lights on Route 83, measurements of pole locations and a photo of the existing Ball Field 1 lighting taken at Central Park in the evening. The nighttime photo of Ball Field 1 was included to demonstrate how the proposed lighting on the soccer fields would appear to the Briarwood and Brook Forest subdivisions. He stated they have the ability to control light -spill due to the Musco LED lighting that would be used for these fields. The pole location measurement slides indicated a distance of 332 -feet and 330 -feet from the two most westerly poles to the western curb line in the Briarwood lakes subdivision. David Miller, Sales Representative, Musco Sports Lighting, LLC, 3380 Lacrosse Lane #103, Naperville, reviewed the PowerPoint detailing the proposed lighting. The six 80 -foot light poles would have a total of 56 fixtures. Musco has been in the sports lighting business for more than 40 years and has completed jobs worldwide. VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 3 of 12 --fb March 3, 2020 Mr. Adams referred to a letter from Musco that discusses their primary objective being player safety. They are focused on controlling glare and light -spill on the ballfield locations. Glare is often defined as "difficulty seeing in the presence of very bright lights". The pole mounting height and the use of external visors and internal reflectors are key elements in reducing the amount of light directed onto the playing surface (glare) as well as reducing the amount of light -spill on adjacent properties. He asked the ZBA to consider recommending the variation request to properly illuminate fields in order for the Park District to service the recreational demands of the community. Member Young asked Mr. Miller to explain how the lighting study was conducted. He wanted to know if a lighting engineer was involved. Mr. Miller replied that the study had been computer generated according to his exact measurements. Musco has engineers on staff that generate photometric studies. Member Young questioned if any residents from Briarwood had provided feedback about the request. Planner Von Drasek responded that the applicant spoke with residents, and no written comments were received. Member Cappetta questioned the height of the current lighting poles located on the ballfields in question and well as the lighting on Ball Field 1. Ms. Kosey replied that the existing ballfield light poles on Kensington are approximately 65 -feet. The Ball Field 1 lights are 70 -feet. Member Cappetta asked if all previous Forest Gate ballfield lighting complaints had been resolved. Planner Von Drasek responded that the Forest Gate issues had been resolved. Member Cappetta asked if the lights would automatically go on whether or not the fields were reserved for soccer play and asked about the available parking. Ms. Kosey replied that the field lights would only be turned on when the fields were reserved for play and that the lights would be controlled remotely by the park district. The park district has received permission from Ace Hardware to utilize their parking lot for weekend tournaments. The existing gravel lot on premises would be VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 4 of 12 March 3, 2020 1� reconfigured to add an additional 200 spaces. Additionally, they signed a 20 -year lease with the village owned parking lot located on the south and west end of Kensington. Member Young asked if there was plan to ensure that the lights stay in compliance throughout the year. Mr. Johnson responded that the LED's do not degrade like a traditional light bulb fixture. Once the lighting is installed, field measurements are taken and recorded by Musco to ensure proper illumination on the field as well as meeting the required on - field cutoffs. Mr. Adams stated that if there are any issues with the lights being damaged in anyway, that changes their direction, they would immediately rectify the problem. He said the Musco must contractually comply with the light levels approved and would cooperate with the park district if any lights are out of compliance. Member Pontrelli asked if the lighting range measurements would be shared with the village once the poles are installed. Planner Von Drasek responded that it was a recommended condition. Member Cappetta believed 80 -foot lights were tall against 3 -story buildings along Kensington. Member Hasan noted that her children have played soccer on the current fields during evening hours and that the current 65 -foot lighting was very dangerous for the players. She was pleased with the proposal for upgraded state of the art lighting on the fields. Mr. Adams pointed out that taller lighting would minimize the glare and focus more light on the actual field. Member Cappetta questioned if the current 70 -poles on the baseball fields were adequate. She was concerned that if the increased height was recommended, the park district would come back later and request 80 -foot poles for the baseball fields. Mr. Adams noted the poles were the proper height for the particular sport. Mr. Miller explained they had looked into installing 70 -foot poles on the soccer fields. However, the kids are often running off the field in soccer, so there needed to be buffer for safety reasons. The baseball fields would not need 80 -foot poles. VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 5of12 I March 3, 2020 Member Hasan wanted to confirm there would not be a gap in lighting between the two fields. Mr. Miller responded that the two poles between the two fields would have lights on both sides in order to illuminate both fields. Chairman Ziemer asked the park district to elaborate on the conversation with Briarwood Lakes HOA. Ms. Kosey stated the park district emailed the HOAs of Briarwood Lakes as well as Brook Forest. They did not receive any response or comments. Chairman Ziemer commented on the slide showing the proposed lighting from a second