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Minutes - 09/03/2013 - Zoning Board of Appeals MINUTES OF THE SEPTEMBER 3, 2013 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON OCTOBER 1,2013 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 7:01 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 Nimry, Alfred Savino, Steven Young and Wayne Ziemer IN ATTENDANCE: Mark Moy, Trustee and 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 August 6, 2013 Regular Zoning Board of Appeals meeting as written. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS IJNFINISIIED BUSINESS There was no unfinished 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 Chairman Davis announced the public hearing and reviewed the request. lie noted that the Plan Commission had reviewed the request at its meeting on August 19, 2013 and recommended approval by a vote of 4 to 1, subject to certain conditions. All witnesses were sworn in. Robin Jones, Director, Protein Bar presented the request. The space proposed VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 14 September 3,2013 for the outdoor dining area is the walkway between Protein liar and LA Fitness. The walkway is 17 feet wide and of that,they would occupy approximately five (5) feet. Details and photographs were provided in the case file. They proposed four (4) outdoor wood and aluminum patio tables that are heavily weighted along with twelve (12)wood and aluminum outdoor patio chairs that are also heavily weighted. The normal pedestrian traffic flow is in front of the building and 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 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 believed outdoor seating would be an enhancement to the complex at 2040 York Road and would provide the consumer with an inviting Al fresco dining experience. They viewed the outdoor seating area as a benefit to the public and it would provide a sale outdoor gathering place away from the primary flow of traffic. They have had many requests from customers regarding an outdoor area and believe the proposed area will fulfill their desires as well as meet any and all public health and safety concerns. Chairman Davis noted that the Plan Commission recommended the special use by a vote of 4 to 1, subject to certain conditions as contained in the case file. Director of Commodity Development ICallien rioted that the size of the patio approved by the Plan Commission was the same size as shown on the revised 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; Protein bar is proposing an outdoor patio dining area for the benefit of the public and the property at 2040 York Road. The patio will be located on the secondary public walkway adjacent to the store front and parking lot. The outdoor seating will not interfere with primary foot traffic of the property. The proposed outdoor patio dining area will provide additional value as well as a safe gathering environment for public use. 2. Is so designed, located and proposed to be operated that the public health,safety and welfare will be protected; VILLAGE OF OAK BROOD Zoning Board of Appeals Minutes Page'2 of 14 September 3, 2013 RESPONSE: The proposed outdoor patio dining area is located on a secondary pedestrian walkway at 2040 York Road. The 17-foot wide walkway is on the side of the building and does not come in contact with the primary foot traffic in fiont of the complex. This area is set back from vehicle traffic and the parking lot. They see the proposed outdoor seating area as a benefit to the public. Protein Bar customers are regularly inquiring about an outdoor seating area. This space would promote a public gathering away from the front of the complex and parking lot, which in turn, would create a safe area for outdoor dining. Lighting on the buildings as well as along the walkway will keep the patio well lit and visible in the evenings for added safety. All patio furniture will be removed from the walkway on a nightly basis and no umbrellas will be used. Protein Bar employees will monitor the patio area on a regular basis keeping it clean and debris free. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. RESPONSE: The proposed outdoor patio area will provide an additional value to the restaurant property at 2040 York Road, The outdoor patio will draw a larger customer base by providing an attractive outdoor seating atmosphere. They see the proposed outdoor seating area as a benefit to the public and the surrounding properties that have been seeking a patio option. The patio space would promote a safe outdoor gathering area away from the parking lot. The addition of an outdoor patio area has been highly supported by the surrounding businesses,LA fitness and Jason's Deli. Member Young asked whether music would be played on the outside. Ms. Jones responded there would not. Member Young asked if bicycles or any other smaller vehicle where bollards would be required. Ms. Jones responded that there is a handicapped space located there, that if it should go forward would hit the wall and the pedestrians would be adequately protected. Chairman Davis noted that certain conditions on page and 7.a and 7.b of the case file were recommended by the Plan Commission and asked the applicant if they agreed to those conditions if approved. The applicant agreed to all conditions. