Village of Northbrook Plan Commission met April 5.
Here are the minutes provided by the commission:
1. CALL TO ORDER
| Attendee Name | Title | Status | Arrived |
| Steven Elisco | Chairperson | Present | |
| Jeff Sandler | Commissioner | Absent | |
| Jeremy Melnick | Commissioner | Absent | |
| Mark DeBartolo | Commissioner | Present | |
| Allen Morgen | Commissioner | Present | |
| Amy Torf | Commissioner | Present | |
| Eric Schwager | Commissioner | Absent | |
| 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 |
2. MINUTES APPROVAL - March 15, 2022
Plan Commission - Plan Commission - Mar 15, 2022 7:30 PM
| RESULT: ACCEPTED [UNANIMOUS]
MOVER: Keri Halperin, Commissioner SECONDER: Ken Walden, Commissioner AYES: Elisco, DeBartolo, Morgen, Torf, Walden, Halperin, Yu, Pandey, Kohlstedt ABSENT: Sandler, Melnick, Schwager, Prather |
Deputy Director of Development and Planning Services Chan Yu reported the Board will be reviewing streamlining the 6b process on April 12, 2022. The plan to streamline the process includes: shortening the public comment period by forwarding applications to community bodies before the Village Board preliminary review, thus allowing community bodies to schedule review of 6b requests for its board/commission agendas and reducing the 45-day public comment period to 30 days. Furthermore, the Toyota Dealership (located at 1510-1530 Skokie) will be submitting formal zoning applications to the Village for review. The Village supports the 6b request submitted for a former Walgreen's building (4000 Commercial Avenue) and the applicant applied for a demo/site work permit (industrial spec building).
The Village received a preliminary review application for Rosewater Assisted Care (9,080 square foot, two-story assisted living facility) located at 2944-2960 Dundee Road.
4. HEAR FROM THE AUDIENCE
5. REVIEW OF DRAFT RESOLUTIONS
A. DOCKET NO. PCD-22-04: Zoning Code Amendment for Shopping Center Parking (Public Hearing is Closed). An application filed 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 I-B Parking and Loading Requirements of Article IX of the Village’s Zoning Code; and (B) Such other amendments to the Northbrook Zoning Code, as may be required.
Commissioner Torf made a motion to approve resolution #22-PC-04 (PCD-22-04), as prepared and submitted by staff; seconded by Commissioner Morgen. On voice vote, all were in favor. (6 Yes Votes, 0 No Votes)
6. CONTINUED REVIEW OF APPLICATIONS
A. DOCKET NO. PCD-21-13: 2420-2450 LANDWEHR ROAD - SEVEN-LOT SUBDIVISION (Second Public Hearing.) An application filed by Amazing Homes Developers LLC, as the owner of the property commonly known as 2420-2450 Landwehr Road, for the purposes of authorizing the following zoning relief: (A) Rezoning from the R-1 Single Family District to R-4 Single Family Residential District; (B) Subdivision Variation to reduce the required lot depth requirement for Lot 7 from 125’ to 118.11’; (C) Approval of a tentative plat of subdivision for a 7-lot subdivision; and (D) Approval of any other such variations, waivers, and zoning relief as may be necessary.
Senior Planner Swati Pandey discussed an application submitted by Amazing Homes Developer, LLC, for a seven-lot subdivision, located at 2420-2450 Landwehr Road. The applicant submitted a response letter (dated March 18, 2022) addressing raised concerns and questions. The Village received a revised landscape plan for screening, which will provide 25% approximate screening initially and 66% upon maturity. The residents in the neighborhood informed the Village they are not satisfied with the revised landscape plan. The applicant has not committed to two of the recommended sustainable measures (low VOC paints and irrigation system with water sensing feature). Sustainability Coordinator Tessa Murray reviewed the landscape plan and determined the plan is in compliance with the requirements (regarding native species).
Chairman Elisco opened public comment.
Michael Ben-Isvy, 3208 Highland Road, Northbrook, stated the developer refused to meet with the adjacent property owners and address the concerns raised. He requested the Commission require the applicant to establish a full landscape barrier to maintain privacy. He disagrees with the developer’s comments regarding the landscape barrier be a shared expense with the adjacent property owners.
Marianna Barsky, 2400 Highland Road, Northbrook, concurs with Mr. Ben-Isvy. She expressed concern regarding the revised landscape plan submitted by the applicant. She noted the landscape plan provides no privacy to the adjacent property owners. The trees should be planted every 3 to 4-feet to create sufficient privacy.
Commissioner DeBartolo asked what revisions were made to the revised landscape plan. Ms. Pandey responded the applicant changed the feet measurement to propose new landscape material at 15-feet (previously 20-feet) on center.
