Village of Northbrook Plan Commission met Sept. 20.
Here are the minutes provided by the commission:
1. CALL TO ORDER
| Attendee Name | Title | Status | Arrived |
| Steven Elisco | Chairperson | Present | |
| Jeff Sandler | Commissioner | Present | |
| Jeremy Melnick | Commissioner | Absent | |
| Mark DeBartolo | Commissioner | Present | |
| Allen Morgen | Commissioner | Present | |
| Amy Torf | Commissioner | Present | |
| Eric Schwager | Commissioner | Present | |
| Ken Walden | Commissioner | Present | |
| Keri Halperin | Commissioner | Present | |
| Lucy Prather | Village Attorney | Absent | |
| Chan Yu | Deputy Director | Present | |
| Swati Pandey | Planner | Present | |
| Michaela Kohlstedt | Director | Present | |
| Stewart Weiss | Village Attorney | Present |
Commissioner Sandler moved, Commissioner Morgen seconded the motion to approve the minutes. On voice vote, all were in favor.
Abstained: Commissioner Torf and Schwager
A. Plan Commission - Plan Commission - Sep 6, 2022 7:30 PM
| RESULT: ACCEPTED [9 TO 0]
MOVER: Jeff Sandler, Commissioner SECONDER: Allen Morgen, Commissioner AYES: Elisco, Sandler, DeBartolo, Morgen, Walden, Halperin, Yu, Pandey, Kohlstedt ABSTAIN: Torf ABSENT: Melnick, Schwager, Prather |
Michaela Kohlstedt, Director reported the Village Board approved an agreement with Houseal Lavigne for community planning and drafting process for a new Village Zoning Code. The Village Board conducted four preliminary reviews at the Village Board meeting held on September 13, 2022. The first preliminary review was regarding a new Tesla motor vehicle dealership with open sales lot, located at 1000 Skokie Boulevard, which was well received by the Village Board. The second preliminary review was regarding a special use permit for a car wash, located at 204 Skokie Boulevard, and a signage amendment for Village Square Shopping Center (31-315 Skokie). The fourth preliminary review was regarding a special permit for a transitional service facility, located at 479 Lee Road, which the Village Board raised concern regarding parking.
4. HEAR FROM THE AUDIENCE
Mary Beth Vanderwheel, 2848 Summit Avenue, Highland Park, requested the Village approve an organic vegetable garden and fruit trees on the outlot , located at 2800 Techny Road (SW corner of Pfingsten and Techny). She stated that she would purchase the property for a vegetable garden and in future if allowed would like to put in a fire pit and pond. She requested information regarding the Village laws that prohibit her from building a vegetable garden on the property. She asked two questions - what laws would prohibit her proposal and if the Village could amend those laws to allow such a facility. She encouraged the Village to support vegetable gardens in the community.
Chairman Elisco commented the Village code prohibits physical structures in the detention area. He asked if Ms. Vanderwheel plans on building a raised garden. Ms. Vanderwheel responded that it is a possibility; if allowed she could build a one-foot raised garden bed. She noted the easement is located around the perimeter, and the raised garden will not affect stormwater.
Chairman Elisco expressed concern the stormwater will drown the plants. Ms. Vanderwheel responded the area does not pond from heavy rain fall and it is dry detention.
Chairman Elisco requested more information regarding the detention area. Village Attorney Stewart Weiss suggested the Village review the plot. He explained how members of the public are purchasing parcels with stormwater easements.
Mr. Weiss commented he will work with Village staff to determine if an amendment is appropriate to allow the proposed use.
Chairman Elisco requested Ms. Vanderwheel work with Village staff.
