Village of Northbrook Plan Commission Met March 2.
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 | |
| Eric Schwager | Commissioner | Remote | |
| Marcia Franklin | Chairman | Remote | |
| Michaela Kohlstedt | Director | Remote | |
| Chan Yu | Deputy Director | Remote | |
| Swati Pandey | Planner | Present | |
| Stewart Weiss | Village Attorney | Remote |
A. Plan Commission - Joint Plan Commission and ACC Meeting - Feb 16, 2021 7:30 PM
Commissioner Sandler moved to approve the February 16 minutes as presented. The motion was seconded by Commissioner DeBartolo. On voice vote, all were in favor.
Commissioner Elisco requested the word "remolding" be changed to "remodeling" (page 7, line 33). Chairman Franklin noted two typos, such as “ADU” and “created”.
Commissioner Sandler moved to approve the changes to the February 16 minutes. The motion was seconded by Commissioner DeBartolo. On voice vote, all were in favor.
| RESULT: ACCEPTED AS AMENDED |
Michaela Kohlstedt, Director commented that the Climate Planning Action Team reviewed the action items and will be assigning the action items to different public and private entities and assign primary and secondary responsibilities including several departments of the Village. The next meeting is scheduled on Monday, March 8, 2021. At the next meeting, the team will assign a lead person to oversee the action items and assign participants to support the lead. The Board of Trustees approved an ordinance for Short Term Rental. The ordinance states the owner or long-term tenant must be present on the property and no more than two bedrooms within a dwelling unit may be used or offered as a short-term rental.
In addition, each bedroom should not be occupied by more than two adults and no short-term rental may be for a period shorter than two consecutive nights. The Board of Trustees reviewed a preliminary review to amend sign regulations, which is a Village initiated application. Furthermore, a second preliminary review was conducted for a 3-lot subdivision at 2005 Techny Road. Lastly, the Board reviewed a special permit renewal for Understated Detailing at 1902 Techny Road. The special permit for Understated Detailing was previously approved one year ago by the Plan Commission.
Next week the Board will conduct a preliminary review for a craft grow facility. She noted the Plan Commission meeting on April 6, 2021, is cancelled.
Commissioner DeBartolo questioned if the property located at Shermer & Waukegan has any outstanding zoning violations. Ms. Kohlstedt responded she will follow-up with the Code Enforcement Officer. She noted the first adjudication hearing is scheduled on March 18, 2021.
Commissioner DeBartolo asked if the developer owns the property located at Shermer & Techny Road. Ms. Kohlstedt responded yes.
Commissioner DeBartolo asked if the property located at Shermer & Techny Road, has any outstanding zoning violations. Ms. Kohlstedt responded they are working with the applicant to resolve a demolition violation.
Commissioner Sandler asked if the existing 7-11 will remain open. Ms. Kohlstedt responded that the operator still has a lease at the current location.
Chairman Franklin asked if the applicant abandoned the second location. Ms. Kohlstedt responded she contacted the applicant regarding the property located at Shermer & Techny Road and the developer has stated they are no longer pursuing the 7-11 at that site.
Commissioner DeBartolo asked if the Marathon located at Dundee & Waukegan, will be opening to the public. Ms. Kohlstedt responded the property has numerous problems but since it has been under construction, it has made significant progress.
4. HEAR FROM THE AUDIENCE
5. REVIEW OF NEW APPLICATIONS
A. Docket No. PCD 21-01 - Village of Northbrook - Residential Message Sign Text Amendment (FIRST PUBLIC HEARING). This is an application by the President and Board of Trustees of the Village of Northbrook to consider amending the following sections of the Northbrook Zoning Code (1988), as amended: (A) Amend Part 1-C Sign Regulations of Article IX of the Village’s Zoning Code; and (B) Such other amendments to the Northbrook Zoning Code, as may be required.
Village Attorney Stewart Weiss discussed the residential message sign text amendment.
The current Zoning Code definition of “Political Sign” and related regulations, read as follows: Section 9-106 E
• Political Sign. A temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.
Section 9-106 F
• Political Signs. Subject to the following conditions:
o Number. Such signs shall be limited to one (1) sign for each candidate or issue position appearing on a ballot in any national, state, or local election per zoning lot. On zoning lots with multiple frontages, one (1) sign per candidate or issue position shall be allowed for each frontage. Political signs containing the names of multiple candidates shall be counted as representing only one of the candidates listed on the sign.
o Size. Such signs shall not exceed six (6) square feet in area.
o Location. Such signs shall only be allowed to be located on private property pursuant to consent of the owner of the zoning lot.
o Identification. Such signs shall be clearly marked with the name, address and telephone number of the person responsible for the removal of such sign.
