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Minutes - 08/06/2013 - Zoning Board of Appeals MINUTES OF THE AUGUST 6, 2013 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON SEPTEMBER 3, 2013 1. CALL TO ORDER: CALL TO ORDER The Meeting of the Zoning Board of Appeals was called to order by Chairman Champ Davis in the Samuel E. Dean Board Room of the Butler Government Center at 7:02 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Natalie Cappetta, Baker Niniry, Alfred Savino, Steven Young and Wayne Ziemer IN ATTENDANCE: Robert Kallien,Jr., Director of Community Development 3. APPROVAL OF MINUTES: MINUTES Motion by Member Young, seconded by Member Nimry to approve the minutes of the May 7, 2013 Regular Zoning Board of Appeals 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. CHIPOTLE MEXICAN GRILL — 2103 CLEARWATER DRIVE CIIIPOTLE - 2103 CLEARWATER DR SPECIAL USE — OUTDOOR DINING ADJACENT TO A - SPECIAL USE - RESTAURANT OUTDOOR DINING Chairman Davis announced the public hearing and reviewed the request. He noted that the Plan Commission reviewed the request at its July meeting and recommended approval by a vote of 6 to 0, subject to certain conditions. All witnesses were sworn in. Chairman Davis noted that several changes had been made to the proposed plans and asked that the most recent plan be addressed. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 11 August 6, 2013 Jon Buerg, Project Manager, Wilkus Architects introduced Jim Stadleman, Real Estate Manager 'for Chipotle and Jim D'Amico, Vice President, Construction Development for The John Buck Company. He said that they had been working on the Chipotle project for the last couple of years and the restaurant is under construction. Chipotle likes to offer the outdoor patio dining component whenever possible. This proposal is to have the patio located on a widened sidewalk just in front of the restaurant entrance. He provided an overview of the plans as to how they have gotten to the plan presently in front of the Zoning Board. During the review of the proposal with Village staff questions were raised regarding the walkway from the parking lot to the building that Chipotle would occupy. Staff allowed the submittal of an alternative plan that addressed the crosswalk curbs and ramps that would be required and would take additional space on the sidewalk that would impact tile patio area. Since the Plan Commission meeting, The John Buck Company came to an agreement on the crosswalk alignment and is included in the present plan dated July 25, 2013. This is the plan under consideration by the Zoning Board. The patio was narrowed tip and moved westward in order to accommodate the revised crosswalk. The patio will seat 12 patrons. The patio is enclosed on the south, west and east side by a combination of ornamental steel railing and steel planter boxes. Outside the perimeter are steel bollards on the south, west and east side to help protect the patio from vehicular intrusion. There are drive aisles in front of the restaurant and parking spaces located to the west. The patio is open on the north side, which faces the restaurant and where customers will access the patio. Inside the patio are powdered coated steel tables and chairs. There will also be a couple of aluminum umbrellas with a canvas canopy. There are trash enclosures and recycle containers located by the entrance door to the restaurant. The patio area will be available during the same hours as the restaurant and will operate seasonal in nature, They will try to have it ready as early in the Spring as possible, weather permitting and as late as possible in the Fall Chairman Davis questioned the plan approved by the Plan Commission. Mr. Buerg responded that they approved the patio layout with the condition that additional bollards be included along the west side of the patio, and with tile final crosswalk alignment. Director of Community Development Kallien noted that the size of the patio approved by the Plan Commission was the same size as shown on the revised VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 11 August 6, 2013 plan presented at this hearing. There were some minor reconfigurations due to the ancillary issues. Special Use Standards 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location. RESPONSE: As an outdoor patio dining area that is a part of a restaurant that is open to the public, the proposed special use complies with 13-14-9 subsection A-f. The patio is a convenience to those members of the public that wish to dine at the restaurant as well. 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; RESPONSE: They have provide additional protection with the bollards and site lighting on the building and to the south of the patio, which provide vehicle intrusion protection and illumination for safety in the evening. 3. Would not cause substantial injury to the value of other property in the neighbor=hood in which it is located. RESPONSE: They feel the patio is going to be a valuable addition to the center and will introduce a pedestrian element and enliven the south side of the property and welcome activity and atmosphere along the front of the property as well. Chairman Davis reviewed the conditions recommended by staff and the Plan Commission. The applicant agreed to all conditions. Director of Community Development Kallien noted that they also agreed to the condition that alcohol would not be served on the patio. Mr. Stadleman responded that they do serve alcohol at their restaurants, but it represents only 2 percent of their`sales. They will serve it indoors, but would not serve it outdoors. Member Savino questioned whether there are usually seasonal timeframes allowed for the use of the outdoor dining area. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 11 August 6,2013 ie. Director of Community Development Kallien said that those provisions had been eliminated. The first requests were at the Oakbrook Center where the outdoor dining areas were taken down for the winter due to snow removal and maintenance. Over the years, many other outdoor dining areas have been approved. Along with our Midwest weather, different locations did not have the constraints that existed at the Oakbrook Center. The hardship that the seasonal timeframe.limitations created were eliminated and it was left up to the ownership of the individual shopping centers. Member Savino questioned the Plan Commission recommendation that no alcohol be served. Director of Community Development Kallien responded that the outdoor dining areas such as for Gibson or Maggiano's have controlled access from within the restaurant. Patrons are served beverages and food directly to their table. In this situation that does not exist due to the layout and the applicant agreed to the alcohol provisions. Member Bulin questioned the type of plantings. Mr. Bueg responded that they did not have a plant list, but they are usually perennials. He also noted that the change in the crosswalk was also attributed to accommodating a landscape island. Member Bulin noted that the original Clearwater Plan had numerous planting islands that are not on the plan and perhaps more should be added. Mr. D"Amico responded that with the building and sidewalk there was not a place to install additional plantings without removing parking. He acknowledged that the landscaping had not been finished around the building, as they are anticipating a tenant at the far west end. Member Young suggested that the bollards could be removed and replaced with planters that are anti-vehicle barriers and provide more landscaping. Director of Community Development: Kallien noted that in a very small space the applicant has tried to provide an amenity and protection along with some minimal landscaping with flowers and planter boxes. He suggested that when the west: end unit comes in landscaping should be addressed, which is where space is available. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 11 August 6 2013 Mr. D'Amico agreed and said that they were aware that a ,lot of landscaping needs to be replaced. Director of Community Development Kallien added that taking away parking spaces would not be a wise thing because there have already been complaints regarding the lack of parking in Clearwater and:there are a number of buildings yet to be built. No one from the audience spoke in support of or in opposition to the request. Motion by Member Young, seconded by Member Nimry that the applicant had met the standards required to recommend approval of the variation to allow an additional 51 parking spaces in the required front yard, for a total of 75 spaces as requested subject to 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 perimeter planter/barriers will be permanent and constructed in accordance with the plans submitted. 3. The restaurant will be responsible for maintaining and cleaning the outdoor areas and shall comply with all applicable requirements of the DuPage County Health Department. 4. The outdoor dining areas will be operated in accordance with the following rifles of operation: a. A maximum of 12 seats may be provided in the outdoor dining area, b. Alcohol is not to be served in the'outside patio area. 5. Comply with all other applicable rules and ordinances of the Village of Oak Brook. 6. 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: 7 — Members Bulin, Cappetta, Nirnry, Young, Savino, Ziemer and Chairman Davis Nays: 0 Absent: 0 — Motion carried. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 11 August 6, 2013 I _.L 4. UNFINISHED BUSINESS UNFINISHED BUSINESS A. VILLAGE OF OAK BROOK — TEXT AMENDMENT — FENCE VILLAGE or OAK BROOK - TEXT REGULATIONS AMENDMENT - FENCE BEGS Chairman Davis announced the continuance of the public hearing. Director of Community Development Kallien provided an update on the fence issue. From an historical perspective, Oak Brook has one of the most restrictive fence regulations of any Municipality, Fencing is allowed, but only 42-inches in height and must be 50 percent open, and chain-link is no longer allowed. It is a very high duality fence and ends up being almost ornamental in nature. Fences around pools are allowed to be taller because of the building code requirements. Over tinge, the Village has issued many permits and staff prepared an analysis of what exists in the permit system. Over 400 permits have been issued for perimeter fencing around a lot, fencing around a pool, or a combination that goes around both. However,that is not a guarantee that these are all of the fences that exist in Oak Brook, those are ones that were identified and permits were found. There are other fences out there, especially in the Fullersburg Woods area where things have been for a long time, similar to the fence around the cemetery that has existed for 60-70 years; There has been a long standing