5. REVIEW OF DRAFT RESOLUTIONS
A. DOCKET NO. PCD-22-02: 916, 940 AND 1002 DUNDEE - SENIOR HOUSING (Public Hearing is closed.) Consideration of a Resolution recommending denial of an application filed by Erickson Living Properties Application by Erickson Living Properties, LLC as contractual purchaser of 916, 940, and 1002 Dundee Road which is owned by GA Northbrook, LLC for the purpose of authorizing the following zoning relief for a senior living facility consisting of now revised 800 independent living units, & 108 assisted living units: (A) Comprehensive Plan Amendment; (B) Rezoning approximately 79 (of the 127.11) acres of the Subject Property from Open Space (OS) District to Residential Specialty (RS) District; (C) Zoning Code Text Amendment for Subsection 4-110H(17) of Article IV to allow an Increase in Maximum Height allowed by Special Permit in the RS District from 65’ and 5 stories to 68’ and 5 stories (subsequently withdrawn); (D) Zoning Code Text Amendment for Subsection 9-106H to allow Real Estate Signs to be 40 square feet in area where the current limitation is 32 square feet and to allow ground signs in excess of 8’ in height by special permit; (E) Special Permit for Real Estate Sign with a height of 18'; (F) Special Permit for Concept Planned Development; (G) Special Permit to allow an increased maximum building height of 68 feet in the RS District (1 building)(subsequently withdrawn); (H) Special Permit to allow an increased maximum floor area ratio (FAR) to 0.567 in the RS District; (I) Tentative Plat of Subdivision; (J) Site Plan approval; (K) Variation of the Subdivision Code to allow construction and maintenance of private streets; (L) Waiver of the Subdivision Code requirement to bury overhead utility lines; (M) Approval of such other zoning relief as may be necessary.
Commissioner DeBartolo stated he left the last Plan Commission meeting early; however, he reviewed the documentation and is prepared to vote.
Commissioner Torf stated she was not present at the last meeting; however, she reviewed the documentation and is prepared to vote.
Rich Klawiter, Attorney with DLA Piper Law Firm, 444 W Lake Street, Chicago, IL, stated he acknowledges that the Plan Commission is not inclined to favor supporting the proposed development project. The applicant conducted successful community engagement, and modified the plan to alleviate public concerns. Furthermore, the applicant plans on addressing the Plan Commission's recommendations/concerns regarding the project and seek support from governmental organizations. He thanked the Plan Commission for their feedback.
Commissioner DeBartolo made a motion to approve resolution 22-PC-02, recommending denial of docket #PCD-22-02, 916, 940 &1002 Dundee Road, Erickson Living Properties LLC, as prepared and submitted by staff; seconded by Commissioner Halperin. On roll call vote, all were in favor. (7 Yes Votes, 0 No Votes, 1 Abstain)
Chairman Elisco asked when the recommendation will be heard by the Village Board. Michaela Kohlstedt, Director responded the next Village Board meeting is scheduled in October.
6. REVIEW OF NEW APPLICATIONS
A. DOCKET NO. PCD-22-03: 175 POINTE DRIVE - TOWNHOME PLANNED DEVELOPMENT (First Public Hearing.) An application filed by Schwartz Family Partnership, LLC as owner of the property commonly known as 175 Pointe Drive, for the purposes of: (A) Amendment to the Annexation and Development Agreement; (B) Amendment to the Special Permit for Planned Development for Concept Plan approval of 35 townhouse dwelling units; (C) Special Permit approving Townhouse Dwellings (SIC 9862.00) for Lot 3B in the original planned development in MFRC District; (D) Zoning Code Text amendment to reduce lot area per dwelling unit requirement from 6,000 sf to 5,500 sf in MFRC District; (E) Zoning Code Text Amendment to allow maximum lot coverage requirement for Planned Developments to increase from 50% to 60% in MFRC District; (F) Variation to reduce the required interior side (east) yard from 30’ to 10’ and interior side yard (west) from 30’ to 20’; (G) Variation to reduce the required interior side (east) setback from 75’ to 30’ and interior side (west) setback from 75’ to 20’; (H) Variation to reduce the parking requirement for Lot 3B from 158 spaces to 119 spaces; (I) Site Plan Approval; and (J) Approval of any such variations, waivers, and zoning relief as may be necessary.
Senior Planner Swati Pandey discussed an application submitted by Schwartz Family Partnership, LLC, for the property located at 175 Pointe Drive. The property consists of five parcels; and was approved by the Village as a planned development in 2002. She provided a brief overview of the developments approved on each lot and history. The applicant proposes to construct a 35-unit rental townhome development (six buildings) on vacant lot 3B; and the property is zoned MFRC (Multiple Family Residential & Commercial District). The Comprehensive Plan identifies the property as appropriate for major corridor multi-use.
The Village Board expressed concern regarding the following: parking, snow removal/storage, amenities, sidewalks, affordable housing, and CAP initiatives. The townhome units will have three bedrooms with a two-car garage and a 24-foot wide shared access driveway. Furthermore, 31 parking spaces exist on lot 3B, and 18 new parking spaces are being proposed on the southside of the property. She discussed the site plan details (amenities, dog run, and fencing), landscape plan, building elevations/color, and informational signage. The applicant is proposing to dedicate 5 affordable rental units and will pay the remaining fee in lieu.
