Plan Commission

Draft Plan Commission Meeting Minutes Date: August 4, 2022 A motion to approve the minutes of the May 5, 2022 Plan Commission meeting was made by Commissioner Franklin, seconded by Commissioner Burman, and approved by all with a voice vote. Case Descriptions: 2022-22P – Zoning Map Amendment: 5404-5440 Touhy Avenue and 7235 Linder Avenue Chicago Title Land Trust Company as Trustee under Trust Agreement dated 7/16/1962 known as Trust #17767 on behalf of Linder Touhy LLC, is requesting to rezone 5440 Touhy from B3 Business to B4 Regional Shopping, and to rezone 5404-5418 Touhy and 7235 Linder from M1 Office Assembly Industry to B4 Regional Shopping, to build a new mixed-use development to include first floor retail sales or services and upper-story residential over nonresidential uses. 2022-23P – Site Plan Approval: 5404-5440 Touhy Avenue and 7235 Linder Avenue Chicago Title Land Trust Company as Trustee under Trust Agreement dated 7/16/1962 known as Trust #17767 on behalf of Linder Touhy LLC, is requesting a site plan approval to develop a new mixed-use development to include first floor retail sales or services, including a possible cannabis dispensary, and upper-story residential over nonresidential uses at 5404-5440 Touhy Avenue and 7235 Linder Avenue (exact addresses to be determined), and any relief discovered during the review of this case. 2022-24P – Subdivision/Dedication: 5404-5440 Touhy Avenue and 7235 Linder Avenue Chicago Title Land Trust Company as Trustee under Trust Agreement dated 7/16/1962 known as Trust #17767 on behalf of Linder Touhy LLC, is requesting a 3-lot subdivision/dedication of 5404-5440 Touhy Avenue and 7235 Linder Avenue (exact addresses to be determined), and any relief discovered during the review of this case. PINs: 10-28-312-022-0000, 10-28-312-023-0000, 10-28-312-024-0000, 10-28-312-028-0000, 10-28-312-029-0000, and 10-28-312-030-0000 Discussion and Interested Parties Legal notice was advertised, posted, and delivered to all property owners within the area as prescribed by the Zoning Chapter. Corporation Counsel determined that notice was proper and correct. Case 2022-22P, a request for re-zoning, was discussed first and other related cases (2022-23P and 24P) were reviewed together but each case was voted on separately. Braeden Lord of Elrod Friedman LLP, on behalf of the petitioner, presented the cases. He introduced the others on his team. Scott Gidwitz, developer and co-owner of Linder Touhy LLC, Mike Breclaw, Eric Overby, and Keith Lee, architects from Fitzgerald Associates, and Javier Millan of KLOA Traffic Engineers. 599837- August 4, 2022 Plan Commission meeting minutes –Touhy Avenue & Linder Avenue They are proposing to re-zone the mostly vacant site to B4 Regional Mixed-Use Shopping District in order to construct a new, 2-phased, mixed-use development which will include retail and service uses with upper-story residential. A portion of the site (5440 Touhy Avenue) is currently zoned B3 Business with the remainder (5404-5418 Touhy Avenue and 7235 Linder Avenue) zoned M1 Office Assembly Industry. The regulations of the B4 district were changed to include a maximum building height of 12 stories with a front yard setback of 25’ along IDOT or county roads and 15’ on local roads. These changes were made so that district could accommodate residential components as restricted uses. Scott Gidwitz gave a brief history of the site. The property has been family owned for 60 years. The existing improvements, a mix of industrial and commercial uses, are obsolete and they feel the best use of the property would be a combination of retail and residential uses. Staff requested the reports be accepted into the record as written with minor adjustments made verbally. The request is not consistent with the Comprehensive Plan; however, it is consistent with development trends in the area. Staff is supportive of the proposed development provided that ample transportation and infrastructure improvements are made and there are no further encroachment of non-manufacturing/service employment uses north of the subject site without a review of and update to the Comprehensive Plan. The following verbal corrections were made during the staff presentation: - 980 Parking Spaces - 3-lot subdivision/dedication - “Front Yard” of 25’ only applies to IDOT/County. Parcel A is on local; therefore, only 15’ is required. They reviewed the items of