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 14 September 3, 2013 Member Savino questioned where a waste container would be kept and asked whether it would be removed in the evening. Ms. Jones responded that a waste receptacle is located by the walkway near the door and is anchored to the ground Chairman Davis confirmed that there would not be outside service. Member Nimry asked if the tables could be moved side by side that would potentially block the walkway. Ms. Jones responded that they would monitor the patio area. Member Ziemer raised concerns regarding the handicapped parking space proximity to the proposed outdoor dining area. He noted that should someone inadvertently hit the gas instead of the brake, which has happened in some cases, and that an easy fix would be to add a planter in order to provide extra protection to the patrons. Jim D''Amico, The John Buck Company, representing ownership and property manager responded that they have agreed to commit to bollards or a planter that would be in line with the building to provide the extra protection. Member Young asked whether any outside music would be used and the hours the restaurant would operate. Mr. Jones responded that there would not be any outside music provided. No one from the audience spoke in support of or in opposition to the request. Chairman Davis said that the standards in support of the special use had been satisfied in writing and in testimony. Motion by Member Young, seconded by Member Ziemer 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 the following conditions: 1. The development of the outdoor dining area shall be in substantial conformance with the plans as submitted and approved and set up of the tables and chairs are to be used and maintained as shown on page L of the case file. 2. A perimeter planter/barrier will be permanently located in line with the building in front of the ADA accessible parking space providing VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 14 September 3, 2013 additional protection to the patrons of 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 tnaximurn of four (4) tables with 12 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: 7 — Members Bulin, Cappetta, Nimry, Young, Savino, Ziemer and Chairman Davis Nays: 0 Absent: 0 — Motion carried. 5 B. ROTI MEDITERRANEAN GRILL — 2109 CLEARWATER DRIVE — R(YrI MEDITER,, SPECIAL USE — OUTDOOR DINING AREA ADJACENT TO A CLEARWATER io9 RESTAURANT SPECIAL usL OUTDOOR DFNrNG Chairman Davis announced the public hearing and reviewed the request. All witnesses were sworn in. The applicants were Jason Dolan, Red Architecture and Planning, on behalf of the applicant Roti Mediterranean Grill, Nick Waeltz, Roti Mediterranean Grill and Jim D'Amico, The John Buck Company. Mr. Dolan reviewed the request and said that they were seeking approval of a special use at 2109 Clearwater Drive for an outdoor dining area adjacent to the restaurant in the Clearwater development. The patio seating was proposed to be oil x 200 square foot concrete pad located directly to the south of the restaurant storefront and along the sidewalk. There are ADA parking spaces on either:side and no vehicles would be able to park 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 traffic in the parking lot and a light pole. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 14 September 3, 2013 The owner had also agreed to provide planters in front of the outdoor dining area to provide additional protection. Roti would be responsible for maintaining and cleaning the outdoor area and would meet all applicable requirements of the DuPage County Health Department and conditions previously set forth by the Plan Cominission. Chairman Davis noted that the Plan Commission recommended approval of the special use by a vote of S to 0, subject to certain conditions as contained in the case file. M'. Dolan addressed the special use standards as follows: 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: The patio is not deemed necessary but Roti believes that it would enhance the area and would be a convenience for the public. 2. Is so designed, located and proposed to be operated that the public health,safety and welfare will be protected; RESPONSE: The designed patio railing would be anchored into the concrete and would surround the seating field on three sides that face the driveway. A light pole and seven 6-inch round bollards protect the front, sides, and corners where vehicular traffic is the biggest concern. The bollards will be set in a concrete foundation that extends to depths as required by code. The patio is also located between two striped walkways that are adjoining accessible parking spaces so no cars would be parking directly adjacent to the patio. Ownership has also agreed to install weighted and anchored planters for additional security to be located on the south side of the patio. 3. Would not cause substantial injury to the value of other property in the neighborhood in which it is located. RESPONSE: Roti has seventeen locations in four states and the District of Columbia and only a few do not have patios because of space constraints. Outdoor dining has consistently proven to enhance the customer experiences and has added pedestrian interaction in the neighborhoods they inhabit. Based on observed examples of other Roti patios, customers take full advantage of outdoor dining and it adds a sense of community to the restaurant. VIhLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 14 September 3, 2013 ter; Member Nimry questioned, why the bollards were not incorporated with the railing so that it would not be so cluttered and would provide extra space. Jim D'Amico The John Buck Company responded that the railings and tables are removed over the winter and only the bollards would remain. Chairman Davis questioned the number of seats that would be located on the patio. Mr. Dolan responded that there would be 16 seats with seven tables. Chairman Davis noted that certain conditions on page 7.a and 7.b of the case file were recommended by the Plan Commission and asked the applicant if they agreed to those conditions if approved. Tile applicant agreed to all conditions. Member Young asked whether any outside music would be used. Mr. Waeltz responded that they open at 10:30 a.m., but at this time they did not know what the closing hours would be, but the other suburban locations are typically open until 8-9 p.m, No music outside is planned. They anticipate opening September 28. Chairman Davis noted that in the Plan Commission recommendation (page 9.a and 9.b) a condition was added that the owner would consider adding planters on the patio exterior to provide additional protection. Mr. Dolan, on behalf of the applicant agreed to the added conditions. Mr. Ziemer questioned the height of the light pole and the direction of the Eight because it seems that it may be like a beacon. Mr. D'Amico responded that the light pole height is 16 feet, the same as for Chipotle. The fixture is a cone shape and was