Plan Commission

APPROVED 9-05-2024 Meeting Minutes For Plan Commission Date: August 15, 2024 Skokie Village Hall, 5127 Oakton St, Council Chambers Plan Commission Members Present: Paul Luke- Chair Sigalle Shpayher, Erica Crohn-Minchella, Scott Berman, Cindy Franklin, Tali Gevaryahu, Jeff Burman- Vice Chair and Ross Mathee Plan Commission Members Absent: Vijai Gupta Presiding Officer: Paul Luke- Chair Staff Present: Tyler Kobylski, Asst Corp. Counsel Johanna Nyden, Community Dev. Dir., Mike Voitik, Planning Technician, and Justin Malone, Neighborhood & Housing Coord. (I) CALL TO ORDER A quorum being present, Chair Luke called the meeting to order at 7:30 PM. (II) APPROVAL OF MINUTES A motion to approve the minutes of the July 18, 2024 meeting was made by Commissioner Jeff Burman and seconded by Commissioner Scott Berman. Ayes: Unanimous voice vote. The motion passes. (III) RULING ON NOTICE Assistant Corporation Counsel Kobylski determined that notices were proper and correct in all cases. (IV) CASE DESCRIPTIONS Case 2024-20P – Subdivision: 4801-4999 Old Orchard Center Old Orchard Urban Limited Partnership, an Illinois limited partnership, requests a subdivision of 2 lots into 6 lots in an R1 Single-Family zoning district, a B1 Service Commercial zoning district, and a B4 Regional Mixed-Use Shopping zoning district. Included with the subdivision is the recording of a 20-foot-wide right-of-way dedication along Old Orchard Road, and any relief that may be discovered during the review of this case. Case 2024-21P – Site Plan Approval: 4801-4999 Old Orchard Center Old Orchard Urban Limited Partnership, an Illinois limited partnership, requests to amend an existing site plan approval for a planned development for multiphase modifications at Westfield Old Orchard shopping center in an R1 Single-Family zoning district, a B1 Service Commercial zoning district and a B4 Regional Mixed-Use Shopping zoning district that includes: 1 621403  APPROVED 9-05-2024 Phase I- The demolition of the existing retail space at the northwest corner of the shopping center (4963 Old Orchard Center and 4999 Old Orchard Center, Building J) and the construction of a 5- and 7-story mixed-use building in separate masses connected by multiple bridges and common areas, that will contain retail restaurant uses and up to 425 multifamily residential units, and residential amenity space; reconfigured internal driveways; and a new outdoor common area event space; Phase II- The demolition of the existing retail space to the east of Phase I (4999 Old Orchard Center, Building H), the construction of a 7-story mixed-use building that will contain retail and restaurant uses, 250 residential units, residential amenity space, and a parking garage; along with an 8-story mixed-use building that will contain retail and restaurant uses and a 200-key hotel or up to 125 residential units; and reconfigured internal driveways; plus any relief that may be discovered during the review of this case. PINS: 10-09-411-081-0000 and 10-09-411-085-0000 Donna Pugh, a Partner with the law firm Foley & Lardner on behalf of the petitioner started the presentation and stated that the names Westfield Old Orchard, URW might be used interchangeably throughout the presentation. Ms. Pugh explained the ownership of the parcels throughout the Old Orchard property and highlighted which parcels will be focused on both Phase I and Phase II of development. Stephen Fleur, Senior Vice President for Westfield, presented Phase I of the development plan, focusing on the “north mall” section of Old Orchard, north of the Professional Building. Mr. Fleur presented changes in the circulation and traffic patterns within Phase I for both vehicles and pedestrians, with an emphasis on frictionless travel and putting to use the underutilized Orange parking garage. Mr. Fleur thanked Village staff for their assistance and guidance through the process. Justin Pelej, Executive Vice President for Focus, presented examples of similar infill development work projects in the North Shore region, including Fox Valley Mall and Hawthorn Mall. Mr. Pelej stated that having apartments and a good mix of tenants at the mall is important, creating a vibrant space with more activity. Mr. Pelej stated that multifamily housing at a mall like Old Orchard provides renters who are seeking a suburban location with the walkability of an urban environment. Mr. Pelej presented on pedestrian and vehicle access and circulation within Phase 1, including a drop-off cul-de-sac. He also presented details regarding the 5- and 7-story residential buildings within the development, including amenities, design standards, and walkability between buildings. 