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Minutes - 10/21/2013 - Plan Commission MINUTES OF THE OCTOBER 21, 2013 REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON DECEMBER 16,2013 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 7:01 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairwoman Marcia Tropinski, Members Thomas Doyle, Raju Iyer, Naveen Jain and Simon Sheers ABSENT Members Raj Lal and William Weiss IN ATTENDANCE: Gerald Wolin, Trustee and Director of Community Development Robert Kai lien Jr. 3. APPROVAL OF MINUTES: MINUTES REGULAR MEETING OF THE PLAN COMMISSION OF JULY 15 2013 Motion by Member Iyer, seconded by Member Doyle to approve the minutes of the July 15, 2013 Regular Plan Commission meeting as written. VOICE VOTE: Motion Carried. REGULAR MEETING OF THE PLAN COMMISSION OF AUGUST 19 2013 Motion by Member Iyer, seconded by Member Sheers to approve the minutes of the August 19, 2013 Regular Plan Commission meeting as written. VOICE VOTE: Motion Carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS Unfinished Business was moved to after New Business on the agenda. 5. NEW BUSINESS NEW BUSINESS A. MB BANK — ROCCA — 3824 YORK ROAD — CERTIFICATE OF MB BANK - ROCCA - 3824 APPROPRIATENESS — AMEND CONDITIONS OF ORDINANCE S-914 YORK RD- CERT RELATING TO SIGNS APPROPRIATE - AMEND S-914 VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 12 October 21, 2013 lam Director of Community Development Kallien provided an overview of the request noting that MB was located in the Historic Graue Mill Gateway Overlay District, which provides for additional requirements relative to design and material that normally are not part of the other zoning districts. Anything that occurs with those buildings, including new construction and modifications require the Village review and issue a Certificate of Appropriateness. The original Rocca building located at 3824 York received a Certificate of Appropriateness and they are now seeking an amendment to it, which requires a hearing before the Plan Commission, with approval by the Village Board. They are seeking to modify the existing signage on the property. Chairwoman Tropinski swore in all who would testify at the public hearing. Douglas Merritt, Professional Permits, agent representing MB Bank Corporation, the Icon Companies and Mr. Rocca the property owner. He introduced Bret Dvorak and Robert Lucente, The Icon Companies who is the design manufacturer and program management company for MB Bank, Alan Rocca, property owner, Vincent Romanelii, a leaseholder at the facility, Judy Hastings, MB Bank, Corporate Representative and Pam Voss, MB Bank,Corporate Banking Manager. Mr. Merritt reviewed the request stating that they were seeking the issuance of a Certificate of Appropriateness to amend ordinance S-914 to allow modifications to the existing ground sign fiom five feet in height to 10 feet in height and would incorporate the MB Bank logo. The changes sought are as follows: • Color change to the existing MB Bank wall sign to allow MB Bank color, PMS032 - red. There is no dimensional change, color only. An existing raceway has been part of the existing sign. • Increase the height of the existing shared ground to an overall height of ten feet above grade to accommodate the MB Bank logo as well as the Graue Mill signature and key element graphic design on the profile of the existing pier will be incorporated into the new sign. All tenants identified on the existing sign will be accommodated within the new configuration. • A dimensional increase from 7'6" in width of the existing sign to 9'2" in width with no reduction in the setback from the right of way/property line. There is substantial and sufficient room for the increase that will not negatively impact the landscaping that will be proposed and submitted for formal plan review. MB Bank along with the property owner in collaboration with the Icon Companies developed a professional design that is in keeping with the high standard of the Village of Oak Brook. It was very important to MB Bank and Mr. Rocca that the existing ground sign and its original intent and spirit is maintained. There will be no dimensional change to the wall sign, only a color change. The wall sign includes a day/night illumination effect and the ground sign allows for a halo-illuminated proposal with an opaque face, which was integral in the overall design aspects. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 12 October 21, 2013 They would like the opportunity to incorporate the original elements of the Graue Mill identification into the profile of the future sign. If it were the will of the Commission to recommend approval,the incorporation would be consistent with the spirit and intent of the ordinance and the site-specific ordinance. The corridor itself does actually include additional colors of a corporate nature so the request is not something that would be taken out of the spirit or intent of the overlay. The Graue Mill corridor needs focus from a traffic perspective. He reviewed a line of sight analysis on the screen (this was also submitted in the case file under page H), showing the location of the sign with respect to traveling north and south along York Road showing the existing and proposed ground sign rendering (not to scale). He noted that directly across the street is the retail liquor store and the curvature of the roadway. Alan Rocca,property owner of 3824 York Road reviewed the history of the site. He noted that he had been about 14 years since he appeared before the board. At that time, they sought 7 variances and 2 special use permits. There was a small 50-foot residential lot that he sought to have zoned commercial, which took a