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Village of Brookfield Planning and Zoning Commission met June 27

Here are the minutes provided by the commission:

I. Call to Order

Chairperson Grund called the regular meeting of the Planning and Zoning Commission to order at 7:00 PM.

II. Roll Call

Present: Chairperson Grund and Commissioners Evans, Sabourin, Straka, Svoboda, and Weber.

Absent: Commissioner Miller.

Others Present: Trustee Liaison Jennifer Hendricks, Community Development Director Libby Popovic, and Village Planner Kate Portillo.

III. Approval of Minutes

Chairperson Grund entertained a motion to approve the meeting minutes dated May 23, 2024.

Commissioner Straka so moved. The motion was seconded by Commissioner Sabourin.

AYES: Grund, Evans, Sabourin, Straka, Svoboda, Weber.

NAYS: None.

ABSTAIN: None.

Motion Passed 6-0.

IV. Public Comment

No public comment.

V. Old Business

Case No. 24-09 Continuation of a Public Hearing to Consider a Request for a Special Use Permit for a Massage Establishment at 9211 Broadway Avenue.

Chairperson Grund noted that the public hearing had been opened and continued on May 23, 2024, and would proceed today.

Village Planner Kate Portillo presented the staff report and responded to a Commissioner question related to the applicant’s proposed condition to make payments in lieu of sales tax on an annual schedule.

Chairperson Grund opened the floor for Public Comment and swore in those who stood to speak.

Attorney Tim Foley provided the petitioner’s background and the request. Li Dong gave a presentation about herself, her family, and the proposed massage establishment business. Liang Qu introduced himself as Li Dong’s husband and spoke about massage establishments in other communities and about the proposed massage establishment use relative to the Broadway business district. Attorney Foley responded to the Village finding that a “payment in lieu of sales tax” is a not a proper special use condition, spoke to the proposed massage establishment’s compatibility with the character of the corridor, and discussed previous special uses issued to Broadway Avenue businesses since 2017.

Chairperson Grund entertained a motion to close the public hearing for Case 24-09.

Commissioner Svoboda so moved. The motion was seconded by Commissioner Straka.

AYES: Grund, Evans, Sabourin, Straka, Svoboda, Weber.

NAYS: None.

ABSTAIN: None

Motion Passed 6-0.

Commissioners deliberated the requested special use. In their findings, some Commissioners stated that the proposed business would provide a service necessary to the public convenience and would promote the general welfare of the community while other Commissioners stated the proposed use was not unique to the area and the massage establishment would not align with prioritizing a diverse tax base that includes a mix of retail businesses.

Chairperson Grund entertained a motion to recommend approval of Case 24-09 for a Special Use Permit to Operate a Massage Establishment at 9211 Broadway Avenue. Commissioner Sabourin so moved. The motion was seconded by Commissioner Evans.

AYES: Grund, Straka, Svoboda.

NAYS: Evans, Sabourin, Weber.

ABSTAIN: None

Motion Failed 3-3.

VI. New Business

Case No. 24-10 Public Hearing to Consider a Request for a Special Use Permit for Joint OffStreet Parking for the Blue Water Bar located at 9016 W 31st Street.

Chairperson Grund entertained a motion to open the public hearing. Commissioner Straka so moved. The motion was seconded by Commissioner Sabourin.

AYES: Grund, Evans, Sabourin, Straka, Svoboda, Weber.

NAYS: None.

ABSTAIN: None.

Motion Passed 6-0.

Village Planner Kate Portillo presented the staff report.

Chairperson Grund opened the floor for Public Comment and swore in those who stood to speak.

Errol Kirsch described the proposed project and responded to questions from the Commissioners. Commissioners asked questions about the current and future occupancy of the building, regarding the proposed use of the garage, about the current condition of the parking lot and proposed improvements and requested more information as to the location of the refuse container and how the disposal of grease is/will be handled. John Scheuerman was sworn in to clarify the intended process for grease disposal when a kitchen is added.

Chairperson Grund entertained a motion to close the public hearing for Case 24-10.

Commissioner Straka so moved. The motion was seconded by Commissioner Svoboda.

AYES: Grund, Evans, Sabourin, Straka, Svoboda, Weber.

NAYS: None.

ABSTAIN: None.

Motion Passed 6-0.

Commissioners deliberated the requested special use. In their findings, Commissioners stated that the joint parking serves as a model of cooperation in using an underutilized lot to come into compliance with off-street parking requirements for another business use, commented that the proposed streetscape is a welcome action to modify the impacts of a parking area within the corridor, and is compatible with existing uses and the purpose of the zoning district.

Commissioner Sabourin entertained a motion to recommend approval of Case 24-10 for a Special Use Permit for Joint Parking at 9046 W 31st Street with the condition that the landscaping buffer along the 31st Street right-of-way is provided. Commissioner Svoboda so moved. The motion was seconded by Commissioner Evans.

AYES: Evans, Grund, Sabourin, Straka, Svoboda, Weber.

NAYS: None.

ABSTAIN: None.

Motion Passed 6-0.

Case No. 24-11 Public Hearing to Consider a Request for a Special Use Permit for an Indoor

Assembly Use of a Children’s Playroom at 9037 Monroe Avenue.

Chairperson Grund entertained a motion to open the public hearing. Commissioner Svoboda so moved. The motion was seconded by Commissioner Straka.

AYES: Grund, Evans, Sabourin, Straka, Svoboda, Weber.

NAYS: None.

