Lake County Gazette

City of Highland Plan and Design Commission met July 17.

Here is the minutes provided by the Commission:

I. Call To Order

At 7:30 pm. Chair Hecht called the meeting to order and asked Director Fontane to call the roll.

II. Roll Call

Members Present: Hecht, Kutscheid, Leaf, Pearlstein, Reinstein, Waxman

Members Absent: Glazer

Director Fontane took the roll and declared a quorum present.

Staff Present: Cross, Later

Student Rep.: None

Council Liaison: Blumberg

III. Approval Of Minutes

June 19, 2018

Chair Hecht entertained a motion to approve the minutes of the June 19, 2018 meeting with changes. Commissioner Kutscheid so motioned, seconded by Commissioner Waxman. Vice Chair Reinstein voted present. On a voice vote, the motion carried unanimously.

IV. Scheduled Business

A. Design Review - No items for consideration.

B. Public Hearing 18-01-Sub-001 Preliminary and Final Subdivision to subdivide property located at 735-763 Pleasant Ave. into two new lots.

C. Public Hearing 18-01-Rez-001 Zoning Map Amendment to rezone existing R6 property to RM1 and B2.

D. Public Hearing 18-01-Spe-001 Special Exception to off-street parking requirements.

Planner Later made a presentation for the above item including background, project location and surrounding uses, surrounding zoning, proposed RHA resubdivision, RHA Lot 1 rezoning R-6 to RM1, R6 vs. RM1 differences, east parking lot (EPL) Lot 2 rezoning, east parking Lot 2 rezoning relief required, special exception for RHA parking, summary of action/relief requested and recommendation.

Commissioner Leaf asked about the contract between RHA and HUD and if it precluded redevelopment until 2032.

Planner Later stated the contract specifically says those units will get a subsidy to make them affordable. If they were going to change the contract would have to be negated.

Commissioner Leaf asked if this was possible.

Planner Later started working with HUD was not easy. They are in the approval process now.

Commissioner Leaf stated this seems minor compared to total redevelopment.

Planner Later stated the units would be affordable until 2032.

Commissioner Leaf asked if the developer would have to provide alternate housing for the period of redevelopment.

Planner Later stated she was not sure. The contracts are put in place to make sure the affordable housing stays in place.

Commissioner Leaf asked if the two lots were not contiguous between the Roger Williams redevelopment and the parking lot.

Planner Later stated there is an alley.

Commissioner Leaf asked if the key lots were separate.

Planner Later stated the alley will separate the two of them and that is why they cannot be consolidated into one lot.

Commissioner Leaf asked once this goes through a car will travel over city land.

Planner Later stated there is an easement for the public alley.

Director Fontane stated there are already easements and licenses associated with the original development agreement.

Commissioner Kutscheid asked if the new parking lot will meet the requirements of the petition approved for development on Roger Williams. He asked if there is a special exception for the landscape.

Planner Cross stated all provisions approved in the PUD are still there. This is excising this portion of the land and nothing is changing. It will remain as parking and might be restriped. It will not be modified or expanded in a way that would call for modifying the PUD.

Planner Later stated there are 17 spaces there now and the developer will need to restripe.

Commissioner Waxman asked if they had been working with HUD for over a year.

Planner Later stated in two years things have changed in the project and the appraisal requirements for HUD approval. They want to make sure things are compliant.

Director Fontane stated the purchase and sale agreement is proceeding. The City needs to do certain things and they are taking their actions. They are at the doorstep of being able to sell or transfer the property. They expect they will close out soon.

Chair Hecht asked if staff was confident HUD will approve.

Director Fontane stated they can either approve the sale or they can say it needs to be a higher price. The purchaser is paying for the cost associated with the land transaction. They are hoping HUD will look at it favorably. They do not know of any problems.

Vice Chair Reinstein asked if there was a contingency on these City changes based on the project going forward. He stated the City is going through a lot of hoops so the developer can build a four-story building on the site. He asked about the timing of the transfer and zoning change.

Director Fontane stated the zoning has to be in place and whatever other approvals the developer needs.

Commissioner Reinstein asked if there was any protection if it does not go through.

Director Fontane stated he thought they were operating in good faith and received construction plans and revisions to the plans for the proposed building. They are very close approving the construction documents. That is a significant investment by Klairmont. The purchase is necessary because of the financing involved in the project and that is why a purchase vs. lease is going on.

Vice Chair Reinstein stated the change in zoning in Lot 1 provides for a density which he was not sure was in line with the rest of the neighborhood. He asked for the reason for the change in zoning.

Planner Later stated it is currently non-compliant.

Vice Chair Reinstein asked when it became non-compliant.

Planner Later stated it was in 1997 when the zoning was changed.

Vice Chair Reinstein asked why it cannot remain under the existing zoning.

Planner Later stated they are currently trying to clean it up.

Vice Chair Reinstein stated if they could clean it up without increasing the zoning density that would be fine.

Chair Hecht asked if the subdivision triggered the need.

Director Fontane stated you can’t just leave it to make it less compliant.

Planner Later stated there is RM2 on the east side and RM1 properties on the west side.

Planner Cross stated one way to view it is that they are increasing the non-conformity and this is a chance to remedy it from a planning standpoint.

Vice Chair Reinstein stated there is a park that separates this parcel from all its neighbors.

Planner Later confirmed this.

Ms. Mary Ann Pedersen, 1366 Yeager, Highland Park, IL, stated she and her brother own 561 and 559 which is right next to the development, the developer has received numerous variances, the building is larger than others in area, parking was addressed, developer did not see a problem with parking, millennials will be living in building, donated bike racks, there is a need for increased parking in the lot next to the alley, striping to make it 21 spaces. She asked what was going on.