story level in Brook Forest where they appeared to be quite visible. Ms. Kosey said that they would be willing to increase vegetation along the west side of the fields if need as a buffer. Members discussed the advantages and disadvantages of adding vegetation. Member Young asked Mr. Miller to clarify the procedure used in calculating the lighting proposal and asked about the light output if the poles were 65 -feet. Mr. Miller responded that the proposed lights were computer generated from Musco's proprietary system and that there would be more light -spill and glare if the poles were 65 -feet. Member Young suggested an annual compliance review be conducted every year. Chairman Ziemer asked if there was a larger plan for the property in the future. Ms. Kosey replied there was a master "vision" that would include adding two fields to the east end of the property, but there were no funds currently available to invest in those. Chairman Ziemer asked what determined putting the proposed fields on the west side of the property versus the east. Mr. Adams responded that there were engineering issues on that portion of the site and would substantially increase costs to put the fields on the east side and the proximity to the needed existing parking was also a consideration. VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 6of12 March 3, 2020 Member Bulin asked about the grade change on the west side fields and was concerned that 80 -foot poles would turn into 87 -foot poles. Mr. Adams responded that there would be minimal grade change. Chairman Ziemer asked if the park district had a copy of the master vision to share with the ZBA. Ms. Kosey stated they did not bring a copy, but the master vision is on their website. Once the site is developed, the east side fields would mirror the west side fields. Planner Von Drasek noted that the Hawks soccer teams previously had fields on the property that can be seem on aerial photos. The members discussed the possibility of vegetation to block the lighting from Brook Forest. It was determined that it would take years to grow to an effective height, would not create a proper barrier and may cause future issues with utility companies. Member Young said he would agree that bi-annual compliance verification be considered. Mr. Adams and Ms. Kosey were hesitant to agree since they no longer had a verification requirement with Forest Gate after installing the same type of LED lighting being provided on these fields. If there were ever complaints received about the lighting they would swiftly take measurements to ensure they were in compliance. Trustee Baar added that once the new LED lights were installed on Ballfield One, the Board of Trustees no longer requires annual compliance verification. Member Cappetta believed the soccer field lighting should have compliance verification since residents are not in close proximately to notice any non-compliant issues and should be the burden of the petitioner not a resident or the village. Member Pontrelli asked the approximate cost for a lighting compliance verification. Ms. Kosey replied $1,200. Mr. Miller reported that Musco provides a 25 -year warranty for parts and labor. In his 13 years with the company, he has never had to return to adjust lighting due to natural causes. VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 7 of 12 March 3, 2020 Member Cappetta suggested a photometric be provided once the poles are installed, and after two years they conduct a compliance verification. If nothing changes, then they would no longer need a compliance review. However, if changes are made to the lighting, then a new photometric would be needed and the same two-year requirement would be expected. Member Young agreed to that proposal. Mr. Adams stated they would agree to that condition. He also mentioned they are happy and willing to work with the village and the public to address any concerns. Motioned by Member Hasan, seconded by Member Bulin to recommend approval of the variation as requested to allow the placement of six (6) eighty -foot (80') high light poles using LED lights, subject to the following conditions: 1. The proposed sports field lights shall be constructed in substantial conformance to the approved plans as submitted. 2. The field lights will be turned off if there are no activities planned on the fields. 3. The lights will be controlled by automatic timers, which will only allow use from dusk to 10:30 p.m. In addition, from December 15 through the last day of February of each year, the lights will be turned off at 9:30 p.m. 4. Light levels shall comply with the Building Code Amendment 302.15 `Maximum Line Of Sight Illuminance at Any Vertical Plane Boundary' and not exceed 0.3 foot-candles along the adjacent property lines. 5. An as -built photometric plan shall be submitted to the Village after installation of the light poles. 6. A lighting level survey/verification review shall be conducted at the second year anniversary of the light installation and after a significant change to the light poles. A significant change is considered to be a modification that will require a building permit. 