REGULAR MEETING - DOC 6

Document Sample
REGULAR MEETING - DOC 6 Powered By Docstoc
					              PLAN COMMISSION/ZONING BOARD OF APPEALS

                             VILLAGE OF BURR RIDGE

                     MINUTES FOR REGULAR MEETING OF

                                     MAY 17, 2010

I.     ROLL CALL

The Regular Meeting of the Plan Commission/Zoning Board of Appeals was called to
order at 7:30 P.M. at the Village Hall, 7660 County Line Road, Burr Ridge, Illinois, by
Vice-Chairman Cronin.

ROLL CALL was noted as follows:
PRESENT: 6 - Cronin, Franzese, Bolos, Manieri, Perri, and Stratis
ABSENT:       1 - Trzupek
Also present was Community Development Director Doug Pollock.

II.    APPROVAL OF PRIOR MEETING MINUTES

Commissioner Cronin noted that Chairman Trzupek was absent and as Vice-Chairman,
he would be running the meeting.

A MOTION was made by Commissioner Franzese and SECONDED by Commissioner
Bolos to approve minutes of the April 5, 2010 Plan Commission Meeting.

ROLL CALL VOTE was as follows:
AYES:     4 - Franzese, Bolos, Cronin, and Manieri
NAYS:     0 - None
ABSTAIN: 2 - Stratis and Perri
MOTION CARRIED by a vote of 4-0.

III.   PUBLIC HEARINGS

A.     Z-03-2010: 200 Burr Ridge Parkway (Dao Sushi & Thai Restaurant); Special
       Use and Findings of Fact

Mr. Pollock described the petitioner’s request as follows: The petitioner owns an existing
restaurant in County Line Square and requests special use approvals to allow an outdoor
dining area and to extend the hours of operation to 1:00 am Thursday through Saturday.
The outdoor dining area would be located on the sidewalk in front of the restaurant. The
restaurant currently is approved to be open until 11 pm.

The petitioner was represented by an architect, Mr. Nick Scarlatis. Mr. Scarlatis said that
outdoor dining was critical to the success of restaurants in the suburbs. He said the
outdoor dining would bring additional traffic to the area and additional revenue for the
restaurant and for the Village. He added that the extension of the hours was consistent
05/17/2010 Regular Meeting
Plan Commission/Zoning Board Minutes
Page 2 of 9

with other restaurants in the area. He said the patio furniture and enclosure would not be
permanent and could be removed during the winter season.

Vice-Chairman Cronin asked the audience for comments.

Ms. Magdalena Kolosa, 303 Ambriance!, stated that she objected to the extension of the
hours of operation because she already has problems with noise from County Line Square
during the night. She said that deliveries and garbage collection occur during the night
and it conflicts with her enjoyment of her residence. She said she is also concerned about
late night bar activity in the neighborhood but that she has no problem with the outdoor
seating.

Ms. Cynthia Fernandez, 304 Ambriance!, said that she shares the same concerns. She
presented a stack of petitions signed by residents of Ambriance! objecting to the
extension of the hours.

Mr. Barry Dujlovich, 8200 Lake Ridge Drive, stated that he is a 22 year resident of Burr
Ridge and that he supports the petitioner’s request. He said that more activity is needed
in the area and that the Village needs to be more open to business expansion.

Mr. Rick Maholik, 850 Village Center Drive, Unit 414, asked about precedent and if the
Village had regulations pertaining to behavior of customers coming and going from
restaurants and bars. Mr. Pollock responded that each restaurant required separate
approval for outdoor dining and that the Village enforces its public loitering and public
disorderly conduct codes.

Mr. Pollock added that in all business districts, businesses are not permitted to conduct
loading, garbage pickup or any other business activity between the hours of 10 pm and 7
am. He encouraged the residents to call the Police when such activity occurs. He said
this had been done before by residents in other locations and proven to be effective.

Vice-Chairman Cronin asked for comments from the Plan Commission.

Mr. Pollock said that Chairman Trzupek called and asked him to relay his comments. He
said that Chairman Trzupek supported the special use requests but wanted the petitioner
to address the structural support for the awning.