Currently, political signs are permitted in any district without a certificate or fee. Since the Supreme Court’s 2015 decision in Reed v. Town of Gilbert, federal courts have become increasingly skeptical of any municipal sign regulations that appears to discriminate against noncommercial signs based on their communicative content. In Reed, the Court ruled that any regulation that treated non-commercial signs differently based on the content of the message communicated by the sign risked abridging the freedom of speech guaranteed by the First Amendment and was automatically subject to the highest level of judicial scrutiny. In the Reed case, the Town of Gilbert’s Sign Code included separate sign classes for “Ideological Signs,” “Political Signs,” and “Temporary Directional Signs Relating to a Qualifying Event,” with regulations regarding size, permitted location, and allowable duration, which differed based on the class of sign. The Court found that these distinctions were based solely on the signs’ content, and that such differential treatment amounted to an unconstitutional restraint of protected speech.
Other legal limits on "Personal" signs:
• Cannot limit the number of signs
• Cannot limit the duration political signs are posted for (Illinois State Law) ∙ Cannot ban vulgarity
• Cannot treat commercial sign more favorable
What can still be regulated:
• Distinguishing between non-commercial and commercial signage
• On-premises vs. Off-premises signs
• Prohibiting signage on public property
• Content-neutral regulations based on physical characteristics
Suggested amendments to Village's sign regulations:
• Eliminate the definition of "Political Sign"
• Add new sign category: Non-Commercial Message Sign
• Permitted without a certificate or fee pursuant to Section 9-106 F of the Zoning Code; ∙ Permitted in residential districts and other districts that allow residences pursuant to Section 9-106 H;
• Limited to the following dimensions:
o A maximum surface area of six square feet per side;
o A maximum height determined by the Plan Commission, so long as is it no more restrictive that other classes of signs, including commercial signs, permitted to be located on properties used for residential purposes.
o May not incorporate animated or automatically changing graphics;
o May not be internally or externally illuminated;
o Must be a removable sign that is not permanently affixed, applied, or painted on a wall or other surface or structure on the premises; and
o Must be maintained in a state of good repair.
• Amend regulations on all other signs allowed without a certificate or fee to ensure that Non-Commercial Message Signs are not treated less favorable.
Commissioner Torf requested clarification on the types of signs the regulations apply to. Michaela Kohlstedt, Director responded they are not restricting the number of signs, but the size of the sign.
Mr. Weiss commented some communities might consider five large letters one sign. He noted the Commission needs to consider the size of the sign with messages. Furthermore, each individual free-standing element will be judged by its own dimensions.
Chairman Franklin asked if the amendments address sight issues. Mr. Weiss responded yes, they address location, height and size.
Commissioner Schwager asked if the public can leave the sign up for a year. Mr. Weiss responded yes.
Commissioner Elisco commented the intent is to eliminate the definition of "Political Sign" across all districts.
Mr. Weiss commented they are broadening the definition to capture signs that have not been defined, such as graduate signs. Furthermore, the Village receives many questions from the public regarding the types of signs allowed. The goal is to create sign guidelines for the public to utilize.
Commissioner Elisco asked if the proposed amendments define residential and commercial property. Mr. Weiss responded that matter is under works.
Ms. Kohlstedt commented that currently political signs are allowed in every district.
Chairman Franklin commented the Village can regulate commercial signs advertising their business, but the Village cannot restrict the ability of commercial property owners to post other signs on their property.
Commissioner Morgen requested clarification on signage compliance. Mr. Weiss commented the Village must be selective on how they enforce the current code.
Commissioner Elisco suggested the Commission review the list of signs. He asked if there are any types of signage not covered under functional signs. Ms. Kohlstedt responded "Political Sign" will be replaced with "Non-Commercial Message Sign".
Mr. Weiss commented the Village is not concerned with commercial signs at this time.
Commissioner Elisco requested clarification on memorial signs. Mr. Weiss responded the sign must be removable and in compliance with the regulations. He noted headstones and monument signs are separately categorized.
Commissioner Sandler asked if they should limit the location of the signage.
Chairman Franklin commented the goal is to determine if they should approve the amendments regarding allowable height and setbacks.
Mr. Weiss commented the sign area recommendation is 6 square feet.
Deputy Director Chan Yu commented the Commission should consider the following: maximum heights, location of signs and illumination of signs. The goal is to create regulations that are no more strict than commercial signage.
Chairman Franklin asked if there is a difference in location when comparing home occupation signs and private sales signs. Mr. Yu responded the location is the same.
Chairman Franklin asked why the Village would like to change the following: maximum heights, locations of signs and illumination of signs. Ms. Kohlstedt responded that the other signs allowed in the code without a sign permit are name plate signs, informational signs and private sales signs.
Chairman Franklin requested clarification on the legality issues regarding the proposed "Non Commercial Message Sign". Mr. Weiss responded they must follow the same rules for private sales signs.
Commissioner Elisco asked what general standard applies to all signs and private sales signs. Ms. Kohlstedt responded he should review section l06-D and she read the restrictions to the Commission.
Deputy Director Chan Yu commented the regulations contain brightness limitation standards, which cannot exceed 175 feet.
Commissioner Elisco commented the same language should be used for private sales signs.
Ms. Kohlstedt commented signs that do not require permits are not allowed to be illuminated.
Chairman Franklin asked if the Village can remove the ability to illuminate signs without staff review. She expressed concern allowing illuminated signs without any Village oversight.