issue of fences. Oak Brook has very restrictive rules. Some subdivisions embrace fencing and other subdivisions do not like them at all, while some try to keep them to a minimum. There is not a subdivision in town that does not have some type of fencing in or around it. This proposal was precipitated by the Village Board, when a couple of years ago there were two variations that requested 48-inch high fences instead of the 42-inch high maximum. The trustees recommended that we add six-inches to the fence in order to create a more uniform standard, which is the reason this matter is before the Zoning Board. He noted that Member Nimry suggested doing away with fences. Some subdivisions do not like,fences and when the village receives a pei-rnit meeting the standards; it must be issued, even though the subdivision may have a covenant prohibiting them;, which has created an occasional conflict over the years. There are a lot of people in town with fences and they have them for a variety of reasons. Some have them because of children and dogs. Some like thein VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 1 I August 6, 2013 Pte,' because it enhances their property and it provides status for others. If the village went backwards and said that fences were only allowed if there were a pool, it would create a hardship for some people and may make some people not want to locate in Oak Brook, which is contrary to the Village Board initiative to bring younger families into Oak Brook, slowing the aging population; and try to become a younger community, which would become more vibrant when children are brought back. Member Nimry said that Oak Brook is different than other communities and the fences would make it look like any other town. Director of Community Development Kallien noted that the first ordinance was approved in 1966. All of the people on the board at that time, with Paul Butler behind the scenes and intimately involved in everything being done and in essence created the standard of minimal fencing. Oak Brook does not allow solid fencing like other towns. Where Mr. Kallien resides every property has solid fencing in the backyard and you cannot see your next door neighbor's property. In 1966, it was found that solid fencing was allowed around patios and terraces. In 1989, the ordinance changed and the word `solid' was removed. There are fences out there that we approved for 23 years and people accepted that. In all of Paul Butler's materials and in the materials he used to tnarket the community he talked about the fencing and the open low profile fencing. Member Cappetta noted that Paul Butler had fences around all of his property. They were wooden and there are still some down in Fullersburg Director of Community Development Kallien noted that in '1966, wrought iron fencing was probably not around; there was split rail, picket or chain-link fencing. There was a lot of ugly chain-link fences put up, which still exist in some of the older pants of town. Director of Community Development Kallien asked that the data be reviewed by the members. There will be a discussion with the homeowner associations so that they can weigh in. The meetings are well attended and the larger subdivisions are well represented. Chairman Davis said that enough notice should be given, because it is an important issue. Member Nimry raised concerns that fences could start popping up everywhere in Trinity Lakes. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 11 August 6,2013 Chairman Davis questioned why this would slake a change in the subdivision and why they have not been built as yet. Member Nimry said that they have residents who want fences because they have dogs and the association has refused. Their covenants do not allow fences, so it is a constant fight because the village would approve it,but they do not. Chairman Davis noted that by changing the ordinance from 42-inch to 48-inch high fences would not change anything in their subdivision. Member Nimry felt that fences were destroying the image of Oak Brook, which is different from other communities, such as Westmont and Downers Grove and open space is part of that image. Director of Community Development Kallien said that Oak Brook does not have any potential to look like Westmont because solid and tall fences are not allowed. We allow very expensive fences and some properties put in hundreds of thousands of dollars on their fences. The reality is that some people use fencing as an architectural statement for their house and the houses are not getting smaller. Despite what is being reported about the economy the Village has seen many teardowns-and the new houses being built are much larger. Member Young said that people get creative using landscaping as a fence, when enough bushes are used, to create a fence. Member Cappetta agreed that in some subdivisions fences do not look appropriate, but that is not village-wide. She suggested that the ordinance be tightened stating that fences are allowed if they do not conflict with the homeowner association,then it would become an enforcement issue. Director of Community Development Kallien responded that over the years various Village attorneys have determined that the Village cannot enforce subdivision covenants. Ira one subdivision they like fences and in the one next to it they do not, that creates a double standard, even though the zoning, the houses and the property is