The Village Sustainability Coordinator reviewed the sustainability plan and attached a memo to the staff report. She noted the requested relief/primary issues the Plan Commission should consider.
Commissioner DeBartolo requested more information regarding the fee in lieu. Ms. Pandey responded that 15% of 35-units is required to be affordable which come to be 5.25%. The Applicant will provide 5 units on-site and pay the rest as fee in lieu.
Chairman Elisco asked if the density of 6,000 square feet per unit only applies to the MFRC District. Ms. Pandey responded yes; the density was calculated to match the proposed development.
Lawrence Freedman, Attorney, 95 Revere Court, Northbrook, spoke about the history of annexation and development of this property and the creation of the MFRC District. He requested the Commission approve the modified development project.
David Schwartz, 3190 Doolittle Drive, Northbrook, spoke on the partnership with Village staff to modify the development project. He discussed the selling challenges, and high housing demand in Northbrook. He provided a brief overview of the site plan details and Village staff recommendations. To note, the unbuilt street named Sunset Lane, will act as a 60-foot buffer on the westside of the property, and the proposed building height is 35-feet. The development project includes 5 affordable housing units, and the project will greatly benefit the community.
Joe Maschek, BSB Design Project Planner, 4225 Lee Street, Skokie, spoke on the site plan details and amenities. Snow storage will be located in the center courtyard and between buildings 2 & 3. The residents will be allowed to build a small kitchen garden, and they plan on continuing the existing fence along the western boundary. The property will have a small dog park and playground. Furthermore, the property has a 30-foot right-of-way where Sunshine Lane is located. He requested the Commission consider the 20-foot setback on the westside and 35-foot building height.
Commissioner Morgen asked how much the monthly rent is. Mr. Schwartz responded the estimated cost for the market rate units is $3,700-$4,000.
Commissioner Morgen asked when they plan on finishing construction. Mr. Schwartz responded construction will take 15-months.
Commissioner Morgen asked if outreach was performed in the community. Mr. Schwartz responded yes; several outreach efforts were performed in the community. To note, an agreement was executed with the Homeowner's Association.
Mr. Freedman spoke on the Homeowner's Association matter regarding parking. The parking study provided to the Village supports parking on Lots 3A & 3B.
Commissioner Sandler asked if the affordable housing units will be mixed into the development. Mr. Schwartz responded yes; the units will be mixed into the development.
Commissioner Sandler asked if the northeast corner was approved by the Fire Department. Mr. Schwartz responded yes. Michaela Kohlstedt, Director noted an auto-turn stimulation was conducted with fire truck dimensions.
Commissioner Walden requested more information regarding the playground. Ms. Kohlstedt responded the Architectural Control Commission (ACC) recommended a playground be constructed on the property. The proposed playground design is considered imagination play.
Joe Maschek spoke on optimizing the development plan to incorporate the playground design. Chairman Elisco opened public comment.
Kathleen Sullivan, 4010 Phyllis Road, spoke in opposition of the proposed development project. She provided a brief overview of the Northbrook Comprehensive Plan and PUD Ordinance. She expressed concern regarding the following: loss of privacy, lack of community outreach, proposed buffer, lack of site plan constraints, no hardship evidence, and decreased property values for existing homes. She requested the Commission take into consideration the residents in the community.
Pat Thalman, 4160 Phyllis Road, spoke in opposition of the proposed development project. She expressed concern regarding stormwater, and requested the Commission evaluate the stormwater plans.
Eberhard Land, 4095 Pamela Lane, spoke in opposition of the proposed development project. He expressed concern regarding pedestrian safety and traffic impacts. He requested the Commission evaluate the traffic impacts on the roadway.
Stan Slovin, 4012 Lindenwood Lane, spoke in opposition of the proposed development project. He noted the small parcel is not able to support the large development. He expressed concern regarding the following: location of the detention against the adjacent properties, amenities, loss of privacy, and increased noise. He questioned how the public will be able to afford the high priced rental units during the pandemic. He requested the Commission deny the proposed development project.
Boris Sverdlik, 153 Pointe Drive, Unit 209, spoke in opposition of the proposed development project. He expressed concern regarding the following: loss of privacy, traffic impacts, pedestrian safety, and affordability of the townhomes. He requested more information regarding the pricing of the affordable units.
