Lake County Gazette

Village of Deerfield Plan Commission met June 27

Here are the minutes provided by the commission:

The Plan Commission of the Village of Deerfield called to order a meeting at 7:30 P.M. on June  27, 2024 at Deerfield Village Hall. 

Present were: Al Bromberg, Chairman 

Dave Rauen 

Bill Keefe 

Sara Lubezny 

Blake Schulman 

Absent were: Lisa Crist 

Kenneth Stolman 

Also present: Jeff Ryckaert, Principal Planner 

Marcus Martinez, Village Attorney 

Chairman Bromberg 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. 

WORKSHOP MEETING 

1) Request for a Finding of Substantial Conformance for a Final Development Plan  for a Transit-Oriented Development for Continental Properties Consisting of a 254- Unit Rental Development at the Rear of Deerbrook Shopping Center 

Jen Patton, Development Director with Continental Properties addressed the Commission. She stated that she will present the Lake Cook Crossing multi-family development Final Development Plan. She shared that Continental is a national multi-family owner/operator and developer with over 125 multi-family communities across the country with many in the Chicagoland market. All of their projects are conventionally financed with private equity partners, and they own, operate and manage all of their communities and do not use third party management companies. She showed where their projects are in neighboring communities around the Chicago area. 

Ms. Patton shared demographic information about their residents. About half are 20 to 34 years of age and are young professionals. They predict this will be most of the residents for this development given the transit-oriented nature of the development. About 20 percent are 35 to  49, and there is an increase in empty nesters, as well. 

Chair Bromberg stated that the Commission has already approved the project and asked if the Final Development Plan is substantially the same as what they have already approved and  asked if there has been any changes.

Ms. Patton shared the summary of revisions and stated there has not been any substantial changes to the plan since approvals. The largest change was the northeast corner of the site near where the existing lift station is located to allow for the cross access with the Deerbrook Shopping Center and the Village. Also added to the pedestrian circulation plan were the PACE stops. But there were no changes to the building architecture or number of units. 

Mr. Ryckaert stated Continental has submitted the final affordable housing plan as required by the affordable housing ordinance and it is compliant with the ordinance. 

Commissioner Schulman commented on the pet parks and that the pickleball court is right in front of building 8 and commented on the noise from pickleball. Ms. Patton replied that the pickleball court is open during the day but not past dusk or dark and there are no lights. There are two pet parks that are located so that residents will have access from the north side and the  south side. Chair Bromberg confirmed that pickleball is only available to the residents and their guests. 

Commissioner Lubezny confirmed they have management on site and maintenance 24 hours for residents to reach out if there is an issue. 

There were no comments from the public on this matter. 

Commissioner Lubezny moved, seconded by Commissioner Schulman, that the Final Development Plan is in substantial conformance with the Preliminary Development Plan and to recommend final approval to the Board of Trustees. The motion passed with the following vote. 

Ayes: Schulman, Rauen, Keefe, Lubezny, Bromberg (5) 

Nays: None (0) 

Mr. Ryckaert reported that this matter will go to the Board of Trustees on August 5, 2024. 

2) Prefiling Conference on the Request for Approval of a Special Use to Permit the  Establishment of a Sky Zone in the Deerbrook Shopping Center Planned Unit  Development (former Art Van space) at 120 S. Waukegan Road 

Ryan Bickings, Project Manager for Casco Architecture firm stated that he represents Sky Zone and shared the project plans. 

He stated that Sky Zone is proposing to redevelop the vacant former Art Van space in  Deerbrook Mall. They would provide the community with healthy activities for local residents and bring customer traffic to the retail complex. Sky Zone is a premier leader in indoor entertainment in the country. They own, operate and franchise over 270 parks. Founded in 2004 as Sky Zone trampoline park, the brand has evolved from being the first of its kind to being the top destination for activity play offering its 500,000 plus members smile inducing attractions. The brand encourages families to make memories and plan and stay active. They cater to kids under 12 through programming in a clean and safe environment. The proposed operations within the indoor playground and trampoline park are designed to cater to wide range of age  ranges. General ticket sales are to 170 active jumpers and a kitchen area with snacks and drinks. Fuel Zone will cook and serve a limited amount of food including pizza and nachos, and non-alcoholic beverages. General party rooms can be reserved ahead of time for kids birthday parties while having access to the parks attractions. The attractions area specific to this location will include playground equipment like slides, swings, trampolines, foam pits and basketball courts. There will be a toddler area for the younger ages to play in, general seating and café seating, lockers to store essentials and parent seating to observe the area areas. All other indoor activities in the building will be accessories to accommodate the occupants of the park including restrooms, locker rooms, break rooms, offices, and seating areas. Typical hours of operations are 9am to 9pm except Friday and Saturday nights will be until 11pm. Estimated  number of people during the week is low. There are not very many kids during school hours. Typically, during the week during the day there are about 25 people. Friday afternoons, Saturdays and Sundays, the maximum count is 170 which is likely to be hit at these times. Generally, the business is about 50/50 private parties and walk-ins. 