Commissioner Franzese asked about the south wall and the adjacent store front. He
suggested that the outdoor seating area should not be adjacent to another storefront. Mr.
Scarlatis said that he would modify the layout accordingly.

Commissioner Franzese asked if the seats and tables were consistent with the approved
seats and tables for the other sidewalk sitting areas in County Line Square. Mr. Scarlatis
said that he did not know.

Commissioner Franzese asked about the materials for the enclosure. Mr. Scarlatis said
they would be black steel railings with terra cotta or concrete planters.
05/17/2010 Regular Meeting
Plan Commission/Zoning Board Minutes
Page 3 of 9

Commissioner Franzese asked if the awning would look like the picture and sketch that
was provided with the plans. Mr. Scarlatis said that the picture was not accurate and that
he did not know who prepared the sketch. Commissioner Franzese said that the
petitioner should not be providing documents that are inaccurate and do not reflect the
petitioner’s intentions.

Commissioner Bolos said she is concerned about the bulk of the awnings. She said she
would like more details on exactly what is to be constructed for the awning and how it is
to be supported.

Commissioner Manieri said that he would first like to address the concerns of the
residents. He said that the residents should contact the Police Department anytime there
is loading, garbage pickup or other activity behind County Line Square during non-
business hours. He said those concerns were important and need to be addressed but that
they do not relate directly to this petition.

Commissioner Manieri said he had some specific concerns with the configuration of the
outdoor seating area. He said the setback from the parking lot should be measured from
the inside of the curb rather than from the outside of the curb. Mr. Scarlatis said that he
would modify the plan to show a 5 foot setback from the inside of the curb.

Commissioner Manieri asked about the location of the existing planter. Mr. Scarlatis
said that it would not interfere with the enclosure. Commissioner Manieri said he
measured the area and the planter would be in the way and would reduce the sidewalk to
18 inches. Mr. Scarlatis said he would have the planter moved.

Commissioner Manieri further said that the seating area should not block the adjacent
storefront; that he was concerned about the size of the awning; that the materials should
match the awning and other materials already in the strip center; and that the lanterns
should be removed from the existing awning. Mr. Scarlatis said he could comply with all
of these requests.

Commissioner Perri asked the petitioner why they did not have a sign on the County Line
Road shopping center sign. Mr. Scarlatis said they would like a sign but the owner the
shopping center has not allowed them to have a panel on the existing sign.

Commissioner Stratis asked about music being played outside and if the concrete
sidewalk would be treated so it could be cleaned. He said that any music being played
should be moderate and that if the seating is to be removed in the winter, the concrete
should be treated so it can be cleaned. Commissioner Stratis said he generally supports
this request and that the concerns of the neighbors are a separate issue.

Mr. James Kuksta, 850 Village Center Drive, Unit 310, said that more restaurants with
outdoor seating are needed in Burr Ridge and he encouraged the approval of this request.

Mr. Sharad Ghandi, 403 Ambriance! said that he objects to the outdoor dining and more
restaurants in the Village.
05/17/2010 Regular Meeting
Plan Commission/Zoning Board Minutes
Page 4 of 9

Commissioner Franzese asked if there would be outdoor heaters or any outdoor food
preparation. Mr. Scarlatis said there would be heaters when needed but no outdoor food
preparation.

Vice-Chairman Cronin asked the petitioner if they would be willing to return in two
weeks with revised plans addressing these concerns. Mr. Scarlatis said he would have
revised plans ready in a few days.

A MOTION was made by Commissioner Manieri and SECONDED by Commissioner
Bolos to continue the public hearing for Z-03-2010 to June 7, 2010.

ROLL CALL VOTE was as follows:
AYES:     6 - Manieri, Bolos, Cronin, Franzese, Perri, and Stratis
NAYS:     0 - None
MOTION CARRIED by a vote of 6-0.

B.     Z-04-2010: 801 Village Center Drive (Opus North); PUD Amendment and
       Findings of Fact

Mr. Pollock described this petition as follows: The petitioner is the developer of the Burr
Ridge Village Center and the owner of the retail building space in the Village Center.
The petitioner requests an amendment to the Burr Ridge Village Center Planned Unit
Development to modify the list of permitted and special uses to add restaurants as a
special use within Building 5b, also known as 801 Village Center Drive.