2 621403  APPROVED 9-05-2024 Vic Howell, Senior Development Manager at Focus, presented on the planned sustainability and resiliency goals for the development, stating that the project is pursuing LEED Gold standards. They are following sustainability initiatives per the Village’s Sustainability Plan and will include amenities such as bike storage, EV charging stations, and the addition of green space to assist with reducing the urban heat island effect. Mr. Howell presented that the Village’s recently passed Inclusionary Housing Ordinance pertaining to Affordable Housing is not applicable to this project due to the date of the development’s submission, but the developer is proposing 3.5% of the housing as affordable to residents earning 60-80% area median income (AMI), creating around 15 units of affordable housing on site. Mr. Howell stated that this will assist in targeting workforce housing residents and young professionals who work in the area. Stephen Fleur presented Phase II of the development, including both residential and hotel buildings east of Phase I. Mr. Fleur spoke on vehicle and pedestrian circulation in and around the site and stated that although a hotel is what the desired goal is for this phase of the development, it is dependent on economics at the time. Mr. Fleur stated that if the hotel is not viable at the time, then that building will be planned as multifamily residential instead. Mr. Fleur stated that the number of affordable residential units for Phase II would remain at 3.5% as well. Commissioner Scott Berman asked about finalized entrance and exits for the proposed parking garages. Mr. Berman also asked if the twenty-foot right-of-way on the proposed internal road within the development would be wide enough to accommodate two cars passing. Kelly Conolly, Transportation Engineer with Sam Schwartz Engineering, presented details on traffic circulation and parking garage access, stating that the design of the future underground parking garages will be finalized once structural plans are complete. The proposed internal road is intentionally narrow for speed reduction and follows the recommended lane widths of 10-11 feet per lane. Commissioner Scott Berman asked if parking in the Orange Garage was limited to residential or will allow for customer retail use. Kelly Conolly answered that only the top floors of the parking garage will be reserved for residential, the remaining will be for retail and hotel use. Justin Pelej stated that they were trying to strike a balance between keeping the street pedestrian friendly and calm with traffic, but they also spent time reviewing this street with the Fire Department too make sure it was adequate for them. Commissioner Jeff Burman asked if the Village’s Bird Strike Mitigations would apply to the taller buildings within the development. Johanna Nyden, Community Development Director, stated that these buildings would need to adhere to current policies for Bird Strike Mitigation, which will come up during permit review. 3 621403  APPROVED 9-05-2024 Commissioner Gevaryahu asked if the parking at the Orange Garage was for both the north and south buildings of Phase I and how far of a walk is it between the garage and these buildings. Kelly Conolly stated that for Phase I the parking garage will accommodate parking for both the north and south portion. Ms. Conolly stated the distance between the parking garage and the building was approximately 200 feet. Justin Pelej stated that the intent is that the parking spots will be listed adjacent to the units where the resident lives, so that they’re not parking across the development. Commissioner Gevaryahu asked if the retail tenants in the new buildings will be subject to all of the same standards as the other retail tenants in Old Orchard. Stephen Fleur stated the new tenants will have the same standards that Old Orchard currently has. Commissioner Shpayher asked about the location of parking for new businesses as there are many surface parking spaces being removed. Kelly Conolly stated that the Orange Garage is currently about 15% occupied on a December condition and is highly underutilized. Ms. Conolly stated that this garage will continue to accommodate the proposed businesses and accommodate all of the residential in this building. Ms. Conolly stated that it is correct that approximately 400 surface parking spaces will be removed in the area, however there are new parking garages being built to further accommodate the Village’s parking requirement for residential which is one and a half spaces per unit. She also stated that this requirement will probably be too much for the demand that will be generated, so there may be some option to use that for commercial. Commissioner Mathee asked how many of the six floors of the Orange Garage will be dedicated for just residential. Justin Pelej confirmed that the Orange Garage currently has 2,033 spaces and the residential as planned would use 638 of those. Vic Howell stated that the bridges that connect to the residential buildings are on floors three, four, and five, and six so the residential parking will be on sections of those floors. Commissioner Mathee asked if it will be secured via card access on the dedicated floors that will be separate from mall customers. Vic Howell confirmed that there will be separation between public and private parking per floor of the