Lake County Gazette

Village of Deerfield Plan Commission met January 11.

Here is the minutes provided by the Commission:

The Plan Commission of the Village of Deerfield called to order a Public Hearing at 7:30 p.m. on January 11, 2018 at the Village Hall, 850 Waukegan Road, Deerfield, Illinois.

Present were: Larry Berg, Chairman

Al Bromberg

Sean Forrest

Jennifer Goldstone

Justin Silva

Absent were: Elaine Jacoby

Stuart Shayman

Also present: Jeff Ryckaert, Principal Planner

Daniel Nakahara, Planner

Matthew Rose, Village Attorney

Chairman Berg swore in all who plan to testify before the Commission.

Public Comment on a Non-Agenda Item:

There were no comments from the public on a non-agenda item.

Public Hearing:

(1) Continued Public Hearing: Request for Approval to a Vacation of a Building Line at 755 Summit Drive

Petitioner Paul Suder addressed the Commission stating that he represents the land trust that owns the 755 Summit Drive property. Mr. Suder stated that they are seeking approval of vacation of a building line in the two-lot subdivision subject to the adjacent neighbor’s signature of the waiver, which they anticipate will be signed in the next two to three weeks.

Mr. Suder stated that the building line was originally established for the property in 1991 when it was divided into two lots for two single-family homes. The building lines that were laid out by the developer and owner at that time were for the purpose of creating space between two houses to be built on the two-lot subdivision. The house at 755 Summit was then in a regulatory flood plain and the Village of Deerfield’s continued participation in the flood insurance program was jeopardized and the property was given a violation. In July 2016, FEMA agreed to the revised floodway. Mr. Suder clarified that the vacation is for the north building line only, the south, east and west lines remain the same.

Commissioner Bromberg confirmed that the neighbor has not yet signed the waiver. Mr. Suder stated that they are in discussion with the neighbor and have received verbal agreement. The neighbor has agreed to sign the waiver when they present him with a plan and budget for landscaping on the 755 Summit Drive property. Commissioner Bromberg asked if they foresee any problems. Mr. Suder replied that they are confident the neighbor will sign.

Village Attorney Matthew Rose commented that the neighbors may include their own parameters on the agreement. Mr. Rose added that the Plan Commission and the Village Board can approve this item subject to the waiver being signed, but ideally the waiver will be signed before it goes through the Village Board for final approval. He stated that there is no deadline or timeline for the waiver, but the Commission can make a recommendation on this matter with a deadline as a condition.

Mr. Suder commented that the neighbor’s concern is regarding landscaping. He would like a few trees to be added around the retention pond to screen it from the shared driveway.

Commissioner Goldstone asked the Mr. Rose what happens if the neighbor does not sign the waiver. Mr. Rose replied that the petitioner could then request it as a single lot subdivision, which would require a new legal notice. He added that the petitioners can proceed on both tracks at the same time. Mr. Suder stated that their engineer is working on this process as well just in case they have problems with the neighbor signing the waiver.

There were no comments from the public on this matter.

Chairman Berg asked for a motion to close the Public Hearing. He stated that the Plan Commission will now meet in an open workshop setting to consider their recommendation on this matter. He stated that a written recommendation will be made to the Village Board who will make the final binding decision on this matter. Commissioner Bromberg moved, seconded by Commissioner Forrest to close the Public Hearing. Said motion passed with the following vote:

Ayes: Bromberg, Forrest, Goldstone, Silva, Berg (5)

Nays: None (0)

(2) Public Hearing: Request for Approval on the Redevelopment of the 99 S. Waukegan Road Property (former Office Depot property); a Special Use for a Chick-Fil-A Restaurant over 3,000 Square Feet with a Drive-Thru, and a Text Amendment for a Multiple Use Unified Development (Waukegan Lake Cook, LLC and Chick-Fil-A)

Rich Klawiter, Attorney at DLA Piper, addressed the Commission. He introduced the development partnership of Brett Katz of Aries Real Estate and Josh Levy of Levco Development as well as Jason Hill representing Chick-fil-A, Mike Fitzgerald, Architect at OKW, Catherine Talte, Landscape Architect, and Luay Aboona, Traffic Engineer at KLOA.

