Plan Commission

Village of Lombard Village Hall 255 East Wilson Ave. Lombard, IL 60148 villageoflombard.org Minutes Monday, August 21, 2023 7:00 PM Village Hall - Board Room Plan Commission Leigh Giuliano, Chairperson Commissioners: Ruth Sweetser, Bill Johnston, Kevin Walker, Tony Invergo, Alissa Verson and Robert Spreenberg Staff Liaison: Anna Papke Plan Commission Minutes August 21, 2023 Call to Order Chairperson Giuliano called the meeting to order at 7:00 p.m Pledge of Allegiance Chairperson Giuliano led the Pledge of Allegiance Roll Call of Members Present 6 - Ruth Sweetser, Leigh Giuliano, Bill Johnston, Kevin Walker, Tony Invergo, and Robert Spreenberg Absent 1 - Alissa Verson Also present: William Heniff, AICP Director of Community Development, Anna Papke, AICP Planning & Zoning Manager Community Development and Anne Skrodzki, Legal Counsel to the Plan Commission. Chairperson Giuliano called the order of the agenda. Mr. Heniff read the Rules and Procedures as written by the Plan Commission. Public Hearings 230220 PC 23-17: 999 N . Garfield and 1051 N. Garfield Street - IMG Trucking INC Off-site Parking - (Request to continue to 9-18-23 Plan Commission Meeting) The petitioners, 999 Garfield LLC and IMG Trucking, INC., request a conditional use pursuant to Section 155.420(C)(23) of the Lombard Village Code to allow for off-site parking on the subject property, 999 N. Garfield Street, for IMG Trucking, Inc. use located at 1051 N. Garfield Street within the I Limited Industrial District. (DISTRICT #4) Ms. Papke said that the petitioner had requested an additional revision to the site plan. The petitioner and staff were therefore requesting the matter be continued to the September 18, 2023, Plan Commission meeting to allow staff time to review the revised site plan. On a motion by Commissioner Sweetser, and seconded by Commissioner Invergo, the Plan Commission voted 6-0 to continue PC 23-17 to the September 18, 2023 Plan Commission Meeting. The motion carried by the following vote: Village of Lombard Page 1 Plan Commission Minutes August 21, 2023 Aye: 6- Ruth Sweetser, Leigh Giuliano, Bill Johnston, Kevin Walker, Tony Invergo, and Robert Spreenberg Absent: 1- Alissa Verson 230216 PC 23-13: 2001 S Highland Avenue - Sonesta Suites (Continued from July 17, 2023 meeting) The petitioner requests that the Village take the following actions on the subject property, located within the B3 Community Shopping District: 1. A Comprehensive Plan amendment to High Density Residential, from Community Commercial; 2. A map amendment (rezoning) to the R5 General Residence District; 3. A variance for minimum lot area (density) for 29.57 dwelling units per acre, where 24.2 dwelling units per acre are required pursuant to Section 155.410(D)(4)(a) 4. A variance for minimum open space at 35%, where 40% is required pursuant to Section 155.410(I)(4) 5. A variance to provide 1.2 spaces per dwelling unit, where 1.5 spaces per dwelling unit are required, pursuant to Section 155.602, Table 6.3.(DISTRICT #3) Chairperson Giuliano announced the public hearing for PC 23-13, which was a continuation of a public hearing begun at the June meeting and continued to the July meeting and again to the present meeting. Mr. Heniff read the amended Plan Commission policies and procedures. He noted that the petition had been considered at the June 19, 2023, and July 17, 2023, Plan Commission meetings. During Plan Commission deliberation at the July meeting, the Plan Commission had asked questions and requested the petitioner review the site plan to provide for additional parking on the site. At the present meeting, the Plan Commission would review the revised plan. Mr. Heniff said all testimony from the June 19, 2023, meeting and July 17, 2023, meeting was a part of the public record and would not be restated at the present meeting. Chairperson Giuliano asked anyone who intended to speak on behalf of the petition, or anyone who intended to cross-examine, to be sworn in. Asaf Fligelman, with Churchwick Partners, Danielle Cassel, attorney for the petitioner, and Mr. Heniff were sworn in. Commissioner Johnston stated that he had not been in attendance at the July Plan Commission meeting, but had reviewed the video of the meeting and the meeting minutes and was familiar with the issues Village of Lombard Page 2 Plan Commission Minutes August 21, 2023 discussed. Mr. Fligelman presented the amended site plan on behalf of the petitioner. Mr. Fligelman said they had received clear directive from the Plan Commission relative to parking, and had worked with Village staff to come up with an amended plan that addressed the parking concerns. Mr. Fligelman said they had revised the site plan to add parking to the site, removing the need for a parking variance. He described the various portions of the property where they had added parking spaces. He said some green space had been removed to add parking spaces, but the sport court on the site had been removed and replaced with green space to make up the difference. Mr. Fligelman showed the original site plan as proposed and the amended site plan for comparison. He said the petitioner was not amending the requested variance for open space. The original