lot of work. His first set of architectural plans was rejected because the board said that they looked too commercial. They came back with a more residential look, which is what the board requested. The plans were approved and the building was constructed. The old gas station that was on the property at the time was an eyesore and not what people would have expected to be the gateway entrance into Oak Brook. The current look is much different. In the 1980's he became a homeowner in Oak Brook and wondered if it would fall down, but did not know, he would be the one to develop the property. He is now asking that the board allow the change to the monument sign,which is similar, but more visible from York Road. It is a small but necessary change. Over the last 10 years,he has noticed many people that have tried to find them, but drive past the building, thinking that it is a home. On more than several occasions, he has stood outside flagging down customers in order to find the entrance to the building. He did not know of other businesses that would be a better compliment to the area than a bank, a high-end residential real estate company and a fine jeweler. He thanked the Commission Vincent Romanelli said that he was a tenant in the building and wanted to offer a different perspective of someone who has been in the building for only four months. Clients repeatedly tell him that they have driven right past the building because it looks like a luxurious residence. Knowing what he has dealt with over the last 4 months he can only imagine what the current tenants have dealt with over the last 14 years. When clients drive by, they are simply missing it due to the appearance of the building. Member Sheers noted that the Alan Rocca Jewelry and the Real Estate were subordinate to the MB Bank sign. He was not opposed to the color of the sign, but had great doubt about the 10-foot high sign. He had no difficulty with the colored wall mounted sign. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 12 October 21, 2013 Director of Community Development Kallien said that the Graue Mill Gateway intent was to promote development in a manner that is consistent with the character of the area. He noted that Mr. Rocca's building is a great example of the area, showing a lot of thought and in keeping with the intent of the district. There are some contradictions. The Rocca building and signage are very good, and consistent with what would be expected as with the Graue Mill. Across the street is a liquor store with its own unique identifier. Down the street in Hinsdale, which has a companion historic district where the McDonald's is located that doesn't appear that there was any attempt to make the signage more in keeping with what the district was about. Although his staff report acknowledges the need for identity at this location, however, would there be another way to do that without having the significance of the red sign or is it a scale issue. It really becomes the dominant feature in the rendering and should be balanced. He questioned if there were better ways to soften the impact. Chairwoman Tropinski questioned the red logo is aluminum and light would not be emitted from the red,just from the letters. Mr. Merritt responded that was true. It will be an opaque face and only the routed portion where the white MB letters will actually be backlit. Only the MB would be illuminated. An exterior ground mount flood light at the base would shine light on the sign. Chairwoman Tropinski said that in reviewing the sign details the sign itself would be using very similar materials as the building itself. As an architect, she found the sign to be very tasteful and understood that they have a branding issue with MB Bank. She respected that and liked that just the white letters would be lit internally with a soft flood light at the base. It would look more like a business sign rather than a commercial sign. Member Iyer raised concern over doubling the size of the sign and questioned why. Mr. Merritt said that in their review of the roadway, 10 feet was an appropriate height. Considering they would like a legible letter height in scale and in proportion with the massing of the building itself and the front fagade, which is often overlooked by motorists because of its orientation, and the building is often mistaken for a residence. Consideration was for a ground sign with an appropriate height for the posted road speed and within the line of sight for the motorist's perspective and viewpoint. The property owner testified that people often overlook the access point, especially if they are not familiar with Oak Brook. Patrons often miss the existing language on the ground sign because of it is five feet in height. The quality of the architecture and materials that Mr. Rocca employed within the development tools the meaning and information of the Commission back then to heart and created a quality building. They have reviewed the sign design over the last 12 months and do not believe that it is garish or inappropriate for the corridor. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 12 October 21, 2013 They feel that based on the road configuration, the motorist would have that safe way finding and advance notification that they need to turn right or left, which is where the requested height comes from. The line of sight, specific to if you are driving a subcompact or a larger SUV, which has been taken from its actual setback from the curb line of York Road. Member Jain appreciates the building and the MB color and he suggested that if just the color were added, it would draw attention by itself. He suggested alternates that would not raise it to 10 feet, but still achieve the same objective. Mr. Merritt responded that any modification to the existing sign would require cutting of the mortar joints and removal of the existing sign face and would result in new mortar joints and would look like an afterthought to the trained eye, which is not what the village with its high standards would be looking for. They did look at a more horizontal layout, but taking into consideration of the curb line would be a larger mass and they would not achieve the line of sight they are looking for, so the increase in height makes sense. Member Sheers questioned that in the original sign there was equal prominence of the tenants and what is proposed has a big square and the others are much smaller Mr. Merritt responded that it was that way by their choice and design. Mr. Rocca said that when people ask where they are located by the MB Bank because that is a little more visible because the current sign looks like a graveyard sign. Member Sheers responded that he understood that the color would help, but he could not imagine a 10-foot sign. Director of Community Development Kallien said that 10-foot high monument signs are allowed in the office districts. An example would be the sign on Jorie Blvd., by the entrance to Residence Inn. The old code allowed a 6-foot sign. He noted the challenges along this stretch of road. The quantity of signage that one needs in terms of height and size is usually predicated on the level and speed of the traffic. There are two traffic signals located at Ogden and at Spring Road, which is a very constrained area and traffic does not seem to go by quickly. The applicant wants to create visibility, but questioned if the proposed sign could be better. Member Doyle questioned the extension a nameplate of the sign extended out to the overhang. He said that he did not have a problem with the height requested, because approaching the sign heading north almost completely hides the sign. Any ground covering used to shield the parking lot will not work with a 5-foot sign. Visually the large red square on the sign looks more like a billboard. The size of the logo is VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 12 October 21,2013 disproportionate to the size of the sign. He did not know that everyone knows what MB stands for. The logo on the wall identifies what MB means. He did not like the foimat, different size faces, different type set. He understood what they were attempting to do, but he was not comfortable with the way the sign has been proposed and he would vote no. Mr. Merritt noted that the illumination from the sign would be from all the lettering on the sign. The address of 3824 York Road would also be illuminated. Member Jain said that he has resided in Oak Brook for 14 years and did not know that three tenants existed in the building and he drives through there frequently. He appreciated and agreed that they need to do something. He liked the stone and character of the sign. Member Sheers said that he was concerned with the height. He does a lot of design work, and did not feel that the sign worked together well, having 4 different typefaces. Trustee Wolin said that as a Village Trustee he hesitates to comment because he did not want to influence the Plan Commission, as they should make their own recommendation. He said that the building that Mr. Rocca built is an asset to the community. He said approximately once a month he drives by the area and was aware of the tenants in the building. He said he likes the existing black sign, because the red is somewhat glaring. Oak Brook is supportive of its businesses and likes to help. Signs in Oak Brook are a very emotional thing in the Village. He said that businesses often over estimate the amount of signage they need and gave a couple of examples. The main point was that he did not like the sign as proposed and that it was not done as effectively as it could be and although he was not a sign designer, he thought it was not properly proportioned. If reduced in height it would probably fit in more with the building. If it went to the board as proposed, he would say the same thing and the Village Board and would not vote for it until he had seen some alternative designs. He offered to meet with them regarding some ideas. Member Iyer said that the property is not in an area that people speed and did not see how people would miss the sign. He said that a 10-foot monument sign looked disproportionate and would not be appropriate as presented. Chairwoman Tropinski said that the red "mb" square is a branding issue and has to be taken into account. Trustee Wolin suggested, and the Commissioners agreed to allow the applicant the opportunity to offer a few sign options that would be more appropriate to the building and area. Mr. Merritt agreed. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 12 October 21,2013 Motion by Member Iyer, seconded by Member Jain to continue the public hearing to allow the applicant time to provide additional options for the proposed signage. ROLL CALL VOTE Ayes: 5—Members Doyle, Iyer, Jain, Sheens, and Chairwoman Tropinski Absent: 2—Members Lal and Weiss Nays: 0—Motion Carried. 