selected because it is not a big beacon. Member Young noted that there still could be reflectivity off the windows. Mr, D''Arnico responded that it could, but the light fixture itself is not very bright. VILLAGE, OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 14 September 3,2013 Chairman Davis questioned if the property to the west had yet been leased. Mr. D'Amico noted that Chipotle was located to the east and a potential tenant would be located to the west. No one from the audience spoke in support of or in opposition to the request. Chairman Davis said that it appeared the standards in support of the special use had been addressed and the applicant agreed to the six conditions. Member Savino suggested that a condition be added that no music be allowed outside. Member Cappetta questioned if the condition were not added would they need to request it.., Director of Community Development Kallien responded that by including it as a condition to the special use, if anything changed, then it would need to be amended. McDonald's on 22"d Street has speakers in the bushes that have very low intensity music being played, which you almost need to try to hear, which is not objectionable. The issue has been background music, which is meant to be part of the ambience versus live music or louder music such as what occurred at the Grotto. It is not necessarily a bad thing if it fits with the space and environment. Member Savino noted that the concern was how the music would affect the businesses next door. The applicant agreed to the condition. Motion by Member Young, seconded by Member Ziemer 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 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 add a permanent planter/barrier to be located in line with the building in front of the ADA accessible space providing additional protection to the patrons of the outdoor dining area. 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. VILLAGE OF OAK BROOD Zoning Board of Appeals Minutes Page 8 of 14 September 3, 2013 4. The outdoor dining areas 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. b. No hive or piped in music is allowed. 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. 5 C. OLD TOWN POUR HOUSE - 8 OAKBROOK CENTER - SPECIAL OLD POUR x Use: - a USE-OUTDOOR DINING AREA ADJACENT TO A RESTAURANT oHc - ou'rDoox DINING Chairman Davis announced the public hearing and reviewed the request. All witnesses were sworn in. Majdi Hijazin, Attorney for the Bottleneck Management Group in the special use request to operate an outdoor dining area at the Old Town Pour House restaurant to be located at 8 Oakbrook Center. He introduced Nathan Hilding, co-owner of Bottleneck Management, Chris Bisaillon, co-owner of Bottleneck Management, 'Tristan Dacre, Architect, Dacre and Youngquist, LLC, and Chuck-Fleming, General 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 best outdoor dining restaurants in the Diners Choice Magazine and 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 in November, at the same time they are and Oakbrook Center provided its written approval included in the case file. VILLAGE OF OAK BROOD Zoning,Board of Appeals Minutes Page 9 of 14 September 3, 2013 The number one issue was that of safety, which has been addressed. There were some minor 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 of the Village. They are seeking a capacity of 72 seats"in the outdoor dining area. 'There will be 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.. Permanent concrete with block wall and stone finish would be provided and would meet or exceed the barricade standards approved by village ordinance. There will be a 3-foot wide emergency egress gate that would open out only from the outdoor dining area. The restaurant would be responsible for maintaining and cleaning the outdoor dining area and comply with all applicable requirements of the DuPage County Health Department. A minimum 9-foot wide sidewalk area would be maintained at all times: There will be no live music or dancing or other entertainment in the area except for permanent flat screen televisions. They would like to have some outdoor music on the patio. They would comply with all sound ordinances and the music would be localized to the patio area only. Access to the outdoor dining area would be through the restaurant only. There would be water tight planters. Member Young questioned the exception to allow music on the patio and if allowed would need to be in substantial conformance to the Noise Ordinance and questioned this condition not being part of the Plan Commission conditions. Director of Cornnlunity Development Kallien responded that the Zoning Board could hake a recommendation accepting the conditions by the Plan Commission and to either modify or add its own conditions and has the right to accept changes. Mr. Hijazin responded that there would not be any live music or dancing. Chairman Davis asked Mr. Chuck Fleming, Oakbrook Center Management, if there was any piped in music at the other outdoor dining areas at Oakbrook Center and whether there were any problems. Mr. Fleming responded that they do and are allowed to have music and there have not been any problems. He added that in each tenant's lease there is language that prohibits sound to emanate from one tenant to another. He noted VILLAGE OF OAK BROOD Zoning Board of Appeals Minutes Page 10 of 14 September 3, 2013 1 that the Village is well protected with the sound ordinance, which is what they use to govern their lease language. The closest tenant is Perry's Steakhouse, which is also under construction and directly above the applicant is the Neiman Marcus store. This applicant, Old Town Pour House and Perry's Steakhouse have been in communication with one another and are very well aware of each other's outdoor seating plans and knew that they would both be seeking a petition with the Village for outdoor dining. Member Nirn y noted that there is always a problem with parking in that area and asked what would happen with new restaurants being added. Mr. Fleming responded that they are addressing the issue in several ways. Both restaurants will have valet parking. They