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Minutes - 08/19/2013 - Plan Commission MINUTES OF THE AUGUST 19, 2013 REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON OCTOBER 21, 2013 1. CALL TO ORDER: CALL TO ORDER The Regular Meeting of the Plan Commission was called to order by Chairwoman Tropinski in the Samuel E. Dean Board Room of the Butler Government Center at 7:02 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairwoman Marcia Tropinski, Members Raju Iyer, Raj Lal, William Weiss and Simon Sheers ABSENT: Members Thomas Doyle and Naveen Jain IN ATTENDANCE: Director of Community Development Robert Kallien Jr. 3. APPROVAL OF MINUTES: MINUTES There were no minutes available to approve. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS Unfinished Business was moved to after New Business on the agenda. 5. NEW BUSINESS NEW BUSINESS A. PROTEIN BAR — 2040 YORK ROAD — SPECIAL USE — OUTDOOR PROTEIN BAR - 2040 YORK RD- DINING AREA ADJACENT TO A RESTAURANT SPECIAL USE - OUTDOOR DINING Director of Community Development Kallien provided an overview noting that this was the second request in the Clearwater Development for an outdoor dining area. Robin Jones, Director, Protein Bar presented the request. The space proposed for the outdoor dining area is the walkway between Protein Bar and LA Fitness. The walkway is 17 feet wide and of that, they would occupy approximately 5 feet. Details and photographs were provided in the case file. They proposed 4 outdoor wood and aluminum tables that are heavily weighted along with 12 wood and aluminum outdoor chairs that are also heavily weighted. There will be normal pedestrian traffic flow in front of the building and the other stores. The proposed area is along the side of the building. No parking spaces or vehicle traffic would be compromised. All furniture would be brought in each night. No umbrellas would VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 12 August 19,2013 be permitted on the proposed walkway. Protein Bar employees will monitor the outdoor area on a regular basis keeping it clean and free of debris. The outdoor seating area will be just a seating area and no formal wait service would be provided. Protein Bar believes outdoor seating would be an enhancement to the complex at 2040 York Road and provide the consumer with an inviting Al fresco dining experience. They view the outdoor seating area as a benefit to the public and it would provide a safe outdoor gathering place away from the primary flow of traffic. They have had many requests from customers regarding an outdoor dining area. They believe the proposed area would fulfill those desires and address all public health and safety concerns. Member Weiss questioned whether a traffic study was done. Ms. Jones responded that a traffic study had not been done. Member Lal questioned whether the window adjacent to the outdoor dining area could be replaced with an automatic door so that it would be less cumbersome for the customers carrying trays and for employees to get in and out of the restaurant. Ms. Jones responded that she did not believe it would be a problem for the employees or the customers to come out the front door. She clarified that the employees would not be serving the food. Customers would make a purchase and take it outside. Member Iyer noted that using the tray with food and soft drinks would be difficult. Ms. Jones responded that they would not use trays outdoors. Member Lal noted it could be a safety concern with the customer carrying the food. Chairwoman Tropinski noted that there were a number of restaurants that have outdoor dining, such as Panera Bread in Oak Brook on 16th and Route 83, where the customers go in and out the same door as those with food. At the last meeting, a similar outdoor dining request was approved for Chipotle and its customers will use the same door. There are a number of similar outdoor seating arrangements in Oak Brook that have been approved. Director of Community Development Kallien commented that a number of restaurants have a singular entrance and exit, including McDonald's on Midwest Road and people choose to go out there if they want to. They have a single door and it is very busy. If the Village should require another door, that may substantially change the way the restaurant is laid out and would require a structural change to the building to add a VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 12 August 19,2013 door. The Village has never had an outdoor dining area request that required a structural change to the building. Member Iyer questioned whether approval would be required from LA Fitness. Director of Community Development Kallien noted that The John Buck Company owns the building and leases all of the tenant spaces. The owner is responsible to maintain those areas. Ms. Jones noted that she approached LA Fitness,the other businesses in the area and none had any objections to the request, and they were enthusiastic about the outdoor dining area planned. Member Lal noted that he did not have a problem with the outdoor seating area. His issue was the egress and entrance that could be implemented with some minor changes. If the window were replaced with a sliding door, it would make things easier for the employees and customers. Rafael Carreira, Principal, The John Buck Company, represented ownership and said that the comments were well taken. He noted that they have full rights to allow the outdoor dining area. There is plenty of space and there are no issues with LA Fitness relative to the outdoor seating area. The area proposed would allow four tables and twelve chairs, which is a small amount of seating. There would not be a large number of people going in and out the doors. If it were a much larger area with people constantly going in and out, he would understand the point suggested. In addition, the window suggested to be replaced has seating provided