Village of Northbrook Plan Commission met Oct. 6.
Here is the minutes provided by the commission:
1. CALL TO ORDER
| Attendee Name | Title | Status | Arrived |
| Steven Elisco | Commissioner | Remote | |
| Jeff Sandler | Commissioner | Remote | |
| Jeremy Melnick | Commissioner | Remote | |
| Mark DeBartolo | Commissioner | Remote | |
| Ihab Riad | Commissioner | Remote | |
| Allen Morgen | Commissioner | Remote | |
| Amy Torf | Commissioner | Remote | |
| Laura Collins | Commissioner | Remote | |
| Marcia Franklin | Chairman | Remote | |
| Swati Pandey | Planner | Present | |
| Michaela Kohlstedt | Planner | Remote | |
| Stewart Weiss | Village Attorney | Remote | |
| Tom Poupard | Director | Present |
Commissioner Morgen moved to approve the minutes and seconded by Commissioner Sandler; all were in favor.
3. COMMUNITY PLANNING REPORT
Tom Poupard, Director of Development & Planning Services reported the Board will be reviewing the preliminary findings of the climate study and they plan on creating a planning group (one Member from each Commission will be appointed). In addition, the Board will be discussing accessory dwelling units.
Chairman Franklin asked if the Board can discuss accessory uses of properties. Mr. Poupard responded he will confirm with the Board.
4. HEAR FROM THE AUDIENCE
Chairman Franklin stated all Commission Members were given a copy of a letter dated September 11, 2020, from Lawrence Oberman, expressing concern regarding the Green Acres development proposals.
5. REVIEW OF NEW APPLICATIONS
A. DOCKET NO. PCD-20-09: 180 ANETS DRIVE - NORTHBROOK PARK DISTRICT (First Public Hearing.) An application filed by Northbrook Park District as owner of 180 Anets Drive, for the purpose of authorizing the following zoning relief: A) Approval of a special permit to allow three wall signs in excess of 20 feet in height, the top of one such sign shall be no more than 28’4” above grade, and two remaining signs shall be no more than 25’ above grade (SIC No. 9966.00); and B) Approval of any other such variations, waivers, and zoning relief as may be necessary.
Commissioner Sandler made a motion to waive staff presentation and seconded by Commissioner Elisco; all were in favor.
Commissioner Elisco made a motion to approve Docket NO. PCD-20-09: 180 Anets Drive - Northbrook Park District wall sign and seconded by Commissioner Melnick; all were in favor.
B. DOCKET NO. PCD-20-07: 933 SKOKIE BLVD - RENAISSANCE HOTEL (First Public Hearing.) An application filed by Northbrook ND Investments, LLC as owner of 933 Skokie Boulevard, for the purpose of authorizing the following zoning relief: A) An amendment of previously approved Ordinance No. 02-04 to allow one new wall sign in excess of 20 feet in height (SIC No. 9966.00), the tops of which sign is approximately 163.41’ above grade; and in excess of district sign area limitations (SIC No. 9969.00), which is 100 square feet, with a 378 square- foot sign; and B) Approval of any other such variations, waivers, and zoning relief as may be necessary, including a Zoning Code Text Amendment.
Senior Planner Swati Pandey discussed the Zoning Code text amendment to allow a wall sign in excess of 200 square feet in the O-3 and O-4 zoning districts. The applicant is requesting a special permit for a wall sign 378 square feet in size and 163.41 feet high. The first amendment is to cap the square footage at 400 square feet. The second amendment draft language proposed will delete language regarding sign area maximum area.
Chairman Franklin asked why they would need to cap the square footage. Ms. Pandey responded in the Zoning Code there is a cap for 200 square feet and the Plan Commission can decide if they would like to cap it close to the current request of size or remove size restrictions. The applicant must come before the Plan Commission to receive a special permit if the wall sign exceeds 100 square feet in the O-3 and O-4 district. Any future applicants with signs in excess of 100 square feet, but compliant with 5% of wall area requirement, will require a special permit and the signs can be reviewed in detail by the Plan Commission on a case by case basis.