Mr. Scott Rolston was present on behalf of the petitioner. Mr. Rolston said he is the
property manager for the retail portion of the Center. Mr. Rolston presented a
PowerPoint presentation highlighting various reasons why they feel they need the
amendment and describing how they would address issues such as noise and ventilation.

Vice-Chairman Cronin asked for comments and questions from the public.

Mr. Rick Holek said that he is the owner Unit 202 at 801 Village Center Drive. He said
his daughter lives in the unit and that he wants the Village Center to progress but is
concerned about the impact of a restaurant. He said his concerns related to the potential
for fire and other impacts. He also asked if there would be more lighting for a restaurant.

Mr. Barry Dujlovich, 8200 Lake Ridge Drive, stated that more restaurants are needed in
the Village Center and the Village needs to take action on this request.

Mr. Anthony Formato, 850 Village Center Drive, said that something is needed to be
added to the Village Center but asked if they could simply move some of the existing
stores into the Building 5b and open up other space for a restaurant.
05/17/2010 Regular Meeting
Plan Commission/Zoning Board Minutes
Page 5 of 9




Mr. Rick Michalak, 850 Village Center Drive, Unit 414, asked if the petitioner could say
what restaurant would be located in Building 5b if the amendment is approved. Mr.
Rolston said they did not have any restaurants signed and he could not say with whom
they are negotiating.

In response to the questions asked, Mr. Rolston said there would be no additional lighting
and that he could not publicly state with whom they are negotiating.

Vice-Chairman Cronin asked for comments and questions from the Plan Commission.

In response to Commissioner Stratis, Mr. Rolston said that the building is fully equipped
with fire suppression sprinklers and that a restaurant would probably have access from
both the front and rear. Mr. Stratis added that he was glad they were adding more
security personnel and that he has concerns about an outdoor dining area if requested. He
said that otherwise he supported the zoning amendment.

Commissioner Perri asked if the residents in the building would see their insurance go up
and if Opus was offering to compensate them. Mr. Rolston said that he would not expect
the insurance rates to go up.

Commissioner Manieri said that he believes having restaurants and a certain amount of
noise and activity in your area was part of urban living and part of living in a place like
the Village Center. He said that the Village Center must have more restaurants. He
asked if the smoke ventilation shafts are sealed and Mr. Rolston said that they are sealed.

In response to Commissioner Manieri, Mr. Rolston said that additional sound insulation
would be added to the first floor ceiling. Mr. Grady Hamilton of Opus North added that
there was a 20 foot ceiling height and sufficient room for additional sound proofing.

Commissioner Manieri added that the arrangement of restaurants on the first floor of
Building 5b would not be much different from the relationship between Topaz restaurant
the residences in Building 6. He added that he is willing to recommend restaurants in
Building 5b because it is largely vacant and that he would not necessarily be willing to
add restaurants in the other mixed use buildings because they have more residents.

Commissioner Bolos asked if the outdoor dining were a deal breaker and if moving retail
tenants in to Building 5 b was an option. Mr. Rolston said he did not know if outdoor
dining would be essential to a tenant. He added that it costs $500,000 to $1,000,000 to
build out a retail space and it would not be economical to move retail tenants. He added
that the retail tenants in the center of the project probably would not be willing to move
anyway.

Commissioner Franzese asked about building heights and whether the vent on the roof of
Building 5b would be above or below residents in Buildings 6 and 7. Mr. Rolston said
they were all equal in height and thus, the vent would be above the adjacent residences.
05/17/2010 Regular Meeting
Plan Commission/Zoning Board Minutes
Page 6 of 9


Vice-Chairman Cronin added that in his experience at Topaz and Cooper’s Hawk, the
noise levels are low and would not have an impact on the residences.

Mr. Pollock said that Chairman Trzupek called and asked him to relay comments. He
said that Chairman Trzupek supports the request as long as issues related to noise and
ventilation is addressed.