Mr. Klawiter stated that they will not do a full recap of the plans presented at the Prefiling Conference but will give an overview and address concerns that were previously raised by the Commission. Mr. Klawiter reported that the property is 2.75 acres and is currently a vacant commercial building on the property. They are proposing to redevelop the site with two buildings consisting of an 8,000 square foot building, single-story multi-tenant building and a 5,000 square foot single-story Chick-fil-A restaurant with a double lane drive-thru.

Mr. Klawiter reported that the Village allows restaurants over 3,000 square feet as a Special Use, which is part of their application to the Plan Commission; however, they are not seeking a zoning change. They are also seeking a text amendment to identify the property as multi-use property. Lastly, they are seeking certain variations and exceptions as part of the plans. These requests include allowing for parking to be less than five feet from the west property line, to waive the requirement for direct signalized access from the drive-thru operation, the reduction from the required 19 feet depth to 17 feet for certain on-site parking spaces, as well as other exceptions to be reviewed by the architect.

Mr. Klawiter stated that Chick-fil-A is requesting variations for signs to be above the roofline on two sides of the building as well as special use approval for the drive-thru and a Zoning Code text amendment. Mr. Klawiter commented that the purpose of the Zoning Code text amendment is complicated because of the historical relationship with the North Shore medical office building to the north at 49 S. Waukegan Road. It is a two-story professional medical office building and both properties together function as a PUD since the late 1980s. Under this PUD, there are shared vehicular access points on Lake Cook Road and Waukegan Road and easements for shared parking. Mr. Klawiter stated that they are working closely with Village staff and the Village Attorney to amend this as a PUD to address the current and proposed uses of the properties. The text amendment would authorize future amendments with Plan Commission review required, similar to the PUD review process.

Mr. Klawiter reported that they have been working in a coordinated way with the neighboring property owner and tenant to come up with solutions for both property owners. The petitioners believe they have the support of North Shore for their proposed plans. He stated that they have been discussing access, parking, circulation and operational needs of both properties. Mr. Klawiter reported that the easement agreement was established in 1989, which includes plans for future development that never came to fruition. The petitioners are making good progress in working with North Shore but are unsure when a new easement agreement will be finalized. A new agreement would not modify or supersede the zoning requirements and would not contradict any approvals they are seeking today from the Village.

Chairman Berg confirmed with Staff that the legal notice for this matter was published and that the petitioners had receipts for certified mailings.

Mike Fitzgerald, Architect with OKW addressed the Commission. He reported that he has been working on this project along with his colleague Jim Thormeyer who presented at the Prefiling Conference. Mr. Fitzgerald stated that this redevelopment as compared to the former Office Depot building on the site is a significant reduction in total square footage even though it proposes going from one to two buildings. The site plan will use the existing access points.

Mr. Fitzgerald reviewed the variance requests for setbacks and parking. He stated that the existing building has parking that fronts Waukegan Road which they plan to maintain and enhance with landscaping islands. This element is a variance request due to the setback of the parking spaces from Waukegan Road. Additionally, a variance is being requested for about half a dozen parking spaces that do not meet the 19-foot depth and are 17 feet deep because of the retaining wall along Waukegan Road.

Mr. Fitzgerald reviewed the proposed site plan stating that the two buildings facing Waukegan Road are in line with each other. He confirmed that the multi-tenant building on the north end maintains required setbacks along the rear property line.

Catherine Talte, Landscape Architect, presented on the landscaping plan. She stated that one variance request along Waukegan Road is affected by landscaping of the parking lot. The existing condition limits options and possibilities for landscaping along Waukegan Road. It is a narrow section with a steep grade change and a hostile environment for plants due to Waukegan Road traffic. The petitioners are requesting a variation for the required landscape buffer because of these factors. Their intent is to add landscaping and beatify the main entrance area off Waukegan Road. They are also incorporated suggestions from the Appearance Review Commission (ARC) including landscaped parking lot islands and adding more landscaping material along the east property line.

Commissioner Bromberg commented that the Village received an email today from a resident mentioning that the fence along the east property line may not be in great shape. Ms. Talte reported that the petitioner agrees to maintain the natural cedar fence and sections will be replaced over time as it ages and fails. Commissioner Bromberg asked if some sections need replacing now. Ms. Talte replied that it is being evaluated; however nothing is to the point of disrepair as of now.