parking garage. Commissioner Scott Berman asked about what will be happening to Barnes & Noble and Cheesecake Factory since the phases look like they will be eliminated. Stephen Fleur verified that Westfield is working with businesses and has a plan for those that may need to be relocated. Commissioner Jeff Burman asked if the applicant could address the traffic issues relative to Old Orchard Road and Lavergne in terms of increased traffic flow and volume. Kelly Conolly stated that the traffic study was completed by Sam Schwartz and reviewed by Village and County staff and contains needed items regarding traffic control, 4 621403  APPROVED 9-05-2024 pavement markings, and signage recommendations. Ms. Conolly stated that in general the study concludes that residential is not a high traffic generator and it also helps that any retail traffic created would be dispersed over the course of the day. She stated that there will be approximately 300 additional trips in the morning and only generating about 100 additional trips on a Saturday in peak hours of the day, totaling about 5-6% increase for the whole shopping center. Ms. Conolly stated that they were confident that is manageable considering the updates to the circulation and geometric improvements in the area. Chairman Paul Luke asked if some of the residents could enter from the south end at Golf and work their way through the shopping center to park. Kelly Conolly stated that they anticipate that Lavergne will be a key route from the south due to the direct access. Commissioner Shpayher asked if this development affects the high school in any way in terms of traffic or construction. Kelly Conolly stated that the traffic study incorporates the school session. Justin Pelej made a point to clarify that the additional traffic counts that were mentioned a moment ago were based on a Bloomingdale’s that is now closed. Mr. Pelej also stated that Vic and himself met with both of the superintendents for the schools and had positive meetings, concluding that there might be an additional 10-20 children coming from these buildings and were not concerned about transportation. Commissioner Mathee asked about the timelines for Phase I and Phase II. Justin Pelej stated that 27 months would be the intent after approvals, working drawings for permits, and financing. He stated that a reasonable assumption would be a construction start time in the second or third quarter of next year. Mr. Pelej also stated that they would want to execute Phase I and seeing and schedule Phase II since they are two different construction projects. Commissioner Mathee asked if they would finish Phase I before beginning Phase II. Justin Pelej stated Phase I is the first project to focus on. Mike Voitik, Planning Coordinator, requested that the staff reports be accepted as written. Staff is supportive of the request based on conditions that include current site plan approval, the repeal of outdated ordinances, and that the 5 items of relief from previous approvals be carried over and maintained. Mr. Voitik explained that there is sufficient parking to accommodate the updated uses. He also stated that the Appearance Commission would be reviewing this case at the earliest date of August 28, 2024. Mr. Voitik presented staff’s recommended conditions for the development. Chairman Luke asked about the timeframe of the stoplight at Lavergne Avenue and the west access to the development (Editor’s note: staff’s previous comment was mistakenly stated as Lavergne Avenue instead of Lamon Avenue). Johanna Nyden stated that the warrant analysis would be one year after the completion and occupancy of Phase II. 5 621403  APPROVED 9-05-2024 Commissioner Mathee asked about who will be responsible for maintaining and owning the Orange Garage. Mike Voitik stated that the ownership of the garage will be maintained and owned by the petitioner, Westfield. Commissioner Scott Berman asked about new loading and unloading areas throughout the new sections of the development and if they will be as out in the open as they currently are. Mike Voitik stated that multiple loading zones are shown on the site plan and developer can show details on the project elevation documents. Donna Pugh stated that her staff did not have any further questions or comments for staff. Commissioner Scott Berman asked for clarification for the loading and unloading zones within Phases I and II of the project. Justin Pelej stated that there will be a combination of enclosed and open loading zones at various locations throughout the development and that deliveries are scheduled and controlled. Commissioner Mathee asked if the loading and unloading zones include residential move-ins and outs. Justin Pelej stated that those movements will be scheduled as well. (V) PUBLIC COMMENT Kathy White, a resident at 5001 Golf Road, the first house southwest of Old Orchard. Ms. White stated that she was pleased with the changes thus far, but had concerns regarding drainage as there has been increased flooding in the area. Ms. White