relief that are needed which include: - Parcel A to have a 0’ south side yard and 0’ east rear yard in lieu of 25’ minimum - Parcel B to have 0’ east and west side yards, and a 4’ north rear yard in lieu of 25’ minimum - Parcel C to have a 0’ west side yard in lieu of 25’ minimum - Allow 59% of west wall linear frontage of Phase 1 to consist of commercial uses or lobby area in lieu of 60% - Allow 26% of the west wall of Phase 1 to be window/entry door glazing in lieu of the minimum 50% - Allow a corner building without a corner entrance - Allow the pavement to be developed consistent with the final approved plans, which may include a dimension less than the required 6’. [Note: Ample room must remain for fence/landscape screening.] - Allow 355 Phase 1 residential parking spaces (in lieu of the required 376.5 spaces) and 379 Phase 2 residential parking spaces (in lieu of the required 364.5 spaces), for a total of 734 residential parking spaces (in lieu of the required 741 spaces). This will be documented via a shared parking agreement approved by the Village. - Other relief as discovered during the review of this case. 599837- August 4, 2022 Plan Commission meeting minutes –Touhy Avenue & Linder Avenue Robert, Ron, and Peter Silverstein voiced their objections with the re-zoning request. They are 5th generation co-owners of Central Sheet Metal Fabricators at 7251 Linder Avenue, just north of the subject property. The business was established by their great-grandfather in 1912 and at this location since 1959 when they were the only building on Linder Avenue. Besides Goodwill and Panera, Linder Avenue is made up of warehousing, manufacturing, and wholesale businesses. Residential uses do not belong among them. The use of steel trucks, beeping forklifts, dragging metal hoppers, and vibrations of punching metal are typically what residents will see and experience. They are concerned with the residential complaints that will be generated by the constant noise and displeasing view to the north. If approved, soundproof windows and walls are a must. They also suggested a 6-ft tall privacy fence. The chairman asked the business owners about their hours of operation that would disrupt residents. They are open from 6:30 am to 3 pm with late night deliveries. Mr. Breclaw discussed the site plan. They are proposing to be a leading example of a sustainable development with “green globe” certification that fits well in the community. They are looking for restaurant and beverage uses to occupy the ground level commercial spaces with 3 stories of parking deck and 4 stories of upper residential units to be built in 2 phases. Each phase will have approximately 250 residential units (a mix of studio, 1, 2, and 3 bedrooms). The western area, considered Phase 1, includes a cannabis dispensary. Although in a separate building at the northwest corner of the site with no shared access to the building, it is within the footprint of Phase 1. There will be a street-level courtyard for public use as well as outdoor dining and valet service. Mr. Millan spoke of the traffic and parking study completed using the full build-out as referenced. There will be 734 residential parking spaces and 246 spaces for the commercial uses. Touhy Avenue will be widened going into the site, a right turn lane added at Linder, and the traffic light will line up with the signal of Village Crossing across Touhy Avenue. It has been acknowledged that southbound traffic from Linder turning left will be delayed. The Traffic Engineering staff supports the traffic study conclusions pending IDOT approval. Planning noted that review by IDOT, MWRD, Fire Prevention, and PACE Bus could change the site plan significantly and warrant a return to the Plan Commission. Staff summarized the subdivision/dedication case. A 10’ wide dedication is requested along Touhy to accommodate westbound right-turn lanes. Another 10’ wide dedication is requested to accommodate intersection improvements. All dedications will be directed to Illinois Department of Transportation (IDOT) because it has jurisdiction over Touhy. A commissioner stated that traffic changed when Amazon and FedEx facilities located on Howard Street and noted there was no mention in the traffic study on the effect the proposed development traffic would have on Howard Street and Linder Ave. Mr. Millan confirmed that Howard Street was not included in the study. They didn’t consider anything north of Touhy Avenue. Another commissioner didn’t see any comments regarding truck traffic in the analysis. Mr. Millan advised that they were taken into consideration in the traffic counts. 