Mr. Fitzgerald reviewed the site lighting plan. He commented that the original lighting plans had a little bit of spillover onto the residents to the east. The plans have since been revised and the new layout, number and location of light fixtures, so that they meet Village requirements, and will create zero light at the east property line along the residential.

Mr. Fitzgerald shared that Building B elevations remain unchanged as they were presented at the Prefiling Conference. There will be several building materials used, all in earth tones. In addition, a parapet above the roofline will screen rooftop equipment.

Commissioner Bromberg asked the petitioners to review their ground sign variation requests. Mr. Fitzgerald stated that they are proposing two monument signs along Waukegan Road and Lake Cook Road. The existing sign on Waukegan Road is being repositioned closer to the south entrance. The sign depth was in excess of the 12 inches allowed by the zoning ordinance. Mr. Fitzgerald explained that the reason for this is that the sign manufacturing company requires a minimum depth greater than 12 inches for the sign to function and be internally illuminated on two sides. Commissioner Bromberg asked Village staff if they have granted other variations similar to this. Mr. Ryckaert replied that variations for sign depth have been granted in the past. Commissioner Bromberg confirmed with the petitioners that up to five tenants may be listed on the sign. Chairman Berg asked the petitioners if North Shore medical building will be on the sign. Mr. Fitzgerald replied that this has been offered up to them although it is not confirmed yet whether they will be on the sign or not.

Jason Hill, Architect representing Chick-fil-A addressed the Commission. He stated that he will be describing changes to the plans from what was presented at the Prefiling Conference for the Chick-Fil-A building. He stated that general theme of the building has not changed, however the footprint of the building has changed slightly in size after feedback from the Appearance Review Commission. The configuration of the drive-thru order canopy has been moved further off of Waukegan Road and the dining room now faces Waukegan Road. The signs on the building remain similar and will sit centered inside two-tone brick. There is a variation requested for the wall signs that sits slightly above the roofline due to the pitch of the roof for storm water drainage. The ARC gave a positive recommendation on this variance request.

Mr. Hill reviewed the building elevations stating that the materials will be all brick with signs on three sides of the building, two of which request variances for being above the roofline. There is no longer a sign on the east side of the building facing the residential neighbors. There will be metal awnings in a bronze color around the roofline. Mr. Hill showed the floor plan pointing out that the pick-up window and drive-thru have moved. He also pointed out the serving area and the child play area in the northwest corner of the building. He added that there is also a secondary pedestrian entrance is along Waukegan Road.

Mr. Hill showed a rendering of the patio layout which has not changed. He commented that the tables will be bolted to the sidewalk and umbrellas are seasonally used. There will be a handrail around the patio for safety and to give it a defined area. Chairman Berg asked if there is a curb around patio. Mr. Hill replied that there is a 6-inch high curb around the entire patio. Mr. Hill pointed out that there will also be a bike rack along the patio.

Mr. Hill showed the trash enclosure which has been moved closer to the back of the building from the previous plans which will make trash removal easier for Chick-Fil-A staff members.

Commissioner Bromberg asked what is in the area between the building and the dumpster. Mr. Hill replied that there is a small landscaped area there. He also pointed out a sidewalk for customers who park behind the drive-thru lanes, which can also be used for pedestrian access from the North Shore property.

Commissioner Bromberg asked if the restaurant will be operated by a franchisee or by the corporation. Mr. Hill stated that the Chick-Fil-A corporation owns the land and assets, but all restaurants are run by an individual franchisee. Chick-Fil-A’s business model is different than other franchises in that an individual franchisee can only have one store. The corporation wants that individual to be in their store every day and to focus on food quality and customer experience as well as building relationships in the community. Commissioner Bromberg asked if this person has been identified yet. Mr. Hill replied that no they have not, although they receive thousands of applications and look for franchisees to have a connection to the local community.

Commissioner Bromberg inquired about potential noise created from the drive-thru speakers. Mr. Hill stated that he speakers now face away from residents to the east, which has changed since the Prefiling Conference, which will greatly cut down on noise neighbors may hear. Additionally, the canopies will offer face to face ordering more often, which means the speakers will not always be used. There is also a switch that lowers the speaker volume at times of day.