A MOTION was made by Commissioner Manieri and SECONDED by Commissioner
Bolos to close the public hearing for Z-04-2010.

ROLL CALL VOTE was as follows:
AYES:     6 - Manieri, Bolos, Cronin, Franzese, Perri, and Stratis
NAYS:     0 - None
MOTION CARRIED by a vote of 6-0.

A MOTION was made by Commissioner Manieri and SECONDED by Commissioner
Bolos to recommend to the Board of Trustees approval of Z-04-2010; an amendment to
the Burr Ridge Village Center to add restaurants as a special use in the Building 5b
commonly known as 801 Village Center Drive.

ROLL CALL VOTE was as follows:
AYES:     6 - Manieri, Bolos, Cronin, Franzese, Perri, and Stratis
NAYS:     0 - None
MOTION CARRIED by a vote of 6-0.

Commissioner Franzese added that it was not appropriate at this time to discuss details of
a restaurant but that would be appropriate at such time that a special use public hearing is
held.

Vice-Chairman Cronin said that the public hearing for Z-02-2010 will be moved to the
end of the agenda as there is no one in attendance to speak to this hearing and there are
others in attendance to speak to the Other Considerations.

IV.    CORRESPONDENCE

There was no discussion regarding the various correspondence provided with this agenda.

V.     OTHER CONSIDERATIONS

A.     S-02-2010: 743 McClintock Drive (Kensington Schools); Sign Variation

Mr. Pollock explained that the owner of the new office building at 743 McClintock Drive
is requesting a variation from the Sign Ordinance to allow a wall sign oriented toward the
same street frontage as a ground sign on a corner lot rather than the requirement that a
second sign on a corner lot must be oriented toward a different street frontage than the
first sign. Mr. Pollock added that the signs have been constructed without permits.
05/17/2010 Regular Meeting
Plan Commission/Zoning Board Minutes
Page 7 of 9

Mr. Chuck Marlas presented the petitioner’s request. Mr. Marlas said that he wanted to
use the monument sign to identify the “office park” and have the name of the business on
the building wall. When asked if he intended to add more wall signs for other tenants,
Mr. Marlas said he did not.

Commissioner Stratis said that the extent of the variation is relatively minor but that he is
concerned with the precedent. He said he can see no reason to have a second sign facing
the parking lot. He said that the purpose of allowing a second sign on a corner lot is to
allow identification from the second street. He added that a second sign facing the
parking lot and facing the same street as the first sign would be contrary to the intent of
the sign regulations for corner lots and would set a precedent for interior lots to request a
second sign.

Commissioner Franzese complemented the petitioner for the design and appearance of
the building. He said the building fits perfectly as a transition between the Corporate
Park and the Chasemoor townhomes. He said that he shared the concerns of
Commissioner Stratis.

Mr. Marlas asked if he could construct a sign facing Lincolnshire Drive or facing
Chasemoor. Mr. Pollock said that a sign facing Lincolnshire would be permitted but
would serve little purpose given the residential character of the adjoining area.

In response, Mr. Marlas said that he may consider putting a lighted sign facing
Chasemoor if this variation were not approved. Mr. Marlas suggested that the Plan
Commission should approve his sign variation to avoid having a sign facing Chasemoor.

The applicant for the variation, Mr. Marlas left the room at this time.

A MOTION was made by Commissioner Stratis and SECONDED by Commissioner
Manieri to recommend denial of this request for a sign variation.

ROLL CALL VOTE was as follows:
AYES:     6 - Stratis, Manieri, Cronin, Bolos, Franzese, and Perri
NAYS:     0 - None
MOTION CARRIED by a vote of 6-0.

Commissioner Manieri commented that he took offense at the petitioner’s attitude and
facetiousness. He said he did not appreciate the applicant’s threats to construct a lighted
sign facing Chasemoor and his leaving the public hearing room before any motion was
made or a vote was taken.

B.     PC-03-2010: Discussion of Zoning Ordinance Amendment relative to
       Screening of Rooftop Equipment

Based on the late hour, Mr. Pollock suggested that PC-03-2010 be continued to the June
7, 2010 meeting.
05/17/2010 Regular Meeting
Plan Commission/Zoning Board Minutes
Page 8 of 9

A MOTION was made by Commissioner Perri and SECONDED by Commissioner
Franzese to continue PC-03-2010 to the June 7 meeting.