Tom Poupard, Director of Development & Planning Services noted the proposed sign complies with the 5% of the wall area requirement, which determines the proportionality of the sign to the wall.
Chairman Franklin commented a square footage cap is not needed because the applicant must come before the Plan Commission to receive a special permit.
Commissioner Elisco made a motion to approve Docket NO. PCD-20-07: 933 Skokie Blvd - Renaissance wall sign with amendment number 2 (eliminating square footage cap) and seconded by Commissioner DeBartolo; all were in favor.
6. CONTINUED REVIEW OF APPLICATIONS
A. DOCKET NO. PCD-19-11: 1103 WAUKEGAN ROAD - 7-ELEVEN GAS STATION & CAR WASH (Second Public Hearing.) An application filed by GW Northbrook 2, LLC as owner of 1103 Waukegan Road for the purpose of authorizing the following zoning relief: A) Repeal the existing special permit 68-43 for an auto laundry for the Subject Property; B) Special Permit to allow a Gasoline Service Station (SIC No. 5541.00) in the C-2 District; C) Special Permit to allow a Carwash (SIC No. 7542.00) in the C-2 District; D) Variation to reduce the required corner side yard (north) from 25’ to 6’ to accommodate proposed parking; E) Variation to reduce the required perimeter landscaped open space (north) from 25’ to 6’; F) Variation to reduce the required number of loading spaces from 1 to 0; G) Site Plan Approval; and H) Approval of such other zoning relief as may be necessary.
Senior Planner Swati Pandey discussed the proposed 7-Eleven Gas Station & Car Wash on 1103 Waukegan Road. The applicant is GW Northbrook 2, LLC and this is their second public hearing. The first public hearing was on August 18, 2020 and the Commission had discussed two issues with the proposed development. The first issue was the hours of operation and the second issue was to show a signed and striped loading area with an exhibit. The applicant is requesting to operate 24/7 (car wash hours 6 a.m. to 9 p.m.).
The Commission recommended the following: gas station/convenience store operation hours 6 a.m. to 11 p.m. and car wash operation hours 6 a.m. to 9.p.m. However, the applicant is not in favor of changing the hours of operation for the gas station/convenience store. The applicant submitted an alternative site plan with a new location for the trash enclosure, which eliminates two parking spaces. The Applicant has proposed one space at the previous trash location and therefore, loses only one parking space but still meets the minimum parking requirements for this facility. A Major Variation of the Zoning Code would be required, if the Commission chooses the alternative site plan with the trash enclosure shown along Shermer Road. A Special Permit spreadsheet was submitted to the Commission prepared by staff showing the gas stations in Northbrook that have been approved with a special permit. She noted three locations have received a special permit ordinance but only one had restrictions on their hours of operation. All public comments received have been added to the record.
Chairman Franklin requested clarification regarding the hour restrictions on the spreadsheet. Ms. Pandey responded the restricted hours apply to the special permit ordinance, and Waterway gas station has hours of operation restrictions through an Ordinance. She noted there are three locations that have a special permit ordinance in Northbrook.
Commissioner Riad requested clarification on the purpose of applying hour restrictions. Ms. Pandey responded if there is no ordinance the business can set their own hours.
Commissioner Riad asked how many properties operate with no restrictions. Tom Poupard, Director of Development & Planning Services responded the column labeled "Special Permit Ordinance Yes or No" will indicate if that location has a special permit.
Commissioner Collins asked if the state requires the applicant to close at 11 p.m. Chairman Franklin responded the applicant is requesting a special permit and the Village would like to restrict the hours of operation.
Commissioner Collins asked if the applicant is prohibited from operating 24/7. Ms. Pandey responded the applicant is not prohibited from operating 24/7.
Commissioner Riad asked when a special permit is required. Ms. Pandey responded the current ordinance requires gas stations to obtain a special permit to operate.