The target age group is 4 to 10 years old. Parents will not be dropping kids off and leaving their  child. Parents will accompany their children to birthday parties and must walk in to sign the waiver. Mr. Bickings stated that the main area is the attraction area which is where the majority of people will be, and there is a maximum jumper count and more than that will not be allowed,  which is 170. Chair Bromberg confirmed that people are turned away if they are at maximum. Commissioner Keefe commented that they can have more people in the facility than 170, but  not more than 170 jumping. Mr. Bickings added that sometimes parents accompany kids  jumping. He stated that typically on weekdays there are 6 to 10 employees. On the weekends, there are 25 to 30 employees during the busy times. He stated that no kids will be allowed on attractions without supervision and this is key for safety. They must be watched by an employee. Mr. Bickings stated that Sky Zone does not receive many deliveries. They are weekly or bi-weekly from the food vendor. There are not many large delivery trucks. 

Mr. Bickings showed the proposed site plan and pointed out the future multi-family development at the rear of the shopping center. There is no drop-offs or pick-ups. Kids that walk in to the  facility must be accompanied with a parent to sign the waiver. In addition, there is a fire lane  there. An initial comment received was to put a sign at the curb that instructs people from parking or waiting in that area for drop-off or pick-up. So they are proposing to put a sign up. Also proposed is striped area in front of the entrance, and two stop signs on both sides of entrance to slow traffic down in that area for safety with kids coming in to the facility. Chair Bromberg asked if there could be any conflict with the Floor and Décor pick up area in front of their store. Mr. Bickings replied that with him is a representative from traffic consultant Kimley Horne who also worked on that site plan who can comment on this matter later in the presentation. 

Commissioner Lubezny asked where the entrance is for Sky Zone. Mr. Bickings replied that it  will be centered and pointed it out on the site plan where there is a canopy bump out. Commissioner Rauen asked if there is an entrance in the back as well. Mr. Bickings replied that no, there is not a rear entrance. Employees will also use the front entrance. Food deliveries will be in the back of the space. There is a door in the back that trucks can back up to for food  deliveries and he pointed it out on the site plan. 

Mr. Bickings showed the building elevations. He stated that they met with the Appearance Review Commission and received full approvals on the elevations. Some comments they had were that they had concerns about the paint adhering to the surface. The two colors were an orange called Energetic Orange and a gray called Big Dipper. Both are Sherwin Williams colors. The exterior paint is able adhere to the building service. There are metal panels there now. They will repaint the panels to these colors. They will remove the paint properly before  repainting to ensure it stays a long time. Another comment they received from the ARC was the parking lot lighting. The park will be open at 9pm during weekdays and 11pm on weekends so  they commented on parking lot lighting. They will send someone out there to do a site photometric to see what the light levels are of the center currently, and review them with the Village ordinance and if they are below that standard than they will replace the lamps with new ones on the existing light poles to be sure the parking lot is safe and well lit. 

Mr. Bickings showed the floor plan. They do have a receiving area in the back that has an  overhead door. He then highlighted the attraction area. It is a fenced in area with a four foot fence that goes around the perimeter that encloses the attraction area. There is a maximum occupant load of 170 jumpers in there. Each attraction has a certain number of people that are allowed on them. He pointed out the party rooms which are on the north side of the plan. They get rented out in advance and with larger groups they can request a seated table in a party room. He also pointed out the small toddler play area. In the back is the café seating with tables as well as the prep area for the food. He stated that they will make sure they follow all health standards for food service and get the necessary permits for this. He also pointed out the restrooms and office areas and storage in the back. Commissioner Keefe commented that it seems that there are not many restrooms for the size of the space and the number of people. Mr. Bickings replied that this is based on their other parks and when they go in for a permit they will make sure that the toilet counts and number of stalls are compliant with Village plumbing codes. 