5 B. PERRY'S STEAKHOUSE — 5 OAKBROOK CENTER — SPECIAL USE — PERRY'S-5 OBC -SPECIAL USE- OUTDOOR DINING AREA ADJACENT TO A RESTAURANT OUTDOOR DINING Director of Community Development Kallien provided an overview of the request noting that the request is very similar to other requests at the Oakbrook Center. Majdi Hijazin, Attorney for Perry's Steakhouse, LLC, introduced the following, Rick Henderson, Chief Operations Officer of Perry's Steakhouse, David Kastendieck, Project Architect, Identity Architects and Chuck Fleming, General Manager, Oakbrook Center. Mr. Hijazin reviewed the history and background of the request. This will be their first location in Illinois. They own nine popular restaurants in Texas and the tenth is scheduled to open in Oak Brook in November. They are also planning to open another restaurant in Denver, Colorado next year. Perry's has received numerous awards, including the best new restaurant in 2010 by the Dallas Morning News and rated excellent by Zagat magazine. They are seeking to bring a similar dining experience to Oak Brook. The owners of the Oakbrook Center support the request as well as area tenants, including Old Town Pour House that is located next door. The biggest issue is safety, which has been addressed. As part of the special use petition, the outdoor dining area and the planter barriers would be constructed as submitted on the plans. The 582 square foot outdoor dining area with no more than 20 seats will be operated as follows: I. The barrier system will be custom made with concealed bollards, concrete planters, steel railings and will be similar in design with the interior finishes found within the restaurant. A permanent concrete block wall with a stone finish will be provided. It will meet or exceed the barricade standards required by the Village. 2. The 3-foot wide emergency egress gate will open out only. 3. The patio will contain a 3-foot ribbon gas fireplace with an access panel underneath through which the fireplace connects to a main gas line. There will also be an emergency disconnect lever. 4. There will be no signage or barriers placed in the outdoor patio. 5. The restaurant will be responsible for maintaining and cleaning the outdoor VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 7 of 12 October 21,2013 area and shall comply with all applicable requirements of the DuPage County Health Department. 6. A minimum, 9-foot wide sidewalk will be located adjacent to the outdoor dining area. 7. No live music, dancing or other outdoor entertainment will be permitted with the exception of background music that complies with the Village of Oak Brook sound standards and the Oakbrook Center tenant requirements. 8. Access to the outdoor dining area will be through the restaurant only. 9. Planters will be watertight with internal drainage to allow greenery and flowers. On behalf of Perry's he thanked the Commission for its time and consideration. Member Sheers raised concerns of the up lighting and its reflection off the clouds. M•. Kastendieck responded that it was a computer-generated rendition. He noted that the restaurant signage and lighting is below Neiman Marcus and the lighting will not extend any further than the wall. Member Jain said that he was a believer of outdoor seating and enjoys it very much. Ike said that the outdoor seating would add to the character of the area and with it meeting the safety standards, supported the request. Member Doyle questioned the measuring point for the outdoor speakers. Director of Community Development Kallien responded that as the Code is written it is measured from the property line or 25 feet from the sound source, however, in the Oakbrook Center tenant requirements that are more restrictive than our sound requirements; their measure is from tenant space to tenant space. Member Iyer questioned -whether the furniture would remain outside over the winter. He also questioned the hours the dining area would be open. Mr. Kastendieck responded that all of the freestanding furniture would be removed. He said that the hours would be the same as those of the restaurant. No one from the audience spoke in support of or in opposition to the request. Motion by Member Sheers, seconded by Member lyer 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 VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 8 of 12 October 21, 2013 area and 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 20 patrons may be provided in the outdoor dining area. b. No live music, dancing or other outdoor entertainment will be permitted with the exception of several outdoor speakers that will be located 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 Doyle, Iyer, Jain, Sheers, and Chairwoman Tropinski Absent: 2—Members Lal and Weiss Nays: 0—Motion Carried. 4. A. VILLAGE OF OAK BROOK — TEXT AMENDMENT — SIGN vos - TEXT REGULATIONS SIGN AMENDMENT - REGULATIONS Director of Community Development Kallien introduced Bill Hudson, Building Inspection Supervisor, supervises all of the inspectors and Building Code expert and he reviewed the portion of the housekeeping amendments. During the enforcement of the sign code over the last few years,we have found some issues. Bill Hudson said that he started using the reworked sign ordinance several years ago and found some textual things that have made enforcement interesting. There are places were the wording is unclear and for the most part the proposed changes were housekeeping items. He reviewed the existing text and proposed changes on page B of the case file,page by page. Member Sheers brought up his concern that proper English was not being used and he objected to the replacement of the word `must' with `shall.' Director of Community Development Kallien noted that the Trustees and Village Attorney would be made aware of those concerns. Some proposed changes were as follows: • Updating and encouraging the updating of sign faces without creating a burden on the business community. • Discussion on shall and must VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 9 of 12 October 21, 2013 • Typos were brought up and addressed. • Individually mounted channel letters that require a variation in order to install a sign. Some buildings are architecturally challenged, with glass buildings or architectural