ABSTAIN: None.

Motion Passed 6-0.

Village Planner Kate Portillo presented the staff report and read an emailed public comment into the record received from Robert and Pamela Goodman in support of the business.

Commissioners requested information on the current off-street parking requirements and requested confirmation that if the business operators changed their business model to an event space, it would trigger the need for a new special use application under the Village Code.

Chairperson Grund opened the floor for Public Comment and swore in those who stood to speak.

Szewai Lee and Chris Watland gave introductions and shared a presentation on their business plan for “Winnie’s Playroom”. The primary intended use is an indoor playroom for children up to 6 years old with secondary uses of events/workshops and retail, with hours of operation Monday through Friday 9 a.m. to 4 p.m. and on Saturdays and Sundays from 10 a.m. to 6 p.m.

Commissioners asked questions about whether the parking spaces in the rear of the building are designated, requested confirmation that adult supervision is required (not a drop-off service) and that no on-site food preparation is planned, and reviewed the hours of operation.

Resident Maria O’Donnell came forward not in favor of the special use, with concern for the safety of pedestrians and related to congestion in the streets.

Chairperson Grund entertained a motion to close the public hearing for Case 24-11.

Commissioner Straka so moved. The motion was seconded by Commissioner Svoboda.

AYES: Grund, Evans, Sabourin, Straka, Svoboda, Weber.

NAYS: None.

ABSTAIN: None.

Motion Passed 6-0.

Commissioners deliberated the requested special use. In their findings, Commissioners stated that the use is unique and a positive addition to the immediate area, provides a strong retail component, is compatible with existing uses in the vicinity as the hours of operation are nearly opposite of the Off Broadway business, and the operating hours alleviate concerns about impacts which the proposed business workshops/events components would cause or intensify upon properties in the area.

Commissioner Svoboda entertained a motion to recommend approval of Case 24-11 for a Special Use Permit for an Indoor Assembly Use of a Children’s Playroom at 9037 Monroe Avenue with the condition that signage be provided in the rear of the building designating the parking spaces for the three businesses in the building. Commissioner Evans so moved. The motion was seconded by Commissioner Sabourin.

AYES: Evans, Grund, Sabourin, Straka, Svoboda, Weber.

NAYS: None.

ABSTAIN: None.

Motion Passed 6-0.

Case No. 24-12 Public Hearing to Consider a Request for a Final Planned Development for Property Located at 8845 Burlington Avenue.

Chairperson Grund entertained a motion to open the public hearing. Commissioner Sabourin so moved. The motion was seconded by Commissioner Straka.

AYES: Evans, Grund, Sabourin, Straka, Svoboda, Weber.

NAYS: None.

ABSTAIN: None.

Motion Passed 6-0.

Village Planner Kate Portillo presented the staff report, provided a review of the Planned Development process to date, and noted one additional variance should be included in the Final Planned Development. Commissioners asked questions about the additional variance and about the Final Engineering page specific to stormwater management regulations still needed.

Chairperson Grund opened the floor for Public Comment and swore in those who wished to speak.

The applicant Elizabeth Diaz and architect Ronald Vari provided context on the construction expertise now engaged for the project. Commissioner questioning focused on gaining an understanding as to why the Final Planned Development application remains incomplete relative to the conditions given at the January 25, 2024 meeting, specifically Final Engineering and Final Landscaping. There was no other public comment.

Chairperson Grund entertained a motion to close the public hearing for Case 24-12.

Commissioner Straka so moved. The motion was seconded by Commissioner Evans.

AYES: Evans, Grund, Sabourin, Straka, Svoboda, Weber.

NAYS: None.

ABSTAIN: None

Motion Passed 6-0.

Commissioners deliberated approval of the Final Planned Development, noting numerous concerns based on past experience and the observing the condition of the property in recent months. The discussion moved to continuing the public hearing versus making the outstanding items a condition of advancing to the Committee of the Whole. In their findings, the Planning and Zoning Commission determined that the following standards had been met:

• The proposal is in general conformity with the previously approved preliminary planned development.

• The proposal justifies the intended variations from the strict application of the zoning ordinance.

• The proposal requires the following additional conditions, with supplemental documents submitted and approved as listed before being heard at the Committee of the Whole meeting:

◦ All items as stated in the staff report dated June 27, 2024.

◦ Variance for a 11’3” garage entrance drive aisle from the required 22’ drive aisle.

◦ All exterior street elevations (Sheet A2.0 and A2.1) to match building renderings (Sheet R).

Chairperson Grund entertained a motion to recommend approval of the Final Planned Development with the conditions as stated in the findings. Commissioner Svoboda so moved.

Commissioner Sabourin seconded the motion.

AYES: Evans, Grund, Sabourin, Straka, Svoboda, Weber.

NAYS: None.

ABSTAIN: None

Motion Passed 6-0.

VII. Other Business

Village Planner Kate Portillo shared that the draft findings for the Zoning Code Update project will be presented at the July meeting. Director of Community Development Libby Popovic announced Michelle Niemeyer has joined the department as the Building Division Manager.

VIII. Adjournment

Chairperson Grund entertained a motion to adjourn the meeting. Commissioner Sabourin so moved. Commissioner Svoboda seconded the motion.

AYES: Grund, Evans, Sabourin, Straka, Svoboda, Weber.

NAYS: None

ABSTAIN: None

Motion Passed 6-0.

The meeting was adjourned at 8:59 P.M.

https://brookfieldil.civicweb.net/document/164777/