Chair Bromberg noted that the term “members” was used earlier in the presentation and asked if memberships are sold. Mr. Bickings noted that he misspoke and said that Sky Zone does not have a membership program. He also confirmed that online registration is available and is used the majority of the time to ensure a party room. Chair Bromberg noted that it was mentioned that adults can use the attractions and asked if they allow adults to come in without children. Mr. Bickings assumes that this is the case, but will have to confirm with a member of the Sky Zone team. Commissioner Lubezny noted and asked for confirmation that there is an employee  watching each area. Mr. Bickings confirmed that there is always Sky Zone employee monitoring  the different attraction areas. He also commented that no child will be allowed on the air court unless an employee allows them on the court. Chair Bromberg commented that there must be policies or rules in place to not allow a group of teenagers to jump because this seems like the facility is meant for kids. Mr. Bickings indicated he will have check with a team member from Sky Zone. Commissioner Lubezny commented that the 4-10 year olds will be there in the earlier hours and the older group of kids will occupy the later hours. 

Village attorney Marcus Martinez commented that the Commission stay focused on the land use  aspects of the petition rather than the operations stating that the special use standards deal primarily with compatibility, effect on the neighborhood, parking, access and traffic. Chair Bromberg understood about the special use standards, and noted that Commission has always tried to understand the operations to make sure it is being run safely and appropriately. Chair Bromberg did not feel the Commission overstepped their “bailiwick”, but thanked legal counsel for the comment. 

Mr. Bickings introduced Peter Lemon from Kimley-Horn to review the traffic study and orientation of the site. Chair Bromberg was not too concerned about the parking as parent’s will have to walk their children in. Chair Bromberg did want Mr. Lemon to address how the adjacent  business, Floor and Décor’s drive-in pick-up area at the front of the store would affect Sky Zone  and make sure there was no conflict there. Mr. Lemon noted that they studied the traffic and parking for this use and it was not a big impact. He also noted that Kimley-Horn worked on the Floor and Décor tenant space to the north (adjacent to the proposed Sky Zone tenant space). Mr. Lemon commented that the Floor and Décor tenant space has a vehicle parking/loading area for customers to pick up their materials at the front of the Floor and Décor space. The driveway to the parking/loading area that runs across the pedestrian sidewalk. The drive area is cross hatched. Mr. Lemon mentioned that there is a Sky Zone door near the Floor and Décor pick-up area at the northeast corner of the space, but it is more of a secondary exit and if someone were to use this exit there is a low planter wall that prohibits walking directly into the  parking spaces. Also on the other side of the parking spaces, Floor and Décor has a similar wall of landscaping. The wall of landscaping on either side of the parking/loading area forces a pedestrian to cross at the cross hatched area. Mr. Lemon also noted that there is a sequence for vehicles to proceed into the Floor and Décor loading area and there will not be a steady flow of vehicles in and out. From their standpoint with the limited access (from the secondary Sky Zone door), they do not see a lot people using that exit and if they do, there are physical barriers that keeps people from walking into that space.  

Chair Bromberg mentioned a painted area at the Sky Zone main entrance for pedestrian crossing. Mr. Lemon confirmed this and said that there will be stop signs to calm traffic in this  area. There will also no parking signs in this area. Commissioner Shulman noted that most of the use for the Floor and Décor parking/loading area will be used in the early morning by contractors. Mr. Lemon confirmed and noted that Sky Zone’s peak times were mostly Fridays, Saturdays, and Sundays. Commissioner Lubezny asked the petitioner if they would consider the northeast door (secondary exit) as an emergency only door. Mr. Bickings said they would consider this. 

Chair Bromberg is glad to see a use in this space. Commissioner Lubezny thought this was a  great use for the community. Mr. Bickings commented that they are hoping to open, if approved, in approximately 5-6 months. Mr. Ryckaert noted the petitioner will need an exception for their wall sign, but the ARC was fine with this exception because it centers the sign on the building wall. The public hearing is scheduled for July 25th. 

Mr. Bickings commented that he spoke with the Sky Zone VP of Development regarding the  arcade games. Mr. Bickings realizes that arcade games are not allowed, but he asks if the Commission would consider allowing 5-6 claw type games in their space. Mr. Ryckaert noted that staff will have to discuss this because this could be an amendment to the Municipal Code and not the Zoning Ordinance. Mr. Bickings said that this is not a deal breaker, but they would like know if the Village would consider allowing this. These games are not a revenue source, but is typical of what they have in their space. 

3) Prefiling Conference on the Request for a Special Use to Permit the Establishment of an Animal Pet Resort at 649 Lake Cook Road in the Deerfield Depot Planned Unit Development (also known as the Home Depot PUD) 

Zack Nisbet, co-owner of Windy City Dog Resorts LLC, stated they have entered into a 10 year lease term with 3, 5 year option extensions so we are pursuing a Special Use permit for a use of dog boarding and dog daycare. He would like to discuss three things this evening, what is K9 Resorts, what are the specifics of their Deerfield project, and what is the structure of the company. 