ROLL CALL VOTE was as follows:
AYES:     6 - Perri, Franzese, Cronin, Bolos, Manieri, and Stratis
NAYS:     0 - None
MOTION CARRIED by a vote of 6-0.

C.     PC-04-2010: Pre-Application Review; 101 Burr Ridge Parkway; Special Use
       for Personal Wireless Service Antennas on Harris Bank Building

Mr. Pollock said that T Mobile is interested in placing antennas on top of the Harris Bank
building and is asking for preliminary comments from the Plan Commission. Mr.
Pollock added that Chairman Trzupek asked him to relay his comments to the
Commission. He said Chairman Trzupek believes that the antennas must be screened.

Mr. Barry Sias was present on behalf of T Mobile.

Commissioner Franzese said that the antennas must be screened in a manner that
complements the building. He said he did not want to see separate screening boxes for
each of the antennas but preferred to see the extension of the existing screening on the
roof top.

Commissioner Bolos said she agreed that the antennas must be properly screened in a
manner consistent with the existing screening and building design.

Commissioner Manieri said the building is at the gateway to the Village and it is critical
that the appearance of the building not be compromised. He said that he would prefer no
antennas but that if antennas were to be allowed, they would have to be screened and the
screening would have to complement the building design.

Vice-Chairman Cronin asked if there were any more comments or questions. There were
none.

IV.    PUBLIC HEARINGS

C.     Z-02-2010: Zoning Ordinance Text Amendments – Manufacturing District
       Performance Standards and Non-Conforming Uses

Mr. Pollock summarized the written staff report as follows: The Plan Commission
opened the public hearing for this petition at their March 1, 2010 meeting and continued
the meeting to April 5, 2010 and to May 17, 2010. He said that staff’s review of the
performance standards is focused on two aspects: 1) making sure that the standards are
applicable to any land use that may presently be located within the Village or may be
annexed to the Village in the future; 2) making sure that the performance standards are
applicable to contemporary land uses and contemporary standards for measuring
environmental impacts. Mr. Pollock referenced the staff report for the May 17, 2010
Plan Commission meeting for further details regarding the amendments.
05/17/2010 Regular Meeting
Plan Commission/Zoning Board Minutes
Page 9 of 9


Mr. Pollock added that Chairman Trzupek relayed his comments. Mr. Pollock said that
Chairman Trzupek supports the amendments and his only question was how the standards
would be enforced. Mr. Pollock said that he has been in contact with a testing company
that is able to provide testing services to enforce the standards.

There were no other questions or comments.

A MOTION was made by Commissioner Bolos and SECONDED by Commissioner
Manieri to close the public hearing for Z-02-2010.

ROLL CALL VOTE was as follows:
AYES:     6 - Bolos, Manieri, Cronin, Franzese, Perri, and Stratis
NAYS:     0 - None
MOTION CARRIED by a vote of 6-0.

A MOTION was made by Commissioner Franzese and SECONDED by Commissioner
Stratis to recommend to the Board of Trustees approval of Z-02-2010; an amendment to
the Zoning Ordinance pertaining to performance standards and non-conforming uses, as
recommended in the staff report for the May 17, 2010 public hearing.

ROLL CALL VOTE was as follows:
AYES:     6 - Franzese, Stratis, Cronin, Bolos, Perri, and Manieri
NAYS:     0 - None
MOTION CARRIED by a vote of 6-0.

VI.    FUTURE SCHEDULED MEETINGS

The next scheduled meeting of the Plan Commission is June 7, 2010.

VII.   ADJOURNMENT

A MOTION was made by Commissioner Bolos and SECONDED by Commissioner
Franzese to ADJOURN the meeting at 10:30 p.m. ALL MEMBERS VOTING AYE,
the meeting was adjourned at 10:30 p.m.

Respectfully Submitted:




J. Douglas Pollock, AICP                                                 June 7, 2010

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:2
posted:9/18/2012
language:Unknown
pages:9