Chairman Berg stated that the Commission had questions at the Prefiling Conference regarding the trash enclosure. Commissioner Bromberg commented that it is now more reasonably placed closer to the building and inquired about the safety and sanitation of it. Mr. Hill replied that brick walls enclose it and gates made of a hybrid wood product. He stated that their restaurants are diligent about maintenance and upkeep on the inside as well as the outside. Commissioner Bromberg asked how often trash will be picked up. Mr. Hill replied that it will likely be daily. Mr. Ryckaert stated that the Village’s commercial waste hauler can work with the business regarding times and requency of trash pickup.

Chairman Berg asked the petitioners for more information on deliveries to the restaurant including time, location and frequency. Mr. Hill shared that deliveries will be received at the back of the building along the sidewalk next to the trash enclosure. Frequencies for large semi-trucks will be between three to six times per week depending on the store’s volume. They take place at different times depending on the truck routes for the entire market but usually occur in the morning hours. Chairman Berg asked Village staff if there are any Village restrictions on delivery dates and times. Mr. Ryckaert replied that no there are not, but they can be added as conditions to a Special Use permit, if necessary. Commissioner Bromberg commented that deliveries may be an issue for residential neighbors if trucks are beeping in early morning hours. Mr. Ryckaert stated for Cadwell’s Corners, the Village has placed conditions on a special use permit to restrict deliveries to Monday through Saturday between 8:00 A.M. and 5:00 P.M. only. Mr. Hill commented that he believes the trucks do not beep while backing up or at any other time. Commissioner Goldstone asked if deliveries were restricted to after 8:00 A.M only if this would hinder their operations. Mr. Hill replied that yes, this would affect their operations and make scheduling deliveries more challenging.

Chairman Berg asked the Commissioners if there are any concerns on the building wall signs. Commissioner Bromberg clarified that the sign on the east side of the building has been removed. Mr. Hill added that in addition to this change, the sign over the main entrance was also lowered about six inches. Another building sign location changed slightly due to the pick-up window relocation. And the sign on the west side has a slightly different configuration to make it centered over the entrance door. The architectural theme and size of all signs has not changed.

Commissioner Bromberg stated that he has questions regarding the multi-tenant building. He clarified that the Petitioners are requesting a Special Use permit for the Chick-fil-A restaurant as well as approval of a multi-use building. Brett Katz added that they are not asking for a special use permit for an additional restaurant or drive-thru at this time as tenants are not confirmed. However, the plans show the potential for one more restaurant in the multi-tenant building. Mr. Katz reported that they are talks with potential tenants, but nothing can be disclosed yet. He added that the agreement with Chick-Fil-A states that a restaurant in this building cannot be greater than 2,500 square feet, which makes a restaurant drive-thru unlikely. However, a drive- thru could be requested if a financial institution becomes a tenant.

Chairman Berg asked the petitioners to present on parking and traffic. Luay Aboona, Traffic Engineer, stated that for access to the site, the Petitioners are making use of all existing curb cuts along Lake Cook Road and Waukegan Road. Access allows for a right in and right out onto Lake Cook as well as Waukegan Road from the north entrance, and full access from the southern entrance off of Waukegan Road. There is also an existing southbound left turn lane into the site from Waukegan Road. Mr. Aboona reported that they completed a traffic study looking at the morning, evening and lunch time periods. They concluded that access to and from the site as well can adequately serve traffic and will not be overloaded at any time. This also takes into account the existing traffic created by the North Shore medical building. All parking and traffic aisles inside the site provide two-way circulation, as well as stacking for over 20 cars, which is more than adequate to accommodate the uses peak demand. Mr. Aboona stated that the traffic flow will work well.

Mr. Aboona reported that they assessed parking to determine if it meets the Village code requirement and determined that the site provides enough parking to meet the requirement. Their parking study determined that there is adequate parking at the site for Chick-fil-A as well as the retail building.

Commissioner Bromberg confirmed that the left turn lane out of the site onto Waukegan Road is out of the southern access point. Mr. Aboona commented that this access point is considered acceptable however; it may occasionally back up some due to left turners. He added that they assessed the gaps in traffic on Waukegan Road and determined that there is often ample gaps in the traffic stream available to make the left turn out. The two traffic signals (to the north and south) work together to create sufficient gaps.