Commissioner Walden requested clarification on the tree spacing requirements. Karl Smolov, the Applicant responded that the landscape architect recommended 15-feet to prevent overgrowth.
Boris Barsky, 2400 Highland Road, Northbrook, commented evergreen trees can be planted every 6-feet. The proposed revised landscape plan provides inadequate privacy for the adjacent land owners.
Commissioner Halperin questioned if the developer must comply with a privacy obligation. Village Attorney Stewart Weiss responded the code does not include a privacy obligation for subdivisions. The rezoning allows the Village to recommend/impose conditions.
Chairman Elisco asked if the new property owners have the right to remove the trees. Mr. Weiss explained the property owners have the legal right to remove the trees. The Village could require a covenant be recorded against the lots requiring the property owners to maintain the landscaping, however, the enforcement of such a covenant would be difficult and time consuming given the number of different property owners.
Commissioner DeBartolo made a motion to close the public hearing; seconded by Commissioner Halperin. On voice vote, all were in favor. (6 Yes Votes, 0 No Votes)
Commissioner DeBartolo thanked the residents for submitting feedback. He suggested the developer meet with the residents to discuss reducing the revised landscape plan footage to 10- feet. Furthermore, he has no concerns regarding the revised landscape plan.
Commissioner Halperin concurs with Commissioner DeBartolo. She suggested the developer meet with the residents and she has no concerns regarding the revised landscape plan.
Commissioner Morgen stated he favors the revised plan and the adjustment made by the developer.
Commissioner Torf stated the revised plan does not provide privacy for the adjacent property owners; however, the proposed use is appropriate.
Commissioner Walden stated it would be inappropriate for the Commission to recommend greater landscaping. He suggested the developer meet with the residents to alleviate concerns. He noted closer spacing is recommended for evergreen trees.
Chairman Elisco stated he supports the revised plan and the three mentioned climate action plan items. He noted the plan presented is very appropriate and includes only one variation. Furthermore, evergreen trees should be planted 10-feet apart, which allows great growth and creates privacy. He asked if the Commission would like to include a 10-foot planting stipulation in the resolution.
The Commission agreed to add a 10-foot on center planting stipulation in the resolution.
Commissioner DeBartolo made a motion to approve resolution #22-PC-05, 2420-2450 Landwehr, as prepared and submitted by staff, subject to paragraph 2f include that the parameter landscape screening consist of the specified plants spaced at 10-foot on center; seconded by Commissioner Morgen. On roll call vote, all were in favor. (6 Yes Votes, 0 No Votes)
7. REVIEW OF NEW APPLICATIONS
A. DOCKET NO. PCD-21-19: 1103 WAUKEGAN ROAD - STARBUCKS WITH DRIVE-THROUGH (First 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 from 1968; (B) Special Permit to allow a Drive-Through facility accessory to an Eating Place (SIC No. 9980.00); (C) Variation to reduce the required front yard (west) from 25’ to 10’ and corner side yard (north) from 25’ to 5’4”; (D) Variation to reduce the required rear setback (east) from 25’ to 17’; (E) Variation to reduce the required ground sign setback from 15’ to 8’1”; (F) Variation to reduce the required perimeter landscaped open space (north) from 25’ to 5’4”; (G) Variation to reduce the required number of loading spaces from 1 to 0; and (H) Site Plan Approval; and (I) Approval of such other zoning relief as may be necessary.
Senior Planner Swati Pandey discussed an application submitted by GW Northbrook 2, LLC, for a Starbucks with drive-through, located at 1103 Waukegan Road. The property is zoned C-2 Neighborhood Commercial District and the Comprehensive Plan identifies the property as appropriate for Community Retail uses. The Board reviewed the application on August 10, 2021 and determined the use/site plan to be acceptable. The changes to the plan include: partial second lane was added to the drive-through, bypass lane removed, the outdoor patio was moved to the front of the restaurant and bicycle racks were added. Furthermore, the proposed site design includes full access on Shermer Road and a Right-in/Right-out on Waukegan Road. The drive-through is shown wrapping around the building on the south and east side.
The stacking of cars on the site plan amounts to sixteen and Starbucks proposed operation hours: 5:00 am to 10:00 pm. The total number of parking space for the site amounts to 38 spaces and the proposed loading area does not comply with locational requirements for a loading space. A six-foot tall fence is proposed along the east property line, which is adjacent to the residential district. The bike rack will be installed adjacent to the Starbucks door and the plan includes a pedestrian connection to existing sidewalks. Furthermore, the maximum building height is 19-feet and the primary building materials include: brick veneer, EIFS and stone veneer. She discussed the various proposed signage for the site. The wall signs are in compliance with the Zoning Code and style is channel letters. She provided an overview of the requested variations and items the Commission should consider.