request was for a variance from 40% required open space to 35% open space. This variance request was not changing with the amended plan. Mr. Fligelman detailed the areas on the site where additional parking spaces would be constructed per the amended plan. He described changes to the driveway into the site from Highland Avenue. He said the freestanding sign would be relocated to the corner of 22nd Street and Highland Avenue. He said there were four tandem parking spots. These spots would be assigned to specific units. The landscaping plan had been updated. Some older trees would be replaced, and trees would be added in other places on the site. Mr. Fligelman outlined the remining zoning requests: a Comprehensive Plan map amendment, a zoning map amendment, a density variance for 29.67 dwelling units per acre, and an open space variance for 35% open space. Mr. Fligelman said that when Churchwick Partners began the Plan Commission process, the petitioner truly believed that the proposed parking variance would not be an issue for the subject property or the Village. Through working with staff and the Plan Commission, the petitioner understood the parking concern, and had amended the site plan so that the site would provide the parking required by the requested R5 zoning district. He said that concerns about parking had been a consistent thread in the original staff report. By eliminating the Village of Lombard Page 3 Plan Commission Minutes August 21, 2023 parking variance, he said, the petition now represented a residential project that would provide needed housing at a specific price point. He said many community members had been supportive of the proposed conversion of the property to residential apartments. He said the petitioner had worked with staff to address the parking concerns and he thought the amended petition reflected a development that would fulfill a need without impacting health, safety or welfare in the Village. Chairperson Giuliano asked if anyone wanted to cross examine or offer public comment. Seeing none, she asked for the staff report. Mr. Heniff presented the addendum IDRC report, which was entered into the public record in its entirety. He said the petitioner had described the changes in the amended plan, which were made to address Plan Commission concerns about parking. Mr. Heniff said the addendum IDRC report focused on the comments Village departments had in response to the amended site plan. Mr. Heniff said the amended plan eliminated the need for a parking variance. He briefly outlined comments from the Building Division, Fire Department, Engineering Division, and Public Works Department in response to the amended plan. Mr. Heniff said the concerns about inadequate parking were mainly a Planning concern. He said staff and the petitioner had worked to identify places on the subject property where more parking spaces could be added without creating adverse impacts. He said the amended plan allowed the clubhouse and pool to remain on the site, which were good amenities for the site. The amended plan had removed the need for a parking variance. Mr. Heniff noted that the additional parking spaces had not resulted in a loss of open space. The amended site plan would provide 35% open space, which was the amount of open space currently on the site. He noted the petitioner had a plan to manage the tandem parking spaces. The amended site plan would meet the required 1.5 parking spaces per dwelling unit. Therefore, many of the comments offered by Javier Millan of KLOA during the June Plan Commission meeting did not apply to the amended plan. Mr. Heniff said that the addendum report included three options for motions by the Plan Commission. Option A was denial of the petition. Option B was the alternate recommendation from the initial staff report. Option C was the new option. This was a recommendation of approval Village of Lombard Page 4 Plan Commission Minutes August 21, 2023 based on the amended site plan and submittals. If the Plan Commission chose Option C, Mr. Heniff offered two modifications to the proposed conditions of approval: amend Condition 2 to refer to “Final” Certificates of Occupancy; and remove Condition 4. Both changes would address timing concerns on the part of the petitioner regarding the transition of the property from hotel operations to long-term apartment leases. Mr. Heniff also noted that if the Plan Commission elected to go with Option A, denial of the petition, the motion for denial should include a statement regarding why the Plan Commission was recommending denial of the petition. Chairperson Giuliano and Attorney Skrodzki asked if anyone wanted to cross examine staff. Hearing none, Chairperson Giuliano opened the meeting to comments or questions of staff by the Plan Commission. Commissioner Spreenberg asked about the timing of the conversion of the hotel to an apartment complex, and how this would fit with any remodeling of the site. Mr. Heniff said that if the petition were approved, the petitioner’s consultants would meet with Building and Fire staff to understand what needed to be done on the site to make it code compliant as a residential development. Mr. Heniff said the conversion would likely