Mitch Goltz with GW Northbrook 2, LLC discussed the proposed 7-Eleven gas station & car wash on 1103 Waukegan Road. He presented photos of existing 7-Eleven gas stations and requested direction from the Commission regarding the trash enclosure. There will be zero light spillage from the property. The current special use permit on the property does not contain restrictions regarding hours of operation. The 7-eleven brand operates 24/7, which is a key element of the brand.
To be able to operate 24/7 requires a huge financial investment and a strong operational team. Currently, the gas station market is suffering during the pandemic crisis and to compete in the market requires a 24/7 investment.
Commissioner Collins asked why it is important to operate 24/7 when businesses do not generate a lot of revenue. Mitch Goltz responded the down time hours allows the operators to maintain the store and prep for the morning rush.
Commissioner DeBartolo asked how long the current operator will last. Mitch Goltz responded they have permanently shut down the location.
Chairman Franklin asked for a response regarding reported property maintenance issues. Mitch Goltz responded the violations are related to the demolition of the existing building.
Chairman Franklin asked what the process is for resolving existing property violations. Mr. Poupard responded the Village will apply for a court order to demand the owner to make repairs to the property and apply a lien against the property.
Mitch Goltz commented they will address the property violations.
Chairman Franklin noted the property owner is responsible for addressing all property violations.
Commissioner DeBartolo requested the property owner address the loitering issues. Mitch Goltz responded loitering is not promoted and the operator is responsible for maintaining the property. They have 24/7 surveillance on all 7-Eleven properties and have a great relationship with the Police Department.
Commissioner Riad asked if they don’t approve his request, what is his plan going forward. Mitch Goltz responded they plan on keeping the gas station shutdown.
Commissioner Riad asked how many employees will be onsite. Mitch Goltz responded 2 to 3 employees are needed to operate daily and they plan on hiring 10 employees.
Commissioner Collins asked why two 7-Eleven locations are needed in 1.3 miles radius. Mitch Goltz responded corporate made the decision to add a second 7-Eleven and the brands primary customer is within a 3-5-minute drive time. Furthermore, their location is meant to serve customers with a 3-5-minute drive time.
Chairman Franklin opened public comment.
Bob Sheedy, Board President of the Shermer Condo Association, stated their building is directly across Shermer Road to the North of the proposed gas station. He expressed concern regarding the 24/7 operation interfering with residents in the community. He noted there is no traffic from 12 a.m. to 5 a.m. and suggested the applicant schedule deliveries during the day.
Rob Cyr, Board President of the Shermer Condo Association, 1066 Shermer Road, stated he is not in favor of the applicants request and noted 54 individuals stated they are opposed to the 24/7 operation. Furthermore, he does not want to increase the traffic in the community.
Julie Jackson, 1066 Shermer Road, expressed concern regarding the trash enclosure near residential homes. In addition, she disagrees with the applicants’ traffic data. She noted there is no such thing as a "morning rush" in the small quiet community.
Ira Greenberg asked why the store operators can't clean when they are closed in the late hours. He noted the operator can effectively operate under the restricted hours in Northbrook. Furthermore, he requested the applicant use evergreens in their landscape design.
Mark Hornacek, 1066 Shermer Road, Northbrook, encourages the Plan Commission to vote against the zoning changes. He discussed how the community operates and anticipates the proposed development will increase crime in the neighborhood. In addition, he noted there are several 7-Eleven locations that do not operate 24/7.
Paul Sholty, 2410 Partridge, stated the applicant’s financial presentation is different from last time. The applicant never stated they were unable to generate revenue because they were not operating 24/7. Furthermore, he disagrees with the 3-5-minute drive time clientele and a 24/7 operation is not needed in the community.
Renee Goldstein, 1159 Waukegan Road, stated she is not in favor of a 24/7 operation and she noted the intersection is a hazard in the community.
Lona Louis, 1066 Shermer Road, expressed concern regarding the vacant property, which has gas tanks underground. She requested the Commission ensure the gas tanks are not leaking or polluting the ground water. In addition, she is not in favor of a 24/7 operation in the community.