Councilman Blumberg stated in the original development Klairmont was granted certain variances from what would otherwise be required for parking and there was some relief granted because it close enough to be a transit oriented development. The principal difference is Klairmont will own the parking lot rather than leasing. He was originally going to be required to provide permits for ten spaces in the public lot for five or ten years. He asked to be relieved of that and to only provide that for one year and he was granted that relief. The spaces he will no longer be providing will be a year after the development is underway.

Ms. Pedersen mentioned photos of what it looks like would have helped, the one-way alley is tight, all the vehicles still access the alley, concerned about density of cars in and out of the building, has not done anything with site for three years, delivery trucks will have to park in front of Roger Williams, have lived here for long time, will continue to voice concerns, what is going on does not make sense.

Chair Hecht stated the amendment to the PUD was the correct time to address this.

Ms. Pedersen stated what began as a lease is now a purchase.

Councilman Blumberg stated the number of spaces has not increased.

Director Fontane stated it is the same amount.

Ms. Pedersen stated when Klairmont presented the plan people came forward and stated there were not enough parking spaces to sustain the structure. Klairmont stated they were not concerned about the parking issue and no residents would have cars. Now there is a concern and they need to buy the lot and rezone.

Councilman Blumberg stated he understood her concerns and will pass them to City Council. He stated the total number of proposed spaces that were originally approved has not changed on site. There has been relief in the future from the purchasing of ten spaces. He did not know if this will be adequate and he opposed the reduction.

Ms. Pedersen stated visuals of what it will look like would have helped.

Vice Chair Reinstein asked for Lot 1 is the five-space relief because of the RM1 zoning.

Planner Later stated it is for parking compliance.

Planner Cross stated rezoning would be required regardless.

Vice Chair Reinstein asked what is the requirement for the rezoning.

Director Fontane stated they want to sell piece this of land which cannot be a zoning violation. Your cannot change a non-conforming use to be more non-conforming. If you change something you are not pre-existing and you are not legal.

Vice Chair Reinstein asked if it was illegal to subdivide a piece of property and sell it if your existing project is not in conformance with the zoning.

Director Fontane stated yes if it is not in conformance with the density required by the zoning code.

Planner Cross stated it is required to meet the zoning relief.

Chair Hecht asked if the need to purchase the lot is being driven by the lender.

Director Fontane stated the representations made by Klairmont was that they cannot pursue the development with the arrangement that is currently approved which necessitates the lease.

Vice Chair Reinstein asked if the City decided they did not want to increase the density on Lot 1 this cannot go forward.

Commissioner Leaf asked if the Board voted against the proposal is the project dead.

Director Fontane stated they have a valid project that is approved and it would not move forward.

Councilman Blumberg asked if this was a recommendation or an approval.

Director Fontane stated it is a recommendation from staff that these are the things that have to happen.

Chair Hecht stated it sound like if this does not go through the project is dead.

Director Fontane stated he cannot make any representations what would happen or not happen. This is best answered by the applicant.

Chair Hecht stated he has no doubt this is what the lenders are telling him. He asked if the applicant has said anything if this does not go through.

Director Fontane stated he did not think the project would go through without financing.

Vice Chair Reinstein stated the issue is that they have to create zoning in a place he is not sure it would ever be approved. It is sort of being slid in underneath. It is doubling what you can build on the site.

Director Fontane stated it was approved by Council after several years of negotiations.

Vice Chair Reinstein stated he thought they were saying there is no other way to do this without increasing the zoning on Lot 1 to RM1.

Director Fontane the other way would be to lease it.

Chair Hecht asked if this could be done in conjunction with an amendment to the PUD.

Vice Chair Reinstein stated they will track this to Council and have them take action as appropriate.

Chair Hecht entertained a motion to approve the findings of fact recommending approval of the three conditions. Commissioner Kutscheid so motioned to approve, seconded by

Commissioner Waxman.

Ayes: Pearlstein, Leaf, Waxman, Kutscheid, Reinstein, Hecht

Nays: None

Motion passed 6-0.

V. Other Business

A. 2019 Plan & Design Commission Work Plan

Planner Cross stated this is the revised work plan and $29,000 is to cover pass through costs. There will be a traffic study for Crossroads but it will reimbursed by the applicants. The other costs are related to month to month costs and do not change much from year to year. He asked for a motion to approve the work plan.

Chair Hecht asked if the $29,000 was money to advance reimbursable costs.

Planner Cross confirmed this.

Director Fontane stated it is City money that has to be budgeted.

Chair Hecht asked if this was just the expense side.

Director Fontane stated yes and if it is not used it rolls over into the general fund. This avoids having to go to Council to amend the budget.

Chair Hecht entertained a motion to approve the 2019 Work Plan. Vice Chair Reinstein so motioned, seconded by Commissioner Kutscheid. On a voice vote, the motion carried unanimously.

B. September 2018 PDC Meetings

Planner Cross stated the September 18th meeting will be rescheduled and he will present alternate dates at the next meeting.

C. Next Regular Meeting - August 7, 2018

D. Case Briefing

None

VI. Business From The Public

None

VII. Adjournment

Chair Hecht entertained a motion to adjourn. Commissioner Kutscheid so motioned, seconded by Commissioner Pearlstein. On a voice vote, the motion passed unanimously.

The Plan and Design Commission adjourned at 8:30 p.m.

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