occur building by building. Commissioner Spreenberg asked how the transition of the building would synchronize with the parking lot additions. Mr. Heniff said there would need to be coordination with the petitioner on the timing of final certificates of occupancy for converted apartment units along with parking lot additions. This would ensure there would not be a situation where there was a parking shortage on the site. Commissioner Sweetser asked if there would be ongoing status updates to the Plan Commission regarding the transition of the property to a multi-family residential property. Mr. Heniff said many of the changes would have to do with Fire and Building Code compliance. Staff would work with the petitioner to make sure these issues were addressed so that the property would not be out of compliance with code at any point in time. Commissioner Sweetser asked if the Plan Commission would be informed of these changes. Mr. Heniff said staff could keep the Plan Commission informed of the status. Village of Lombard Page 5 Plan Commission Minutes August 21, 2023 Commissioner Invergo asked if there would be extra parking on the subject property for guests. Mr. Heniff said the Villlage Code required 1.5 parking spaces per dwelling unit. The 1.5 standard was intended to account for resident parking and guest parking on the site. Commissioner Spreenberg noted that the addendum staff report included the staff recommendation for denial and alternate recommendation as presented in the original staff report, plus an additional alternate recommendation for approval based on the amended site plan. He asked if staff would have recommended in favor of the petition if the petitioner had initially submitted the amended site plan. Put another way, was staff in support of the petition in light of the amended site plan. Mr. Heniff said staff had initially recommended denial of the petition based on the entirety of the original request. Some of the staff comments at the time had to do with the project as a whole. He said the staff report also mentioned some specific impacts that staff was concerned would occur with the petition as originally proposed, such as those related to parking. At the Plan Commission meeting in July, the Plan Commissioners had indicated they were concerned about parking and directed the petitioner and staff to work on an amended site plan. Mr. Heniff said the approach that staff took on the addendum report was to look at the amended site plan as it relates to the parking issue, since that was the issue flagged by the Plan Commission in July. He said the Plan Commission could still consider whether they were concerned about some of the policy questions or other variance requests. Commissioner Johnston said he had spent time considering the requested variances and what constituted a hardship for purposes of considering the petition as a whole. He had spent some time around the subject property recently. Regarding the requested zoning change, Commissioner Johnston said the policies behind the Comp Plan and zoning designations were well thought out. He said the subject property had been operating as a hotel for many years and it fulfilled a service to the community due to its location in an existing commercial corridor. He said when he looked at the standards for variances and hardships, he believed the hardship was created as a result of the requested land use and zoning change. He said the property was functioning well as-is, and it fit into the structure of the community. He said the desire of the petitioner to make a profit could not be the basis for a hardship. He was concerned about over-saturation of apartment units in the Village. He Village of Lombard Page 6 Plan Commission Minutes August 21, 2023 did not see a reason or hardship that would justify rezoning the property. Commissioner Sweetser asked if there were opportunities for additional public transportation in the vicinity of the subject property. Mr. Heniff said the Village coordinated with Pace regarding bus service in the area. Pace was constrained by supply, demand, and availability of funding for capital improvements. However, the Village was mindful of this issue. Commissioner Giuliano asked if there were other questions for staff. Hearing none, she closed the public hearing and opened meeting up for discussion by the Plan Commission members. Commissioner Invergo said he agreed with Commissioner Johnston’s earlier comments. He did not see the need to convert the property to residential and was concerned about over-saturation of the multi-family residential market. He said it should remain an extended stay hotel. Commissioner Spreenberg said he was torn on the petition. He said Commissioner Verson had expressed support for the project previously and noted that there was a need for this type of housing for younger adults. Commissioner Spreenberg said he understood this need but also thought it was nice to have an extended stay hotel in the community. Commissioner Spreenberg asked if there were communities with zoning that allowed for or encouraged efficiency apartment units. Chairperson Giuliano said the Village did not have the type of residential units the petitioner was