Michaela Kohlstedt, Deputy Director read the comments received online from 1532 Chapel Court, which stated Mitch Goltz should sign an affidavit stating he never spoke with the owner about shutting down the gas station.
Mitch Goltz commented their goal is to redevelop an existing gas station and improve all safety hazards. The 7-Eleven brand operates 24/7, which is a key element of the brand. He is working with the residents to improve the proposed gas station project for the community. They will be increasing the parking space and offer convenience to the public.
Chairman Franklin closed public comment.
Commissioner Elisco stated he is in favor of the previously proposed hours of operation (gas station/convenience store operation hours 6 a.m. to 11 p.m. and car wash operation hours 6 a.m. to 9.p.m.). Furthermore, he prefers the original location of the trash enclosure. He noted the operator can still stock the store at night when the business is closed to the public.
Commissioner Collins concurs with Commissioner Elisco.
Commissioner DeBartolo asked if the Village would be opening itself to any litigation considering a similar 7-Eleven location with the same requested hours was approved recently at a different location. Village Attorney Stewart Weiss responded zoning petitions incorporate many different factors and can be specific to the geographic location and therefore the results can be different.
Chairman Franklin noted the Commission gives consideration to feedback received from residents in the community.
Commissioner DeBartolo stated he would like the trash enclosure to face Shermer Road and is in favor of granting the variance. He noted there are many residents in the community that could benefit from a 24/7 operation and he is in favor of approving a 24/7 operation.
Commissioner Morgen noted the 7-Eleven website states they do not operate 24/7 where it is prohibited by law. He is in favor of the previously proposed hours of operation (gas station/convenience store operation hours 6 a.m. to 11 p.m. and car wash operation hours 6 a.m. to 9.p.m.). Furthermore, he is in favor of the proposed trash enclosure.
Commissioner Riad concurs with Commissioner Elisco regarding the hours of operation. Furthermore, he prefers the original location of the trash enclosure.
Commissioner Sandler concurs with Commissioner Elisco and Commissioner Morgen. In addition, he is not in favor of a 24/7 operation in the community and has no preference regarding the trash enclosure.
Commissioner Torf stated there are residents who are in favor of a 24/7 operation. She disagrees that all 7-Elevens must operate 24/7, because not all 7-Elevens operate 24/7. Furthermore, she has no preference regarding the trash enclosure.
Chairman Franklin stated the site is an eyesore in the community. She noted the residents gave great testimony regarding their opposition towards a 24/7 operation. The 7-Eleven corporation gave a great presentation, which will improve the property for the community. Furthermore, she is not in favor of a 24/7 operation and would like the trash enclosure located near Shermer Road.
Chairman Franklin tallied up the trash enclosure preferences.
Village Attorney Stewart Weiss suggested an affirmative resolution granting the relief as requested by the applicant. Furthermore, he suggested the Commission approve the special permit with the Commissions requests (trash enclosure close the Shermer Road, gas station/convenience store operation hours 6 a.m. to 11 p.m. and car wash operation hours 6 a.m. to 9.p.m.).
Commissioner Elisco made a motion to approve Docket NO. PCD-19-11: 1103 Waukegan - 7- Eleven Gas Station & Car Wash, with hours of operation restrictions (gas station/convenience store operation hours 6:00 a.m. to 11:00 p.m. and car wash operation hours 6:00 a.m. to 8:00 p.m.) and trash enclosure with associated variation; seconded by Commissioner Melnick; all were in favor.
7. OLD BUSINESS
Tom Poupard, Director of Development & Planning Services reported President Frum sent a letter to all the Commissions requesting information on what they are working on and how it aligns with the Boards initiatives. The Board is focusing on sustainability & climate change, communication and diversity.
Chairman Franklin commented the Commission will further discuss this matter.
8. NEWBUSINESS 9. ADJOURN
Commissioner Sandler made a motion, seconded by Commissioner DeBartolo to adjourn. On voice vote, a motion to adjourn passed unanimously. Adjourned at 9:37 p.m.
http://northbrookil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=1519&Inline=True
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