next to it, so they would be jeopardizing some of their existing seating in order to add another door, and it would be an additional security issue for monitoring, etc. The existing door is right around the corner and is convenient given the number of tables provided. They have a very clear lease from an operational perspective. Retail centers with outdoor dining have a number of items in the lease agreement relative to cleanliness and maintenance, etc. It is the front door for all the tenants and they want a high level of standards so that things are well maintained. They have required that the table and chairs be brought in at the end of each day to eliminate the possibility of something happening or possibly stolen. They have worked things out with each of the tenants and are confident from an operational perspective that they have thought things out. Although the point was good, with four tables there was not enough to warrant an additional door or a change in the pattern that would jeopardize the air system in the space and the security to monitor an additional door. Member Lal said that the number of tables does not matter. The zoning in Oak Brook is very stringent and as a Commissioner, he was looking at it from the safety of the customers visiting. He thought it would be any easy solution to replace the window with a sliding door and would like to see it changed. No one from the audience spoke in support of or in opposition to the request. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page-3�of 12 August 19, 2013 Motion by Member Sheers, seconded by Member Iyer that the applicant had satisfied the requirements for a special use for an outdoor dining area and to recommend approval of the request subject to meeting the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the revised plans as submitted and approved. 2. The restaurant will be responsible for maintaining and cleaning the outdoor area and shall comply with all applicable requirements of the DuPage County Health Department. 3. The outdoor dining area will be operated in accordance with the following rules of operation: a. A maximum of four (4) tables with 12 seats may be provided in the outdoor dining area. 4. Comply with all other applicable rules and ordinances of the Village of Oak Brook, 5. Add the provision "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 VOTE Ayes: 4—Members Iyer, Sheers, Weiss and Chairwoman Tropinski Absent: 2—Members Doyle and Jain Nays: 1 —Member Lal. Motion Carried. 5 B. ROTI MEDITERRANEAN GRILL — 2109 CLEARWATER DRIVE — ROTI MEDITER. GRILL - 2109 SPECIAL USE — OUTDOOR DINING AREA ADJACENT TO A CLEARWATER RESTAURANT - SPECIAL USE- OUTDOOR DINING Director of Community Development Kallien provided an overview of the request noting that this was the third request in the Clearwater Development for an outdoor dining area. Jason Dolan, Red Architecture and Planning, on behalf of the applicant, Roti Mediterranean Grill said that they were seeking approval of a special use at 2109 Clearwater Drive for an outdoor dining area adjacent to the restaurant, which is located next to Chipotle Mexican Grill. The patio seating was proposed to be on a 200 square foot concrete pad located directly to the south of the restaurant storefront. There are ADA parking spaces on either side and no vehicles would be able to parking adjacent to the patio. It would be enclosed on three sides by a steel railing and would be open all business hours of the restaurant. Seven bollards were also planned to be situated around the patio for additional security from the parking lot traffic. Roti would be responsible for maintaining and cleaning the outdoor area and meet all applicable requirements of the DuPage County Health Department. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 12 August 19, 2013 /-i__z.,1 '': The bollard design would match the Chipotle design,which is directly next door. Chairwoman Tropinski asked if any thought had been given to pushing the parking away from the building so that no cars would be parked close to the seating and storefronts. In terms of safety, people do tend to lose control of vehicles and recently, a woman in Skokie lost control of her car and ran into the storefront. It would seem to be safer not to have a car pull up so close to the outdoor area and have the area filled with sidewalk, rather than parking spaces. If a variation were requested, the four parking spaces may be able to be eliminated so that the cars would not be close to the seating area. Rafael Carreira, Principal,The John Buck Company,represented ownership and said that the comment had some merit to it. They began the project long before there were any tenants, so they did not know who would be in the spaces, but did expect the likelihood that there could be some quick serve restaurants. There is a big challenge in locating handicapped spots away from the front door where walkways are required. They are also dealing with a challenge at Clearwater in general from a parking perspective since it does not have a lot of excess parking by its design and may be one of their challenges going on. Leases have already been signed with tenants and this may be something that would have to be investigated separately. It would require the amendment of all leases and building permits. He would take it under advisement. Chairwoman Tropinski noted that Chipotle is on the corner, but Roti's seating area was exposed on three sides and seemed more vulnerable to vehicular traffic and people possibly miscalculating their vehicles. Mr. Carreira understood the concerns and noted that they believe the bollards have done a certain amount to address that concern. He noted that there was the likelihood that they would look at adding some planters in front that would add another layer of protection and would provide an aesthetic feature. Changing the parking would add a whole other level that