proposing. She said the community had indicated support of the conversion, and asked how many signatures were on the petitions signed by community members. Mr. Fligelman said there were 112 signatures. Chairperson Giuliano said this seemed to be something the community wanted. She said there were a lot of high-priced housing options in the area that many people could not afford. She did not want to live in a neighborhood that only wanted to attract wealthier individuals. She said Commissioner Verson had expressed similar sentiments at a previous meeting. She said Lombard did not have this type of housing and she saw a definite need for it. Chairperson Giuliano asked for additional comments. Village of Lombard Page 7 Plan Commission Minutes August 21, 2023 Commissioner Spreenberg asked for clarification on the options for motions given there did not seem to be consensus among the petitioners. Commissioner Johnston said the Commissioners needed to vote their conscience given the materials presented to the Commission. He said the Board would make the ultimate decision once the Plan Commission had voted on a recommendation. He noted there were a multitude of perspectives among the Plan Commissioners. He reiterated some of his earlier comments. Attorney Skrodzki said the staff addendum report contained three potential options, which were jumping off points for the Plan Commission. She described possible motions the Plan Commission could make. Commissioner Johnston said that in his perspective, if he had an issue with the rezoning request, he did not need to consider the variances because denial of the rezoning would negate the need for the variances. He said he was certain of his position on the petition. Commissioner Spreenberg asked for clarification that if the Plan Commission voted for Option A, to recommend denial, the petition would still be sent to the Village Board. He asked if the Village Board had the ability to overturn the Plan Commission recommendation. Mr. Heniff said the Plan Commission is a recommending body, and the Village Board could accept, modify, or reject the findings of the Plan Commission. The Village Board had the ability to overturn recommendations from the Plan Commission. He noted that should the Plan Commission recommend denial, the Commissioners should clarify the reasons for a recommendation of denial. Attorney Skrodzki said the petition would go to the Village Board regardless of what the Plan Commission recommended. She said that if the Board wanted to overturn the Plan Commission recommendation, it would require more votes. Commissioner Sweetser asked if there was a way for the Plan Commission to include a statement to the Village Board that was not a part of a recommendation. Attorney Skrodzki said the Plan Commission was free to make any comments they wanted during the Plan Commission meeting. All Plan Village of Lombard Page 8 Plan Commission Minutes August 21, 2023 Commission deliberations would be incorporated into the record of the meeting which would be forwarded to the Village Board ahead of the Board meeting, so the Board would be able to take those Plan Commission comments into consideration. Chairperson Giuliano asked for a motion. Commissioner Johnston made a motion to recommend denial of the petition. Commissioner Invergo seconded the motion. Upon a roll call, the vote was 3-3. Mr. Heniff said that per the bylaws of the Plan Commission, the motion had failed. He and Attorney Skrodzki said the Plan Commission could make an alternate motion to see if a different motion could gain a majority of support from the Commission. Commissioner Walker asked for clarification on the changes to the conditions of approval noted in Option C of the addendum staff report. Mr. Heniff said such a motion would likely include a comment from the Commissioner making the motion to strike Condition 4 and amend Condition 2 to refer to the Final Certificates of Occupancy. Commissioner Walker made a motion to recommend approval of the petition based on the amended site plan, per Option C in the addendum staff report. His motion included amending Condition 2 to refer to the Final Certificates of Occupancy and striking Condition 4. Commissioner Sweetser seconded the motion. Upon a roll call, the vote was 3-3. Chairperson Giuliano asked for clarification from Attorney Skrodzki. Attorney Skrodzki said this motion had failed because it did not gain support from a majority of the Plan Commission members. She asked if there was any potential modification that would allow any Plan Commissioners to reconsider their position, or if there was a stalemate among the members of the Commission. Commissioner Spreenberg said he did not have a strong conviction. He said he could see both sides of the issue. He suggested he might abstain from a future vote. He noted Commissioner Verson had been in support of the petition. Chairperson Giuliano said she did not want to live by the line that if it is not broken, don’t fix it. She said there was an opportunity to attract a different type of resident to the Village with the petitioner’s proposal and Village of Lombard Page 9 Plan Commission Minutes August 21, 2023 the Village needed to do that. As a point