599837- August 4, 2022 Plan Commission meeting minutes –Touhy Avenue & Linder Avenue A commissioner asked about the noise factor and nighttime deliveries that the neighboring businessmen pointed out. He also asked how they will accommodate Skokie’s recent concern with bird strikes and glass buildings. Mr. Breclaw stated that they will reduce the amount of glass used, consider bird-friendly designs, provide acoustically-sound wall construction, and upgrade the windows. On the upper floors, he will put in facets so that it is not a wall of glass. For the retail spaces that require glass, he will look at best practices and camouflage with trees. They will limit lighting and advocate for a “dark sky” building. Another commissioner asked about a phasing timeline. Mr. Gidwitz stated that the property is mostly vacant with only 2 tenants. Uresil, a medical manufacturing tenant who they are trying to find another location for, and The Tile Shop, who has a lease until 2025 with the option to extend to 2032. The commissioner commented that Phase 2 can be many years away. Another commissioner asked about the cannabis dispensary. It is within the footprint of Phase 1 but physically separated with no connection to the residential component. Another commissioner asked about the food & beverage tenants they are interested in attracting and if a drive-through could be a possibility. Mr. Gidwitz stated that they don’t have any tenants yet; a drive-through is not being considered. Mr. Lord is in agreement with the staff report and minor changes disclosed. They will consent to a 6-ft solid fence along the north property line but stated that the residential units are above that height. Robert Silverstein, northern neighbor, commented that there are a lot of exceptions being made to push this through. With Phase 2 taking 10 years to complete, he asked if changes could be made in the meantime from what is presented now. He also added that foot traffic is not safe with the amount of truck traffic in the area. Recommendations and Voting Case 2022-22P A motion was made to accept, as presented, a request to rezone 5440 Touhy from B3 Business to B4 Regional Mixed-Use Shopping and to rezone 5404-5418 Touhy and 7235 Linder from M1 Office Assembly Industry to B4 Regional Mixed-Use Shopping. Motion: Mathee Second: Burman Absent: Lakhani & Ousley Ayes: 7 Nays: 0 Case 2022-23P A motion was made to approve a site plan approval, as presented, to develop a new mixed-use development to include first floor retail sales or services, including a possible cannabis dispensary, and upper-story residential over nonresidential uses at 5404-5440 Touhy and 7235 Linder. 599837- August 4, 2022 Plan Commission meeting minutes –Touhy Avenue & Linder Avenue Motion: Mathee Second: Burman Absent: Lakhani & Ousley Ayes: 7 Nays: 0 A motion was made to accept the following items of relief: - Parcel A to have a 0’ south side yard and 0’ east rear yard in lieu of 25’ minimum - Parcel B to have 0’ east and west side yards, and a 4’ north rear yard in lieu of 25’ minimum - Parcel C to have a 0’ west side yard in lieu of 25’ minimum - Allow 59% of west wall linear frontage of Phase 1 to consist of commercial uses or lobby area in lieu of 60% - Allow 26% of the west wall of Phase 1 to be window/entry door glazing in lieu of the minimum 50% - All a corner building without a corner entrance - Allow the pavement to be developed consistent with the final approved plans, which may include a dimension less than the required 6’. [Note: Ample room must remain for fence/landscape screening.] - Allow 355 Phase 1 residential parking spaces and 379 Phase 2 residential parking spaces, for a total of 734 residential parking spaces. This will be documented via a shared parking agreement approved by the Village. - Other relief as discovered during the review of this case. Motion: Burman Second: Shah Absent: Lakhani & Ousley Ayes: 7 Nays: 0 Case 2022-24P A motion was made to approve as presented, the request for a 3-lot subdivision/dedication of 5404 -5440 Touhy Avenue and 7235 Linder Avenue. Motion: Shah Second: Minchella Absent: Lakhani & Ousley Ayes: 7 Nays: 0 599837- August 4, 2022 Plan Commission meeting minutes –Touhy Avenue & Linder Avenue