would require the architect to see what that kind of change would trigger. He noted that they have done weighted planters that are anchored down with a steel rod, which would add another layer of protection should someone lose control of a vehicle. When installed, the bollards would be down underground, which was a suggestion by village staff. Member Lal asked about the legal opinions regarding safety and the outdoor seating areas. Director of Community Development Kallien responded that there are probably 25- 30 outdoor dining areas in the village and each one has unique circumstances, which is why they are required to go through the special use process. Early on, during staff review, safety is at the forefront, which is why the areas have bollards that are to be anchored into the pavement for a higher level of protection, rather than just a fenced in area. Ownership offered to enhance that with additional planters in front. The VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 12 August 19,2013 highest level of safety is looked at, but in reality, you cannot plan for every potential issue. If that were the case,there would not be any sidewalks; there would be a wall in front of the buildings to ensure that cars could not conflict. It is a judgment call from the perspective of staff and appears to meet the safety requirements of the village. No one from the audience spoke in support of or in opposition to the request. Motion by Member Iyer, seconded by Member Sheers that the applicant had satisfied the requirements for a special use for an outdoor dining area and to recommend approval of the request subject to meeting the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the revised plans as submitted and approved. 2. The owner is to consider adding planters on the patio exterior to provide additional protection to the outdoor dining area. 3. The restaurant will be responsible for maintaining and cleaning the outdoor area and shall comply with all applicable requirements of the DuPage County Health Department. 4. The outdoor dining area will be operated in accordance with the following rules of operation: a. A maximum of 16 seats may be provided in the outdoor dining area. 5. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 6. Add the provision "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 VOTE Ayes: 5 —Members Iyer, Lal, Sheers, Weiss and Chairwoman Tropinski Absent: 2—Members Doyle and Jain Nays: 0—Motion Carried. 5 C. OLD TOWN POUR HOUSE —8 OAKBROOK CENTER — SPECIAL USE— OLD TOWN POUR HOUSE -8 OUTDOOR DINING AREA ADJACENT TO A RESTAURANT OBC - OUTDOOR DINING Director of Cormnunity Development Kallien provided an overview of the request noting that the location is the lower level space of Neiman Marcus and is directly west of the Cheesecake Factory. It is a more traditional outdoor dining area that is consistent with Oakbrook Center, where people are actually served out in the outdoor dining area and the configuration is significantly different from the others requested at this meeting. Majdi Hijazin, Attorney for the Bottleneck Management Group, which anticipates VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 12 August 19, 2013 _ opening the Old Town Pour House restaurant in November. He introduced the following, Nathan Hilding, President and co-owner of Bottleneck Management, Chris Bisaillon, co-owner of Bottleneck Management, Tristan Dacre, Architect, Dacre and Youngquist, LLC, Chuck Fleming, Gcneral Manager Oakbrook Center. The Bottleneck Management Group is also the owners of several other restaurants in the Chicago area. They include the Old Town Pour House on Wells Street, Sweet Water Tavern and Grill, the South Branch, and recently opened Howells & Hood in the Tribune building, which was voted one of the top 10 outdoor dining restaurants in the Diners Choice Magazine and they are seeking to bring a similar dining experience in Oak Brook. They have garnered the support of surrounding tenants, including Perry's Steakhouse, which will be opening next door to them and the support of the Oakbrook Center with its written approval included in the case file. The number one issue was that of safety, which has been addressed. There were some issues when designs were first submitted regarding vehicle traffic and access to the patio from outside the restaurant. The architect for the Bottleneck Group immediately addressed those concerns. The plan included a custom-made barrier system with concealed bollards, aluminum planters, lampposts and wood and aluminum railings that would be similar in design with the interior finishes found within the restaurant. The system would meet or exceed the barricade standards approved by village ordinance. Their proposal would add some color to the area and would be water tight with internal drainage to allow for live greenery and seasonal flowers, which will enhance the sidewalk area. The safety issue has been addressed by the design and they requested that their request for special use be approved. Member Iyer questioned whether the 72 chairs located on the patio would be permanent or removed. Mr. Hijazin responded that he believed they were permanent. Member Sheers questioned what it would be like when they were snow covered. Chris Bisaillon, co-owner of Bottleneck Management Group responded that all of the furniture would be stored away seasonally. Member Sheers questioned whether there would be holes in the ground when the furniture is removed for the winter. Mr. Bisaillon responded that the furniture would be movable and would not be permanently affixed to the concrete, which is similar to all of their other patios. The fencing and planters would remain, but the furniture would be professionally removed. Tristan Dacre, Architect, Dacre and Youngquist, LLC, responded that they discussed with GGP for Oakbrook Center how permanent the patio would be. In the VILLAGE OF OAK BROOK Regular