K9 Resorts is not an average boarding facility, but an award winning luxury hotel with state of the art technology that is not found in any other franchise competitor. There are segmented HVAC systems throughout the facility eliminating the potential of boarded dogs to spread germs throughout the facility, there is sound dampening technology built in and air purification systems in the resorts that have more fresh cycles of air. This model was founded in 2005 and is now a national franchise with over 30 open today and over 130 in development, eight of which they are responsible for. K9 Resorts offers three boarding accommodation types. The first, of which they are most famous for, is the luxury suite, an 8’X8’ cage free space with a couch, chandelier and  TV that plays dog TV. The next type is the executive rooms, a 5’X7’ cage free space and the last is compartments which is great for dogs that are crate trained. The luxury suites have their own HVAC system and the executive rooms have zoned HVAC systems. K9 Resorts also offers doggy daycare designed for group and or private play. 

The specifics of the Deerfield project include 76 overnight accommodations for a maximum capacity of 95 dogs per day. Being that this is a seasonal business, they do not expect to see  the maximum capacity unless it is a holiday or special occasion, otherwise the petitioner expects approximately 55% capacity or just under 50 dogs per day similar to other resorts. The site has 66 parking spaces and they find this amount of parking is more than appropriate for this use. The resort will be open on the weekdays is 7am to 7pm and on weekends from 9am to 5:30pm with staff being there an hour before and an hour after. Prior to opening, the petitioner  plans on hiring 23 employees and stabilizing around 35 employees. There is a 12 hour overnight period when there will be no staff on-site. Mr. Nisbet commented that in the history of K9 Resorts, there has not been an incident where a dog has got loose. He added that there is video in the facility and sensors that alert staff if a dogs is loose. Mr. Nisbet added that barring any new challenges, they expect to open in April 2025. 

Mr. Nisbet noted the company structure is made up of himself and three partners as  franchisees. They have 8 territories targeted throughout the Chicagoland area and 64 months to develop all of the territories. Deerfield will be their first resort. Mr. Nisbet stated he has 5 dogs and his parents owned an invisible fence dealership. He also works at a K9 Resort in New Jersey. 

Commissioner Keefe asked how large is the outside fenced area. Mr. Nisbet noted that the  outside area is 2,300 square feet and will be divided by large and smaller dog daycare with the threshold being 35 pounds. Commissioner Lubezny asked what the rates are for overnight board and daycare. Mr. Nisbet commented that they have to do a market analysis on the area, but they will probably mark up the rate by 5-15% on average. He said typically, the luxury suites are $100 per night and the daycare system average is $45 per day. Mr. Nisbet noted the  changes to the exterior are to the front elevation entrance and the outdoor area with the turf and sound dampening. Chair Bromberg asked if this location was typical. Mr. Nisbet commented that the locations are usually more industrial settings and more isolated and the proximity to the  train station for this site is a plus. A discussion ensued on the exception for the height of the  proposed wall sign. Mr. Ryckaert noted that the ARC was in favor of the height of the wall sign as it will be centered, and recommended a darker background for the pylon sign to be more  compatible with the other pylon sign panels. Mr. Ryckaert also noted the petitioner is requesting a waiver of the parking and traffic study. Mr. Nisbet commented that drop-off and pick-up is  usually very quick. He added that there are times when a customer may request help bringing in their dogs. The commissioners were in favor of granting the waiver of the parking and traffic study because of the limited traffic and parking impact of the proposed use at this location. Chair Bromberg thought it will be great to see this space be successful and it seems like there is a demand for this use. Mr. Nisbet commented that he has made reservations for customers 4 years in advance. Mr. Ryckaert commented that the public hearing for this use will be July 25th. 

DOCUMENT APPROVAL  

1. Rosen Orthodontics Special Use Recommendation 

Commissioner Keefe moved, seconded by Commissioner Lubezny, to approve the  recommendation. The motion passed with a unanimous voice vote. 

2. June 13, 2024 Plan Commission Minutes 

Commissioner Rauen moved, seconded by Commissioner Keefe, to approve the minutes. The  motion passed with a unanimous voice vote. 

Items from the Staff 

Mr. Ryckaert reported on upcoming agenda items. The next meeting will be July 11, 2024. Designation of Representative for the next Board of Trustees Meeting No commissioner is needed for the next Board meeting. 

Adjournment 

There being no further discussion, Commissioner Schulman moved, seconded by  Commissioner Rauen to adjourn the meeting at 8:30 P.M. The motion passed with a unanimous  voice vote. 

https://www.deerfield.il.us/AgendaCenter/ViewFile/Minutes/_06272024-1113