Laurie Weinberg, 153 Pointe Drive, Unit 310, spoke in opposition of the proposed development project. She expressed concern regarding the following: loss of privacy, increased density, traffic impacts, and pedestrian safety. She noted the proposed parcel is too small to support the large development project.
Fran Bohm, 153 Pointe Drive, Unit 202, spoke in opposition of the proposed development project. She expressed concern regarding the following: traffic impacts, lack of green space, playground design, dog area, overuse of gazebo area, and garbage collection accessibility.
Tami Diamond, 153 Point Drive, Unit 208, spoke in opposition of the proposed development project. She expressed concern regarding the dog area, and increased density. She noted the small parcel is not appropriate for the large development project.
Aleksandar Hadjien, 4007 Lindenwood Lane, spoke in opposition of the proposed development project. He expressed concern regarding the following: loss of privacy, dog area, playground design, detention pond, building height, affordability of the townhomes, and increased crime.
Trudy Goldstein, 153 Pointe Drive, Unit 211, spoke in opposition of the proposed development project. She expressed concern regarding the following: lighting, increased noise, loss of privacy, and dog barking.
Shobha Kansal, 4005 Pamela Lane, spoke in opposition of the proposed development project. She expressed concern regarding the following: loss of privacy, increased crime, traffic impacts, increased noise, and flooding. She provided a brief overview of the MFRC zoning requirements; and noted she did not receive a notification from the developer regarding the proposed project. She requested the Commission take into consideration the developments negative impact on residents in the community.
Cynthia Cho, 101 Pointe Drive, Unit 111, requested more information regarding the following: buffering, parking, green space, dog area, and IDOT's involvement. She questioned why the developer chose not to provide ownership units.
Leonard Fisher, 153 Pointe Drive, Unit 203, spoke in opposition of the proposed development project. He noted the small parcel is not appropriate for the large development project. He expressed concern regarding pedestrian safety and road impacts.
Carl Bech, 4181 Pamela Lane, Northbrook, spoke in opposition of the proposed development project. He expressed concern regarding the following: lack of handicap parking spots, roadway design, parking, loss of privacy, detention pond, and garbage collection. He questioned why the developer chose not to provide ownership units. Furthermore, he requested the Commission deny the proposed development project.
Jeaninne Rornff, 101 Pointe Drive, Unit 408, spoke in opposition of the proposed development project. She expressed concern regarding the following: traffic impacts, pedestrian safety, parking, and dog area.
Mohammed Bakhtiar, 4015 Lindenwood Lane, spoke in opposition of the proposed development project. He expressed concern regarding the following: increased crime, decreased property values, loss of privacy, and overuse of access roads. He noted the proposed development project will not benefit the community.
Joe Maschek spoke on the stormwater facility design on the southside of the site. The stormwater facility will be utilized by lot 3B only, and overflow will be sent to the existing detention facility on lot 1.
Mr. Schwartz commented Civil Engineer Pearson Brown has been working with the Public Works Department on the stormwater detention facility. He noted the stormwater detention inlets located on the property lead to the detention located on Cook Road, and the secondary dentition on the property will provide additional stormwater detention.
Mr. Freedman commented the stormwater detention facility was design specifically for lot 3B. The stormwater detention facility was modified to meet the 2018 MWRD requirements.
Mr. Maschek noted the site plan design does not include rooftop patios, and the balconies face inward.
Mr. Freedman noted the development will not provide Section 8 housing. The development project will incorporate affordable housing opportunities, and the income-based rent will be determined by the Village. He addressed construction traffic concerns; the plan is to utilize the toll access (Pointe Drive) and comply with construction ordinances. The traffic light timing concerns will be addressed with Cook County.
Mr. Schwartz spoke on the importance of creating a dog area for tenants. Mr. Maschek noted they can relocate the dog area in the site plan.
Mr. Maschek noted two access spaces will be located in front of building one, and every unit will have two guest parking spaces. He discussed the use of native plants for stormwater and use of the detention facility.
Chairman Elisco requested more information regarding the separation of the development from the condominium. Mr. Schwartz discussed the negotiations with the HOA Attorney for the condominium. The plan is to add more screening and signage.
Mr. Freedman discussed how rental units allow more control over the property.
Commissioner Sandler requested more information regarding property lighting. Mr. Schwartz responded the photometric plan meets the Village requirements. He noted the site plan does not include lighting poles or building lighting.