Plan Commission Minutes Pa-gee 77 of 12 August 19, 2013 X- beginning, there was consideration on how removable everything would be from the railings to the furniture for snow removal and maintenance during the winter. They started with a removable system. After meetings with the village and the concerns with safety and welfare came into play, the idea of a removable railing system did not make sense, so they changed the system so that the walls, railings and planters would be permanent. Only the exterior patio furniture, which is loose, would be removable. Mr. Sheers questioned the 50"televisions. Mr. Dacre responded that the site is located right next to an unsightly loading dock, while working with GGP and Bottleneck and they wanted an aesthetic barrier, which made it more pleasant, and to go along with the theme inside the restaurant and they took the televisions into the patio. Member Weiss questioned whether the access to the patio was only through the restaurant. Mr. Dacre responded that they worked with village staff on a plan to make that work. You must enter into the restaurant to get into the patio. There is also a separate entrance for the employees. Member Weiss questioned whether the patio would be locked during the winter weather after the furniture had been removed. Mr. Dacre confirmed that it would be locked. Member Lal questioned whether the fireplace was gas. Mr. Dacre said that it was and would be shut off in the winter. No one from the audience spoke in support of or in opposition to the request. Motion by Member Iyer, seconded by Member Weiss that the applicant had satisfied the requirements for a special use for an outdoor dining area and to recommend approval of the request subject to meeting the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the revised plans as submitted and approved. 2. The restaurant will be responsible for maintaining and cleaning the outdoor area and shall comply with all applicable requirements of the DuPage County Health Department. 3. The outdoor dining area will be operated in accordance with the following rules of operation: a. A maximum seating capacity for 72 patrons may be provided in the VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 88'��of 12 August 19, 2013 outdoor dining area. b. No live music, dancing or other outdoor entertainment will be permitted with the exception of several flat screen televisions that will be placed in the outdoor dining area. 4. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 5. Add the provision "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 VOTE Ayes: 5 —Members Iyer, Sheers, Weiss and Chairwoman Tropinski Absent: 2—Members Doyle and Jain Nays: 0—Motion Carried, 4. A. VILLAGE OF OAK BROOK — TEXT AMENDMENT — SIGN vos - TEXT REGULATIONS SIGN DMENT - REGULATIONS Director of Community Development Kallien provided an update of the request. At the last meeting, it was the consensus of the Plan Commission that as the review proceeds forward, the various issues need to be prioritized so that things are not reviewed randomly. Accordingly,three priority areas have been identified. Priority One Staff is proposing that the housekeeping items need to be addressed to help the Village's Plan Reviewer have the regulatory tools in place as individual sign permits are reviewed. When the current sign regulations were developed, many hours were spent to ensure that the regulations improved the level of signage that would be permitted in the Village's commercial and office areas. To date, the business community is pleased with the results. However, some unintended consequences resulted in gaps in how signage is to be handled in the CR District, Institutional District and the Graue Mill Gateway Area. Presently, the language is simply not very clear. Therefore, it is staff's recommendation that language needs to be improved within these districts so that anyone reading the regulations would clearly understand what is and what is not allowed in those specific areas. There is a clause in the existing code that says all governmental signs are exempt from the regulations. From an administrative position, that makes sense to some degree. The Village should have the right to place signs it deems necessary and appropriate. However, in the Village there are other governmental entities including the Park District, School District and Forest Preserve District. Frequently throughout the year, each of these governmental entities has special events. Many of these events are advertised using a variety of temporary signage that often includes specific sponsors for the event. As an example, the Park District has VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 9 of 12 August 19, 2013 sponsors for its little league program. The Village's Taste of Oak Brook has McDonald's as its primary sponsor. Regulations need to be developed to ensure that the temporary banners including sponsorship banners are better regulated with respect to location and aesthetics. Peabody Mansion has advertised events over the years using temporary banners tied to telephone poles or temporary stakes. The ball fields at the Park District have sponsorship banners that really are not government signs, but more like an off premises advertising signs. The connection has been lost. Although it is an advertising sign, it is there solely as a sponsorship. If those types of signs are going to be allowed in the future, a clear connection must exist between the governmental entity and the activity/event being held to information being displayed on the banner/sign. It is a problem now that should and can be corrected. At the next meeting the following will be reviewed: 1. Proposed housekeeping language changes to assist Staff review and approve new sign permit requests. 2. Some reasonable language will be brought forth for the Institutional District and the Graue Gateway Area so everyone will specifically know what to expect and what regulations to follow. 