the same. He would caution the Village's ability to write an ordinance that you can have a fence, etc., as long as your homeowners association allows it. Those are not the Village rules, York Woods did have rules and now they no longer have their and are trying to get them back. These covenants exist on a deed and when the property is purchased they know what the rules are. VILLAGE OF OAK BROOD. Zoning Board of Appeals Minutes Page 8 of 1 l August 6, 2013 Member Savino noted that subdivision covenants cover alot of different things. York Woods had an Architectural Review Committee and samples of materials had to be approved. The Village ordinance is general and if the subdivisions want to be More restrictive and ban fences they can do what they want within their covenants. Director of Community Development Kallien agreed. It puts the subdivision and the Village potentially at odds. An owner could ignore the covenants and seek a fence permit that meets the requirements of the Village and receive a permit, and then it becomes the subdivisions issue to enforce its covenants. Member Cappetta said that if the associations want covenants different from the Village it is their responsibility to enforce them. Member Savino said that there had been an understanding, that if plans were changed from what had been approved by the association the Village would` notify the association. Member Nimry noted that he did not have an issue and that the communication was good with the Village. Director of Community Development Kallien said that if there is a sign off from the homeowners association and something changes dramatically, it is stopped and they are told to go back to the association. A set of drawings can be approved and if they decide to change the style of a window or modify the brick, then the Village would rely on the homeowner association, since that would be an aesthetic issue. Member: Cappetta noted that the fence issue, which ended up in court with Harry Peters was that the fence had been there for years and no one complained and the association did nothing. Director of'Community Development Kallien said that there were two cases with special circumstances. Both cases were very similar; one everyone seemed to be in favor of and one had other issues with controversy. At the end of the day, if there are going to be fences, changes need to be made, regardless. The rules basically say 42-inches high and 50 percent open. Many of the things that went through and recommended by the Plan Commission are needed. Member Cappetta said that she did not have a problem with a 42-inch high fence, which keeps it to a decorative fence. If a 48-inch high fence is desired then they must come to the village with a reason, which is a compromise with VILLAGE OF OAK BROOD Zoning Board of Appeals Minutes Page 9 of 11 August 6,2013 not allowing fences. Chairman Davis noted that most fence requests have been denied. Member Nirmy said that this request came from the Village Board, which could override the recommendation. Director of Community Development Kallien noted that the request came from the Trustees seeking to amend the code to increase the size of fences from 42 to 48 inches and to provide clarity to the regulations. If the number is changed to allow only a 36-inch high fence, which is less than the current 42 inches then the legal notice would need to be noticed again.in the newspaper. Member Young noted that in the earlier discussions it was stated that by having a nonstandard height fence (42-inches) there was an increase in the cost of the fence. He also added that there should be difference noted between a residential fence and some other type of fence so that ASTM has a standard in place for material and height for sport fences. Member Cappetta asked if there was an exception for sport court fences. Director of Community Development Kallien noted that there had always been unwritten rules that fences around tennis courts and sport courts are allowed a different type of fencing and there was never really a standard for them. Director of Community Development Kallien said that he would like comments from the homeowners association and report back. There are subdivisions that do not have a formal association, so those also need to be factored in. There was a poll of the members to continue the public hearing to allow time for meetings,to be held to meet with the homeowner associations and homeowners regarding the fence issue. Motion by Member Young, seconded by Member Z,ielner to continue the public hearing to the Regular Zoning Board of Appeals meeting in October to allow potential meetings with Mr. Kallien and homeowners associations and whoever else might attend to have further discussions about the fence regulations. VOICE VOTE: Motion carried 6. OTHER BUSINESS OTHER BUSINESS Grail Polanek,Planning Technician reviewed the upcoming cases. VILLAGE Or OAK BROOK Zoning Board of Appeals Minutes Page 10 of 11 August 6,2013 Director of Community Development Kallien provided an update of construction and development in the Village. There was no other business to discuss. 7. ADJOURNMENT: ADJOURNMENT Motion by Member Young, seconded by Member Savino to adjourn the meeting at 8:16 p.m. VOICE VOTE: Motion carried ATTEST: /s/Robert L. Kallien, Jr. Robert Kallien, Director of Community Development Secretary VILLAGE OF OAK BROOD Zoning Board of Appeals Minutes Page I 1 of 11 August 6,2013