have a permit under review in the building department to add a sidewalk stairwell that will connect the upper level of the Neiman Marcus parking lot with the lower lot, which will provide a lot more access. They will hopefully have approval soon and it would be built prior to the opening of these two restaurants. Mr. Hijazin addressed the special use standards as follows: Special Use Standards Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; RESPONSE: L The dining area will be in substantial accordance to the floor plan as submitted and as part of the Special Use petition documents included herein; 2. The perimeter planter/barrier will be constructed in accordance with the plans submitted as pant of the Special Use petition documents included herein; 3. The dining area will be operated in accordance with the rules of operations submitted. Mr. Hijazin noted that he had reviewed these standards during his presentation and in writing in the case file and that the outdoor dining area will be operated so that the public health, safety and welfare would be protected. Member Ziemer questioned the emergency egress gate and the ability for someone to reach over and open it to gain access. He questioned whether VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 11 of 14 September 3, 2013 patrons would be allowed to leave the patio through the gate and perhaps add an alarm to the gate? Mr. Dacre responded that it would be possible for someone to leave the patio through the gate. However, the patio would be monitored all the time and there would be cameras. IIe noted that patrons would be directed to leave through the restaurant not the gate. Mr. Fleming said that what they are designing is similar to what they have in all of the other restaurants at Oakbrook Center and they have not encountered problems with people reaching over the gate to leave or to gain access. You want to provide easy access out if there would be an emergency. If the restaurant monitors it properly, all of the traffic in and out should be through the restaurant. Once in a while you might have someone that may sneak out, but generally it has not been a problem. It seems to work everywhere else. Chairman Davis suggested the change in the conditions to include background music. Member Young agreed and suggested it meet the sound ordinance. Member Bulin questioned whether additional trees would be added when the mature trees are removed for the exterior access planned. Mr. Fleming responded that they were looking at how to add lighting and landscape design around the stairwell being careful not to block the view from 1 the people on top or from the upper level to be able t 0 look down. They would like to be able to incorporate that into the stairwell. No one from the audience spoke in support of or in opposition to the request. Chairman Davis said that it appeared the standards in support of the special use had been addressed and the applicant agreed to all of the conditions discussed. Motion by Member Young, seconded by Member Nimry 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 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 VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 12 of 14 September 3, 2013 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 outdoor dining area. b. 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 Shopping Center tenant requirements and 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. 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, Nimry, Young, Savino, Ziemer and Chairman Davis Nays: 0 — Absent: 0 — Motion carried. 6. OTHER BUSINESS OTHER sUSTNESS Jim D'Amico, The John Buck Company agreed to stay to discuss the Clearwater Development landscaping. Member Bulin said that the approved site plan was provided and some of the development did not occur. He noted that with the absence of the hotel and parking garage that it appears-some landscaping may not meet the Village Code in regards to green space and island space. He also indicated that the screening was not implemented along York Road and some canopy trees are missing by the Protein Bar. Director of Community Development Kallien said that they had requested a relief to some of the screening requirements. What was approved by the Village Board is representative of the approved site plan minus the parking deck. Mr. D'Amico recognized that the 6-year old site plan is out of date and advised that he commissioned the landscaper to take account as to what is there on the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 13 of 14 September 3,2013 site and what is needed. He acknowledged that they were short, particularly on the west end and have committed that once the end tenant on Pad 2 is in they would dress up the area too. Member Bulin noted that without the parking deck and other changes, things have evolved there is now a lot of surface parking and some plantings things may have to be added. Director of Community Development Kallien noted that there would be a number of opportunities to work. with them and on some of the elements. He also noted that there were amendments approved by the Board. The Clearwater project went through great difficulty. There was a grand plan, then the economy went sour and they have done reasonably well to keep the project together and have reached out to a wide range of tenants for the vacant spaces. Mr. D'Amico said that they would do an assessment of what is there and options that he would submit to the Village. Member Savino questioned why they would be relieved of screening along York Road because there are many cars parked there. Director of Community Development Kallien responded that he would review the ordinance for deficiencies. Director of Community Development Kallien reviewed the upcoming cases, including signage that is under review by the Plan Commission. There was no other business to discuss. 7. ADJOURNMENT: ADJOURNMENT Motion by Member Young, seconded by Member Bulin to adjourn the meeting at 8:13 p.m. VOICE VOTE: Motion carried ATTEST: /s/Robert L. Kallien,Jr. Robert Kallien,Director of Community Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 14 of 14 September 3, 2013