Commissioner Walden requested more information regarding the rental pricing. Mr. Schwartz responded professional market research was performed to determine the demand for the large rental units.
Chairman Elisco asked why the applicant chose to build rental units. Mr. Schwartz responded the housing market data shows a great need for rental units.
Chairman Elisco asked why they chose not to shift the development to the east, to create a larger setback on the west side. Mr. Maschek responded that the proposed plan was optimized based on civil engineering and stormwater management point of view but he will work with the Civil Engineer on the recommendation to see any redesign options.
Mr. Maschek noted the building height is 35-feet, and the units do not include roof decks. He provided a brief overview of the townhouse floor plan. The original approved building height was approximately 43-45 feet.
Commissioner Halperin made a motion to close the public hearing; seconded by Commissioner Morgen. On roll call vote, all were in favor. (8 Yes Votes, 0 No Votes)
Commissioner DeBartolo stated the Village does not allow a fee in lieu for decimal points. Ms. Kohlstedt responded the Affordable Housing Ordinance allows a fee in lieu when the fraction falls below 0.5.
Commissioner DeBartolo stated he supports approving a special permit for townhomes. He expressed concern regarding the following: 25% parking reduction, west variation, parking spillage to Lot 3A, and lack of green space. He recommended the applicant relocate the dog park and move the development to the east.
Commissioner Schwager concurs with Commissioner DeBartolo. He expressed concern regarding the west variation request, dog park location and lack of parking. He stated that there was a way to reconfigure the property and make it work. He recommended the applicant address concerns expressed by residents.
Commissioner Halperin concurs with her fellow Commissioners. She recommended the applicant pursue the following: add more green space, address concerns expressed by residents on the west side, modify setbacks on the west, and relocate the dog park. She expressed concern regarding lack of parking; and stated she will not support the proposed development project.
Commissioner Sandler concurs with his fellow Commissioners. He supports the idea of rental townhomes for the property. He supports shifting the townhome development to the east, and proposed building height of 35-feet. He expressed concern regarding the dog park location, lack of parking and allowing garbage collection services to back down the roadway in the northeast area of the site.
Commissioner Morgen stated he supports granting a special permit for the townhome development project, and proposed parking. He does not believe the development will cause traffic impacts. Furthermore, he recommended the developer shift the development to the east, to increase the setback space, and add a dog weight restriction.
Commissioner Torf concurs with her fellow Commissioners. She supports the following: granting a special permit for rental townhomes, and proposed parking at 49 spaces are probably adequate. She would like to see the development shift further to the east to allow greater buffer on the west side.
Commissioner Walden stated the Village will properly initiate the Affordable Housing Ordinance. He spoke on how rental units benefit members of the public who cannot afford to buy a home. He noted the property configuration is located to close to the western boundary; and supports shifting the development to the east. Furthermore, he recommended the developer reduce the number of townhome units. He stated that he would not recommend approval of the current plan.
Chairman Elisco concurs with his fellow Commissioners. He supports the following: shifting the development to east, evaluating the western boundary, and proposed variations. He expressed concern regarding the following: parking (recommends 4.5 cars per unit), no driveways, and density. He noted the Village will never allow stormwater spillage on adjacent properties, and the developer is not responsible for correcting stormwater issues on adjacent properties. Furthermore, he recommended Village staff meet with the County to address the traffic light. He requested the applicant address the public concerns regarding the dog area.
Ms. Kohlstedt suggested scheduling the next hearing on November 1, 2022, with an early start time.
Village Attorney Stewart Weiss spoke on the early start time rules for scheduling a special meeting at 6 pm.
Chairman Elisco stated he supports scheduling a special meeting.
Commissioner Halperin made a motion to continue the public hearing to a special hearing on November 1, 2022, at 6 pm; seconded by Commissioner DeBartolo. On roll call vote, all were in favor. (8 Yes Votes, 0 No Votes, 0 Abstain)
Chairman Elisco noted the Village will not send a notification to the public, and encouraged residents to visit the Village website.
Ms. Kohlstedt commented the meeting notification will be posted on the Village website on Friday, October 28, 2022.
7. OLD BUSINESS
8. NEW BUSINESS
9. ADJOURN
Commissioner DeBartolo made a motion, seconded by Commissioner Halperin to adjourn. On voice vote, a motion to adjourn passed unanimously. Adjourned at 9:57 p.m.
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