Commissioner Elisco asked if the regulations apply to residential and commercial property. Ms. Kohlstedt responded they would.
Commissioner Elisco commented the maximum height should be 4 feet and the location should be the same as the others, with no illumination.
Ms. Kohlstedt commented real estate signs are considered their own entity. Chairman Franklin commented garage sale signs do not need to be illuminated.
Commissioner Elisco asked if signs can be illuminated on commercial properties. Mr. Weiss responded the property itself might be generally illuminated.
Ms. Kohlstedt read the illumination regulations to the Commission.
Chairman Franklin asked if the Commission can amend the code to not allow illumination. Mr. Weiss responded if the Commission decides to remove the possibility of illumination of private sales signs, it would be covered under the "Catch All" provision.
Commissioner Torf asked if a garden light can be used to illuminate a sign. Ms. Kohlstedt responded that scenario would be further review by the Commission.
Chairman Franklin commented putting a light in the ground is different from putting up an illuminated sign. Ms. Kohlstedt responded illumination is considered 12 inches away from the sign.
Commissioner Torf asked if holiday decorations can be any size and illuminated. Ms. Kohlstedt responded yes and read the holiday regulations to the Commission.
Commissioner Torf asked if birthday signs or graduation signs can be considered a holiday decoration.
Commissioner Torf commented the public might take advantage of the holiday season to post large illuminating objects.
Deputy Director Chan Yu read the definition of "Holiday" to the Commission. Commissioner Torf commented the proposed regulations are very restrictive. Commissioner Torf commented decorative lights might cause issues regarding sign illumination.
Ms. Kohlstedt commented she does not know of anyone using illumination on disposable or temporary signs.
Mr. Weiss commented the issue the Village is trying to remedy is the use of offensive signs. The goal is to determine what is acceptable for the different types of sign uses.
Commissioner Morgen commented the regulations should be uniform and simple. He noted he is in favor of smaller signs.
Commissioner DeBartolo stated he is in favor of 4 feet in height and illumination should be consistent with other sign regulations.
Commissioner Riad stated he has no opinion on the matter.
Commissioner Schwager stated he agrees with his fellow Commissioners and would like to see consistency in the regulations (maximum height and illumination).
Commissioner Melnick stated he agrees with the maximum height and setback requirements. However, he does not agree with the use of illumination signs during the holidays. He discussed a sign located on the fence blocking the view of subdivisions in the community.
Ms. Kohlstedt commented if an expression sign was posted on a fence, it can only be 6 square feet in area and 4 feet in height. Furthermore, if the Village proposes a setback, the square footage is harder to determine. She asked what the recommend language is for location of the sign on private property and setback requirements. Mr. Weiss responded the setbacks were not specified.
Ms. Kohlstedt questioned if a "Non-Commercial Message Sign" would be allowed on a fence.
Chairman Franklin commented there are setback issues regarding the size of the sign and questioned if setbacks are needed. She noted the setbacks would eliminate the signs on the fence. Furthermore, she asked the Commission if a 6-foot setback is needed.
Mr. Weiss commented the Commission can eliminate the 6-foot setback requirement. He asked if sight triangles include driveways. Ms. Kohlstedt responded no and read the site triangle regulations to the Commission. She noted sight triangles are considered the intersections of two streets that do not have a stop sign or traffic signal.
Chairman Franklin asked if they can address the concern by hanging a one-dimensional sign from a fence. Ms. Kohlstedt responded the sign is not allowed in the public right of way and must be placed on private property.
Commissioner Sandler stated he is in favor of placing the signs within a setback area to prevent hazards.
Commissioner Elisco requested clarification on illumination of sale signs. Mr. Yu responded no illumination on home occupation signs.
Ms. Kohlstedt discussed the signs that allow illumination, such as warning signs and security signs. She noted there are not set regulations across the board regarding illumination. However, the maximum square feet and height are consistent.
Mr. Weiss requested feedback from the board on how to regulate all the different signs and they plan on presenting recommended language at the next meeting.
Commissioner Elisco made a motion for staff to prepare a resolution authorizing the realignment of non-permitted signs in size, height, setback and illumination, seconded by Commissioner Sandler. On voice vote, all were in favor.
Chairman Franklin requested consistent recommendations.
Ms. Kohlstedt commented they can present a resolution at the next meeting on March 16, 2021.
Mr. Weiss commented they will continue the public hearing for further discussion and requested the Commission submit feedback to the Village.
Commissioner Elisco made a motion to continue the public hearing to March 16, 2021, seconded by Commissioner DeBartolo. On voice vote, all were in favor.
6. OLD BUSINESS
Chairman Franklin commented the Commission will be reviewing a letter to send to the Board of Trustees, which will summarize their feedback regarding accessory dwelling units.
7. NEW BUSINESS
8. ADJOURN
Commissioner DeBartolo made a motion, seconded by Commissioner Elisco to adjourn. On voice vote, a motion to adjourn passed unanimously. Adjourned at 9:09 p.m.
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