7. Notwithstanding the attached approved 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, Hasan, Nimry, Pontrelli, Young and Chairman Ziemer Nays: 0 — Absent: 0 — Motion carried. Chairman Ziemer announced that the public hearing was concluded for this matter. VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 8 of 12 March 3, 2020 115 B. VILLAGE OF OAK BROOK — 1200 OAK BROOK ROAD — OUTDOOR VOB -1200 OAK BROOK RD - DINING AREAS ADJACENT TO RESTAURANTS — TEXT AMENDMENT OUTDOOR DINING AREAS ADJACENT TO RESTAURANTS Chairman Ziemer announced the public hearing and all witnesses were sworn in. Planner Von Drasek reviewed the proposed text amendment to allow outdoor dining areas for restaurants as permitted uses in Chapter 7 Business Districts and Chapter 10 Office -Research -Assembly Districts in the Zoning Ordinance. Outdoor dining is considered a special use and there are usually six conditions included with any approval. The conditions have been a guideline and other conditions may be added if needed. The written text amendment standards were included in the case file. Member Nimry raised a concerned about the ingress and egress to outdoor dining areas pertaining to alcoholic beverages and emergency exits. Planner Von Drasek responded that alcohol provisions were covered under the liquor license and emergency exit would be reviewed during the building permit process. Member Nimry suggested a condition that the entrance to the outdoor dining be through the restaurant only. Chairman Ziemer questioned why micro -distilleries were not included as a permitted use in Section 13-7B-1.0 of the B2 Regional Shopping Center District. Planner Von Drasek explained that when the Oakbrook Shopping Center amended the permitted uses in the B-2, they had concerns about distilleries needing specific tanks. They decided that micro -distilleries would have to go through the Village's special use process. Member Hasan inquired who would be responsible for approving the aesthetics of the outdoor dining area. Planner Von Drasek indicated it would be the responsibility of the restaurant/landlord. Member Cappetta believed the word "establishment" in 13-7-6.A and 10-104A should be changed to "the restaurant" and why 13-7-D-1 only allowed for restaurants to be at ground level or on rooftops. VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 9 of 12 March 3, 2020 ij5 Planner Von Drasek explained the language pertains specifically to how restaurants are allowed in different sections of the code and any changes to the language would be changes to restaurants themselves. The intent of the Text Amendment requested was to only changes to where outdoor dining elements where restaurant are now currently permitted. Member Bulin asked why the ORA -1 District did not allow outdoor dining as a permitted use when the ORA -2 and ORA -3 Districts did. Planner Von Drasek replied the requested text amendment was not intended to make changes beyond what was allowed in the current Office -Research -Assembly Districts. Restaurants in the ORA districts are more of service to the tenants of the buildings, which is why it was written that way. Previous outdoor dining approvals for the 0-4 district were discussed. Member Pontrelli wanted to ensure that the language in number two of the six conditions provided clear information about what is meant by a "fence or other barrier" in order to protect the health and safety of restaurant patrons and the general public. He was concerned that a "fence" would not be protective enough. Planner Von Drasek explained that the intent of a "barrier" is to prevent an errant vehicle from coming into the outdoor dining area. Barriers are reviewed during the permitting process and the location of the outdoor dining, speed limit, distance between barriers, etc. are taken into consideration. Staff has generally seen the use of steel bollards as a barrier. Member Young suggested changing the language to read "anti -vehicle barrier" which is an industry term. He said bollards are a specific barrier that are a steel -case structures and are six -feet underground and six -feet above ground. He mentioned the use of "vehicle traps" which close on vehicles trying to enter. Member Cappetta suggested that the language to include "the use of bollards" in order to provide clear guidance for a permit applicant. Planner Von Drasek in response suggested adding the language "including, but not limited to bollards, anti -vehicle, vehicle traps, etc." Trustee Baar suggested the language "protective safety barrier". The current process to approve outdoor dining is very lengthy and Development Services has wanted to change it to a permitted use for several years. The village has a great amount of VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 10 of 12 ILS March 3, 2020 1 7. experience in approving outdoor dining petitions. Outdoor dining should only require a building permit. Trustee Yusuf noted that he had never seen a denial of an outdoor dining request and was comfortable making it a permitted use. He questioned why there should be a higher standard for an outdoor dining area than for the building itself. Member Young discussed where he believed extra protection "barriers" were needed at the mall (smash and grab) and in outdoor dining areas. Member Pontrelli stated "smash and grab" barriers protect property and outdoor dining barriers protect people. He believed it was essential to have extra protective barriers and to clarify the meaning of barrier. Motioned by Member Young, seconded by Member Nimry to recommend approval of an amendment to the Zoning Regulations to revise the text relating to outdoor dining areas, as proposed with the additional revisions as follows: 1. That additional language be added to require that outdoor dining areas include the installation of a "protective safety barrier" around the perimeter of the dining area rather than just a barrier. 2. In proposed Sections 13-7-6.A and 13-10-4.A change the word `establishment' to `the restaurant'. ROLL CALL: Ayes: 7 — Members Bulin, Cappetta, Hasan, Nimry, Pontrelli, Young and Chairman Ziemer. Nays: 0 — Absent: 0 — Motion carried. Chairman Ziemer announced that the public hearing was concluded. OTHER BUSINESS OTHER BUSINESS Chairman Ziemer welcomed Member Hasan to the Zoning Board of Appeals. There was no other business to discuss. PUBLIC COMMENT PUBLIC COMMENT There were no additional comments from the public. VILLAGE OF OAK BROOK Regular Zoning Board of Appeals Minutes Page 11 of 12 March 3, 2020 ADJOURNMENT: Motion by Member Young, seconded by Member Nimry to adjourn the meeting at 8:43 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 March 3, 2020 �rJ ADJOURNMENT