features that make it impossible to mount. • Violation of the code imitates code enforcement and possible fines. • Real estate sold signs/contract pending, prohibited per existing code. Sheers did not see anything wrong with a hanging sign indicating, pending contract, sold, etc. • Large real estate signs—for rent to require a permit • Signs painted on a wall is prohibited and 2-dimensional applications would be prohibited • Residential private sale signs — currently allowed on premises only — estate sales signs to funnel the public into the area of the property. Some homeowner associations allow the signs on their common property. • Garage sale signs not allowed on public ROW • Director of Community Development Kallien we try to minimize the small signs scattered throughout the community. • Standards added for temporary real estate signs, including maximum height • Nameplates do not require a permit but could be no more than 3 square feet Member Jain questioned if the Village had looked at any other suburbs sign regulations. Director of Community Development Kallien responded that five years ago, the consultant, Houseal and Lavigne, literally looked at least a dozen modern suburban communities and took the best provisions from those sign codes. Our sign code is good, however until you start working with it, you realize that it is not perfect and that is not our intent. It was originally designed to deal with some very specific issues, which it did very well and we are cleaning it up. Mr. Hudson noted that there is scientific evidence applied to building and figuring out spans, etc., but there is absolutely no scientific evidence to determine if a sign is too large or too small. It is a perception that reflects the values of the community. Director of Community Development Kallien noted that was the issue with MB Bank. The way that district was written, we are allowed to legislate taste, design and those aesthetic qualities. Each member has an opinion as to what that is. In regards to the sign everyone agreed that it needed to be changed,but could not come up with what was the right way. It is difficult. Director of Community Development Kallien reviewed pages 9-9.a of the case file. It was found that there was so much dedication made on the business side to make the commercial/office signs better there were a few holes in the code that were inadvertently not included. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 10 of 12 October 21, 2013 There is one property in Oak Brook zoned Institutional, which is the Bronswood cemetery, but there were not good signage provisions the way the code was written. He reviewed what made sense in the other districts and was consistent with what was there before allowing one monument sign to be 100 feet maximum, including setback provisions. This standard has been used in other districts to apply to that property. The CR District includes all Forest Preserve, Park District and the Sports Core and golf course property. They are open space properties and do not allow for commercial or residential use. The code currently states that governmental signs are exempt from the code, which has caused a lot of angst with banners, temporary signs, and things that are placed on ball field walls, etc. He is proposing that they be exempt, "with the exemption of permanent monument signs and temporary signs, which would be special events signs and sponsorship signs which would require a permit from the Village of Oak Brook and must meet all of the requirements the title." All of the properties are large and many have boundaries on multiple Village streets The challenge will be to figure out how it is managed to create some parameters to control extremes. Bill Lindeman provided a picture of Toyota Park, which looks like a walking billboard with multiple banners. Although, nothing similar to that could occur in Oak Brook, it does indicate what can happen if there are no rules. In the case file, a resident of Forest Gate provided comments on how they would like to see banners and temporary signs handled. The challenge would be to treat different governmental entities in different ways. The Park District, Forest Preserve and the Village must be treated the same. All have the same needs, all are governmental entities and all have substantial properties. Each entity is across from residential properties. Village Hall is across from Hunter Trails, the Park District is across from Forest Gate and the Forest Preserve is across from Briarwood. There are many instances where there is a common theme among the properties. We could never advocate imposing a different regulation on one or the other. Information was provided in the case file and a more level playing field is needed for what is allowed on governmental properties that may be extended out to other properties. We need to create an expectation as to how long it would be allowed, the maximum size, including how tall. Season long events may need a duration of time that they are allowed. Signage is a big deal in Oak Brook and is a very big deal to many businesses, due to marketing and identification. Many businesses have located here due to the signs they can have on the buildings. Motion by Chairwoman Tropinski, seconded by Member Iyer to continue the review of the Sign Regulations to the next Regular Plan Commission meeting. VOICE VOTE: Motion Carried. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 11 of 12 October 21,2013 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 Doyle to adjourn the meeting at 9:20 p.m. VOICE VOTE: Motion carried. ATTEST: /s/Robert L. Kallien, Jr. Director of Community Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 12 of 12 October 21,2013