Commissioner DeBartolo asked what the operation hours are for the site. Ms. Pandey responded the proposed operation hours for the store/drive-through are from 5:00 am to 10:00 pm (seven days a week).
Commissioner Torf requested clarification on the trash location. Ms. Pandey explained the trash enclosure is part of the building. The applicant will be able to explain how the restaurant will be able to access the trash.
Commissioner Walden asked if a fence exists along the eastern edge of the property. Furthermore, can people turn left on Waukegan Road to travel south. Ms. Pandey responded yes, a fence exists. She explained the access is a right-in/right-out only on Waukegan Road.
Commissioner Walden asked if the site plan includes an accessible pathway. Ms. Pandey responded the Public Works Department and Building Department will review the sidewalks/pathway to determine ADA (Americans with Disabilities Act) compliance.
Mitch Goltz, 2211 Elston Avenue, Chicago, IL 60614, stated they have owned the property for several years. The proposed variances are identical to ones granted by the Village several years ago. He provided an overview of the proposed site plan design and tenant spaces. The existing fence on the property will be relocated to accommodate the site plan. The trash is attached to the building and accessible to all tenants.
To note, trash pick-up and deliveries will take place in the rear of the space. Furthermore, the sidewalks are ADA compliant and the site access was approved by IDOT. The five curbs will be consolidated into two curb cuts to allow more landscaping and pedestrian activity. He discussed the proposed landscaping details and property enhancements. He showed a truck turning exhibit of the garbage/delivery trucks, which will not interfere with customers. Furthermore, they are working on obtaining the demolition permit for the site.
Commissioner Torf commented Mr. Goltz answered her question regarding the trash enclosure. Mr. Goltz explained how Starbucks will be the main trash driver.
Commissioner DeBartolo asked if the applicant remedied concerns with the adjacent property owners. Mr. Goltz responded the site plan was adjusted and they are not seeking access variations.
Commissioner Morgen expressed concern regarding drive-through traffic. Mr. Goltz responded the site stacking is double the requirement to mitigate traffic concerns. He noted many people are taking advantage of online ordering and 65% of the business is drive-through clientele.
Chairman Elisco asked if the special permit applies to the western retail building. Village Attorney Stewart Weiss responded the retail building does not require a special use permit. The drive-through is the only one that requires a special use permit.
Chairman Elisco asked how the Village will control the business hours for future tenants. Ms. Pandey explained the Village does not regulate hours of operation for retail establishments.
Chairman Elisco questioned if the Village can only control hours for special permits. Mr. Weiss explained how special permits allow the Village to establish operating hour conditions. To note, the Village does not impose business hours for retail establishments without a special permit.
Chairman Elisco opened public comment.
Katie Wright, 1133 Court West, expressed concern the drive-through will cause traffic impacts and pedestrian safety. She believes the property is not appropriate for a Starbucks establishment.
George Garner, 1109 White Mountain, asked if the public will be able to comment on the landscape design at the next meeting. Chairman Elisco responded yes, public comment will be available at the next meeting.
Mr. Garner asked if the entrance will affect their existing entrance. Furthermore, he expressed concern the drive-through will cause traffic impacts. Chairman Elisco responded no, the traffic engineer will speak after public comment and address any questions.
Bob Sheedy, President of the Shermer Condo Association, 1088 Shermer Road, asked if the property lighting will be directed inward. Chairman Elisco responded the downward lighting will be directed inside the property.
Mr. Sheedy asked if the operation hours will be adjusted later on the weekends. Furthermore, he asked if the outside lighting will be turned off after 10:00 pm. Ms. Pandey responded no, the hours will remain the same seven days a week. Chairman Elisco noted the petitioner will address the lighting question after public comment.
Sheila Czajka, 990 Shermer Road, stated East Shermer Road (Waukegan to Dundee) is owned by IDOT. She expressed concern regarding the 40-45 mile per hour speed limit, high accident rate, no center median and traffic impacts. Furthermore, she agrees with Commissioner Morgen's drive-through traffic concerns and believes the fencing should be moved closer to the property. To note, she favors the flower landscape design.
Michael Werthmann, Principal with Kenig, Lindgren, O’Hara & Aboona Inc, stated he conducted a traffic study for the proposed development. The Starbucks data shows the main driver of their traffic is bypass traffic (65%-70%) and peak traffic is present only in the morning. The gas station/car wash generated a similar volume of traffic and the applicant is replacing an existing use on the property. The site access will be improved by eliminating 5 full access drives down to 1.5 drives, which will enhance pedestrian safety. The right-in/right-out design is an outstanding improvement for Waukegan Road. The vehicle stacking is extremely large to help mitigate traffic. The Village consultant and IDOT reviewed the report and agree with the traffic study findings.