also had concerns about the financials for the project as well as affordable housing, stating that this project should maximize affordable housing within the development. C. Stelic, a Skokie resident, who lives on Bronx Avenue on the other side of the development and has concerns with the pedestrian safety and bicycle safety as some of the roads are main throughways for kids to get to the high school. Ms. Stelic also shared concerns about how to exit her neighborhood with the new traffic patterns and parking at the nearby park where the pickleball courts are. Sarah Gen, a business owner at Old Orchard, stated that she has concerns over where her business will be relocated at the mall as her business is currently part of Phase I. Ms. Gen stated that her business books far in advance and she has not been spoken to about the future of her business. 6 621403  APPROVED 9-05-2024 Don Bell, a business owner at Old Orchard, asked if there was going to be any improvements to the Professional Building or the rest of the mall. Mr. Bell also asked if the 1% sales tax will be going away because his customers try to avoid paying it. Gail Schecter, on behalf of Skokie Neighbors for Housing Justice, stated that she’s pleased with the mixed-use project and thanked Mr. Fleur for meeting and listening to her group. Ms. Schechter asked the developer to consider permanent affordability so those units don’t expire as well as increasing the number of affordable units. Ms. Schechter stated that during the developer’s presentation there was no mention of local workforce and that the terms “young professionals” and “empty nesters” implies that families with children are not permitted to live at the development. Kimberly Polka, a Skokie resident, thanks the developers for including affordable housing and sustainability into the project, but wishes there was more affordable housing. Ms. Polka also shared concerns that residents don’t receive as much time to speak at meetings as the developers. Sue Lobach, Director of Advocacy at Connections for the Homeless, stated that she is happy to see affordable housing included but would like to ask for more; going up to 5%. Ms. Lobach also stated that she thinks that the largest employers in Skokie should be stakeholders in affordable housing as well as they are the ones paying the wages and could perhaps subsidize the rent for their workers in need, particularly the hospital systems. James Johnson, a Trustee for the Village of Skokie, asked the Plan Commission to push Westfield on the issue of affordable housing. Mr. Johnson stated that as a Village Trustee, he is going to be one of the officials receiving the Plan Commission’s recommendations and would like the Commission and the Westfield representatives to know that this redevelopment project will not have his support if Westfield is unwilling to fully comply with the Village’s new Inclusionary Housing Ordinance. Chairman Paul Luke asked Trustee Johnson to save his comments for the Board Meeting. Trustee James Johnson stated that not allowing his comments will be a violation of the Open Meetings Act and strongly advises against doing so. Chairman Luke stated that he believes it is inappropriate. Commissioner Scott Berman stated that in his opinion as a citizen, Trustee Johnson has the right to speak separate from his position. Commissioner Jeff Burman stated that Trustee Johnson is speaking as a Trustee, not a citizen. 7 621403  APPROVED 9-05-2024 Commissioner Scott Berman referred to Tyler Kobylski, Assistant Corporate Counsel, for a legal opinion because Trustee Johnson has a right to speak as a citizen who happens to be a Trustee. Chairman Luke stated that Trustee Johnson has already identified himself as a Trustee and asked Trustee Johnson to reintroduce himself as a citizen. James Johnson reintroduced himself and stated that the affordability requirements in the Village’s Inclusionary Housing Policy are already low and, in his opinion, should be the bare minimum that Westfield should be considering in terms of affordable housing. Mr. Johnson continued stating that the Village has already done too much to assist Westfield in this development by saying that Old Orchard mall is a “blighted” area even though it is economically successful and has a higher sales tax. (VI) RECOMMENDATIONS AND VOTING Case 2024-20P A motion was made to accept the Subdivision of 4801-4999 Old Orchard Center Motion: S. Berman Second: Shpayher Ayes: 8 Nays: 0 Case 2024-21P A motion was made to approve the Site Plan at 4801-4999 Old Orchard Center Motion: S. Berman Second: Gevaryahu Ayes: 8 Nays: 0 (VII) PUBLIC COMMENT (FOR NON-AGENDA ITEMS) Gail Schecter asked about the timeframe regarding the Plan Commission working on the Community Land Trust and the Affordable Housing Fund. (VIII) ITEMS FOR COMMUNICATION The next regularly scheduled meeting will take place on September 5, 2024. (IX) ADJOURNMENT Chair Luke adjourned the meeting at 9:23 PM. Respectfully submitted, Justin Malone, Neighborhood & Housing Coordinator 8 621403