of clarity, Mr. Heniff said that a motion needed four votes for the petition to move forward with a recommendation of any type, either for approval or denial. Attorney Skrodzki noted that Commissioner Spreenberg abstaining from a future vote would not result in a recommendation, because the motion would not have four votes in favor of it. Responding to Chairperson Giuliano’s comment, Commissioner Johnston said he thought the existing extended stay hotel was serving a purpose in Lombard and doing it well. He reiterated that he did not think the petitioner had met the standards for variations related to hardships. Commissioner Spreenberg noted he had sought out extended stay hotels on his business travels. Commissioner Johnston agreed. Attorney Skrodzki acknowledged the petitioner. Mr. Fligelman said there were 1,701 hotel rooms in Lombard spanning 10 hotels. Currently, the daily occupancy rate was around 63%. In 2019 it was about 73%. He said there were three other extended stay hotels in the vicinity of the subject property. He said the competitor extended stay hotels had lower occupancies than the subject property because the subject property was charging lower rates. He said there were other hotels in the area to serve the need for extended stay hotels. Commissioner Spreenberg asked if Commissioner Walker would make his motion again. Commissioner Spreenberg intended to vote in favor of the motion given the petitioner’s comments on other extended stay hotels. Commissioner Walker made a motion to recommend approval of the petition based on the amended site plan, per Option C in the addendum staff report. His motion included amending Condition 2 to refer to the Final Certificates of Occupancy and striking Condition 4. Commissioner Sweetser seconded the motion. Upon a roll call, the Plan Commission voted 4-2 to recommend that the Village Board approve the amended petition associated with PC 23-13, subject to the following six (6) conditions: 1. The petitioner shall satisfactorily address all comments noted within the Inter-Departmental Review Committee Report, the Addendum Report, and as required by Village Code, prior to the occupancy of any units that would be Village of Lombard Page 10 Plan Commission Minutes August 21, 2023 subject to a lease. Such units will require a Certificate of Occupancy approved by the Lombard Community Development Department, Fire Department and any other applicable entities prior to occupancy. 2. A final parking plan, consistent with Village Code and Illinois Accessibly Code and Housing and Urban Development requirement must be submitted for review and approval and any such parking improvements or modifications must be addressed prior to issuance of any Final Certificates of Occupancy. 3. A Plat of Consolidation, making the property a lot of record, shall be submitted to the Village and recorded at DuPage County. 4. The petitioner shall be allowed to continue hotel operations for six (6) months after ordinance approval. After that time, they shall cease all hotel operations. 5. That the petitioner shall also develop the site in accordance with the amended plans prepared by petitioner and supplemented by the plans prepared by Dynamic Engineering and consisting of a: Conceptual Site Plan, Parking Areas of Change Plan, Open Space Plan, Fire Truck Circulation Plan, and Color Rendering Site Plan with Sign Modification, and modified Landscape Plan, dated July 28, 2023, and/or August 11, 2023. 6. That the petitioner shall apply for and receive all required building permits from the Village for the proposed site and parking lot improvements, amended sign plan, building plan modifications as part of the hotel to multiple-family residential conversion process. The motion carried by the following vote: Aye: 4- Ruth Sweetser, Leigh Giuliano, Kevin Walker, and Robert Spreenberg Nay: 2- Bill Johnston, and Tony Invergo Absent: 1- Alissa Verson Business Meeting Approval of Minutes A motion was made by Commissioner Invergo, seconded by Commissioner Walker, that the minutes of the July 17, 2023 meeting be approved. The motion carried by the following vote: Aye: 6- Ruth Sweetser, Leigh Giuliano, Bill Johnston, Kevin Walker, Tony Invergo, and Robert Spreenberg Absent: 1- Alissa Verson Public Participation There was no Public Participation DuPage County Hearings There was no DuPage County Hearings Chairperson's Report Village of Lombard Page 11 Plan Commission Minutes August 21, 2023 The Chairperson deferred to the Director of Community Development. Planner's Report There was no Planner's report Unfinished Business There was no Unfinished Business New Business There was no New Business Subdivision Reports There was no Subdivision Reports Site Plan Approvals There was no Site Plan Approvals Workshops There was no Workshops Adjournment A motion was made by Commissioner Invergo, seconded by Commissioner Spreenberg, to adjourn the meeting at 8:18 p.m. The motion passed by an unanimous vote. __________________________ Leigh Giuliano, Chairperson Lombard Plan Commission __________________________ Anna Papke, AICP, Senior Planner Community Development Village of Lombard Page 12 Plan Commission Minutes August 21, 2023 Village of Lombard Page 13