Chairman Elisco recommended additional signage for pedestrian safety. Mr. Werthmann agrees with the recommendation.
Chairman Elisco asked if the "porkchop island" concerns were remedied. Mr. Werthmann explained how IDOT expressed no concerns regarding the site plan; however, they will continue to work with the Village to remedy expressed concerns. He noted they cannot prevent people from breaking the law by making left turns.
Mr. Sheedy asked if the outside lighting will be turned off after 10:00 pm. Mr. Werthmann responded the lights will be dimmed for security purposes and compliance with the Village Code. He provided an overview of the pedestrian safety measure established in the site plan.
Mr. Werthmann commented the access point will not interfere with Mr. Garner's existing entrance.
Commissioner Halperin made a motion to close the public hearing; seconded by Commissioner Morgen. On voice vote, all were in favor. (6 Yes Votes, 0 No Votes)
Commissioner Morgen expressed concern regarding drive-through traffic impacts on Waukegan Road. He discussed how Starbucks businesses generate a lot of traffic. He questioned if the entrance can be moved further to the left to provide more car stacking. He believes the proposed site plan is too dense for the property.
Commissioner Torf stated she loves the idea of adding a new Starbucks Downtown. She expressed concern regarding drive-through traffic impacts on Waukegan Road and entrance/exit safety. However, she supports the proposed use for the property.
Commissioner Walden expressed concern regarding drive-through traffic impacts on Waukegan Road and vehicles exiting the property. He suggested the Village perform a study on the proposed drive-through.
Commissioner DeBartolo stated he has no concerns regarding the variations. The applicant is limited on how much larger the drive-through can be increased and the proposed vehicle stacking exceeds other locations. The project will greatly contribute to developing the area for the community.
Commissioner Halperin stated she favors the proposed development project. She anticipates many people will order inside. She expressed concern regarding vehicles trying to leave the property.
Chairman Elisco stated he agrees with his fellow Commissioners. He requested the applicant supply more traffic data for the Village to review and make an appropriate decision. He asked if the applicant is willing to provide the requested information.
Commissioner DeBartolo made a motion to reopen the public hearing; seconded by Commissioner Walden. On voice vote, all were in favor. (6 Yes Votes, 0 No Votes)
Mr. Goltz commented the 16-car stacking is an example of possible drive-through traffic. The traffic study supplied to the Village includes numerous data statistics. He encouraged the Commission to review the traffic study submitted to the Village.
Chairman Elisco questioned why a Starbucks representative is not in attendance. He requested the applicant outline which pages are pertinent to the project in the traffic study. Mr. Goltz responded they are the developers for the project, and they supply the evidence needed for project review. The proposed project is the only Starbucks with an extreme amount of vehicle stacking.
Chairman Elisco noted discussion will be continued to the next public hearing. He requested the applicant supply site plans for other Starbucks locations with high traffic as examples; provide a more targeted data from the traffic study showing comparisons of stacking; and show additional pedestrian signage on the site plan for safety. Mr. Goltz responded he will supply the requested information to the Village.
Commissioner Walden asked how Starbucks addresses traffic impacts. Mr. Goltz explained how Starbucks establishments alleviate traffic congestion. To note, many of the existing site plans have less stacking compared to the proposed site plan. The Starbucks Company will relocate their business if there are extreme traffic issues.
Commissioner Halperin commented she has witnessed Starbucks close their drive-through due to staff shortages and traffic impacts.
Mr. Goltz explained how Starbucks has great experience in managing their hundreds of establishments nationwide. The vehicle stacking in the site plan will prevent spillage off the property.
Commissioner DeBartolo made a motion to continue the public hearing to April 19, 2022; seconded by Commissioner Halperin. On voice vote, all were in favor. (6 Yes Votes, 0 No Votes)
Commissioner DeBartolo made a motion to have staff prepare a resolution as submitted for the April 19, 2022 meeting; seconded by Commissioner Torf. On voice vote, all were in favor. (6 Yes Votes, 0 No Votes)
8. OLD BUSINESS
Commissioner DeBartolo asked if the Jacobs development will be rental units. Village Attorney Stewart Weiss responded the developers will incorporate rental units in their development project. The approval documents require the development to be owner occupied or a condo development.
Chairman Elisco asked if the developer has any legal responsibilities regarding the homeowner’s association. Mr. Weiss explained the split ownership between the owner of the rental properties and management group.
9. NEW BUSINESS
10.ADJOURN
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