Commissioner Silva asked if there is any concern about cars speeding through the long drive aisle and whether speed bumps or another form of speed reduction should be considered. Mr. Aboona replied that this kind of drive aisle is common and is similar to the Chick-fil-A in Mt. Prospect, which is also between two busy roads. He stated that a speed bump can be added if speeding shows to be an issue, but he usually does not recommend speed bumps as they create other problems. He does not anticipate speeding being a problem as cars will have to slow down as they drive through with other cars pulling in and out of parking spaces.

Commissioner Forrest asked if they have met with residential neighbors to the east. Mr. Katz replied that they have not met with them but they did receive the public notice for this hearing.

Chairman Berg asked for comments from the public on this matter.

Brian Corbin addressed the Commission stating that he is a Wheeling resident and a local firefighter. He commented that he was also interested in purchasing this property and was curious to see the development plans. He commented that from a life safety perspective, it may be challenging to get fire trucks in and out of the site. Mr. Levy stated that the property is in the Northbrook Fire Department jurisdiction and the Northbrook Fire Marshal is currently reviewing the plans. Mr. Levy stated that there is a fire hydrant just north of the northern Waukegan Road entrance, another one near the southern Waukegan Road entrance and they will be adding one more between these two so that lines can easily reach every point in the buildings. Mr. Levy added that they anticipate receiving the Northbrook Fire Marshal’s letter of approval soon.

Commissioner Bromberg clarified that the Plan Commission’s recommendation would be subject to receiving the letter from the Fire Marshal as this letter is required for Village approval.

Kenneth Smith of 1802 Walnut Circle in Northbrook stated that he is the President of the property owners’ association for the neighborhood that borders the site to the east. He stated that his questions regarding garbage, fencing, lighting, and access were adequately addressed by the petitioners. He commented that cars cutting through their neighborhood remains a concern, but he does not know how this could be improved as signage already exists. Mr. Smith concluded that he is confident the Village of Deerfield has adequate ordinances for signage and fencing and their neighborhood has a positive outlook for the development.

Jeremy Hawk stated that he is representing the neighboring North Shore medical office building. He stated that the petitioners have been good neighbors so far and they have been discussing how to improve the site for both properties. He shared that the only open item remaining is regarding the north entrance from Lake Cook Road. Mr. Hawk stated that North Shore is concerned with the overall circulation of the site and the potential for a bottleneck at this entrance. North Shore would like the petitioners to evaluate stacking at this entrance. Village Attorney Matthew Rose asked if signage could help address this. Mr. Hawk replied that they are discussing this and it is an open conversation.

Mr. Rose stated that he spoke to the legal counsel for the property owner at 49 S. Waukegan Road where North Shore is the tenant. He shared that they were unable to attend the meeting but are generally supportive of the development.

Commissioner Bromberg asked Village staff if the ARC review process is complete. Mr. Ryckaert replied that the petitioners will appear before the ARC for a final review. The petitioners have met twice with the ARC for a review of the preliminary plans.

Commissioner Bromberg asked the petitioners if the internally illuminated signs go off at night. Mr. Hill stated that the Chick-fil-A building signs are turned off at night when the last worker leaves and are also off on Sundays when they are closed. Mr. Katz reported that the monument signs will not project light further than to the street.

Mr. Nakahara reported for the record that the Village received two letters from residents with concerns about the project and these letters have been shared with the Plan Commission and the petitioners.

Chairman Berg asked for a motion to close the Public Hearing. He stated that the Plan Commission will now meet in an open workshop setting to consider their recommendation on this matter. He stated that a written recommendation will be made to the Village Board who will make the final binding decision on this matter. Commissioner Bromberg moved, seconded by Commissioner Forrest to close the Public Hearing. Said motion passed with the following vote:

Ayes: Bromberg, Forrest, Goldstone, Silva, Berg (5)

Nays: None (0)

There being no further discussion, the Public Hearing adjourned at 8:44 p.m.

http://www.deerfield.il.us/AgendaCenter/ViewFile/Minutes/_01112018-382