3. Attempt to tackle the temporary banner issue. We need to be careful not to create unintended consequences. The final language needs to be fair, reasonable and can be fairly applied to the Village, the Park District, the Forest Preserve District and to the School District. Member Weiss questioned whether a permit was required for the temporary signage. Director of Community Development Kallien responded that presently, governmental entities did not need permits for these types of signs. He would like to recommend that there be a permit to ensure that there is some adherence to the regulations. When it comes to special events in the commercial and office district there are regulations that cover temporary signage, including how long they can be in place, when they can go up and when they are removed, and for how often during the year. Priority Two There exist office buildings that in order to put up wall signs, must seek a variation. Some buildings have vertical column or glass architectural features. There is no way to affix some of the individual chamiel letters on these types of buildings. For the buildings that have architectural hardships, instead of requiring them to seek a variation and there is a history of signage on the building there should be a way to administratively approve signs that meet certain qualifications. The process can run 90-120 days to complete the variation process. If they would seek a sign above the requirements,they would then be required to go through the public hearing process. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 10 of 12 August 19, 2013 -1Z Priority Three Originally, Ace Hardware also sought a large monument sign that would face the tollway, but was withdrawn. There are many businesses that back up to the tollway. The Village Board felt that it should be studied to find out what works and what is the best practice. Our neighboring towns, Downers Grove, Lisle, Naperville and others going west do have monument signs facing the tollway, some may be good and others may not. We have also received some informal requests to consider amendments to permit the expanded use of information boards. Other signage issues as identified by the Plan Commission, such as entryway signs and way finding signage. It has been identified in the Village's strategic plan to come up with tasteful and well-placed monument and way finding signs. Presently, the Village's Commercial Revitalization and Streetscape Committees are considering these signage types as part of future roadway enhancement projects. Member Sheers agreed that the banners were not the best and questioned what could replace them. Director of Community Development Kallien commented that possibly each governmental entity could establish specific locations for placement of temporary signs or possibly consider using a sign that could provide changeable copy. As an example, the temporary sign now up on the Park District on Jorie Blvd. is now properly framed and is an improvement over what was use previously. Member Sheers agreed that perhaps a permanent frame could be used to display the banners. Director of Community Development Kallien said that looking back at the history, there have been many habits over the last 53 years and it could be a challenge. We do not want to convey that they cannot do something,just to do it a little better. Ernie Karras, 75 Forest Gate Circle commented regarding the existing signs around their area. A number of residents in the community object to the signage that has been going up along Forest Gate. The bariners are not govermnental signs; they are advertising signs, advertising businesses off their location. They are not temporary signs because they have been up for quite a while. They are distasteful and not conducive with the area with residents and zoned noncommercial. They would prefer that these types of signs be prohibited and not allowed in a residential area. The Park District has its governmental sign. Adding a Park District logo to a sign is not a measure to ratify them, and he questioned if billboards could be next. He asked that careful thought be given to the way the signs are put up and the effect on a community such as Forest Gate. Director of Community Development Kallien said that the comments made were VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 11 of 12 August 19,2013 accurate, which is one of the reasons it is before the Commission. The regulations as they currently exist are inadequate and do not address a real problem. We cannot let what has happened in the past to repeat itself. Andrea Cygan, 12 Forest Gate Circle said that Forest Gate was part of the big picture and adjacent to an area with many signs, which is why they have an interest. They represented their whole community and the homeowners indicated in writing that they support their endeavors. Jorie Blvd was part of the beautification corridor and was designated to be given more scrutiny than other areas. She was pleased to see the direction that the signage review was going. She brought up the soda machines on the property and said they should also be considered under the signage review. If they are permitted, perhaps they should be obscured from view of the community in general, not just Forest Gate. Motion by Member Iyer, seconded by Member Sheers to continue the review of the Sign Regulations to the next Regular Plan Commission meeting. VOICE VOTE: Motion Carried. 6. OTHER BUSINESS OTHER BUSINESS Director of Community Development Kallien reviewed the upcoming cases. There was no other business to discuss. 7. ADJOURNMENT: ADJOURNMENT Motion by Member Iyer, seconded by Member Sheers to adjourn the meeting at 8:12 p.m. VOICE VOTE: Motion carried. ATTEST: /s/Robert L. Kallien Jr. Robert Kallien, Director of Community Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 12 of 12 August 19,2013