MEMORANDUM. FROM: Jeff Ryckaert, Principal Planner and Dan Nakahara, Planner

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1 MEMORANDUM TO: Plan Commission FROM: Jeff Ryckaert, Principal Planner and Dan Nakahara, Planner DATE: May 4, 2017 RE: Special Use for a retail store of over 30,000 square feet, Art Van Furniture (former Sport Authority space). Subject Property The subject property consists of Deerbrook Shopping Center which is acres in size. The subject property is zoned C-2 Outlying Commercial District and is a Commercial Planned Unit Development. In 2001, Deerbrook Mall received approval for an amendment to the PUD for major renovations to the property including the parking lot, landscaping, signage, lighting, exterior façade, and improvement to the south end of the mall for the former Great Indoors space. As a result of the 2001 renovations to the shopping center, the gross square footage of the shopping center was 651,196 square feet and the gross leasable area was 623,761 square feet according to the 2001 approved site plan. In 2005, the ownership received approval for major renovations to the middle portion of the shopping center including removing the roof over the interior portion of the mall and converting that area to a open-air mall, new tenant and directional signage, removing the vacant theater space and adding parking spaces in the rear and vehicular connections at the north and south ends to Deerfield Park Plaza (formerly Lake Cook Plaza). The only part of Deerbrook s 2005 plans that were implemented were the vehicle interconnection between the two shopping centers at the north and south ends, while the rest of the 2005 approved plans expired. In 2013, the property received approval for renovations to the northeast corner of the shopping center including demolishing the old Devon Bank building and reconstructing a new outlot building in this location for Subway and MOD Pizza restaurants. A Starbucks restaurant with a drive-thru was also approved at this time. In 2014, the property owner received Special Use approval for the Hobby Lobby store at the south end of the shopping center in the former Best Buy space. In 2015, Deerbrook received approval of renovations to the north end of the shopping center to permit a new Jewel- Osco store and two new outlot buildings. As a result of the 2015 renovations, the square footage of the shopping center was 629,552 square feet. In 2017, the petitioners are proposing major renovations to the middle portion of the shopping center between Hobby Lobby and the future Art Van Furniture store (former 1

2 Sports Authority) resulting in 534,757 square feet to Deerbrook Shopping Center; a Special Use for a Stein Mart store in the Office Max space; and renovations to the pylon signs along with new signage criteria for the shopping center. These improvements are currently going through the zoning approval process and a public hearing was held April 27 and the Plan Commission recommendation will be going to the Board of Trustees on May 15, Surrounding Land Use and Zoning North (across Lake Cook Road): C-2 Outlying Commercial District - Shell Gas Station, Luna, and other retail uses South: C-2 Outlying Commercial District - Red Roof Inn Motel, Northwestern Memorial Hospital medical offices and Prairie Point Shopping Center East: (across Waukegan Road): C-2 Outlying Commercial District and unincorporated Cook County North Shore University medical offices, and vacant former Office Depot property, and Glenbrook Countryside Estates subdivision (single family residential) West: C-2 Outlying Commercial District Deerfield Park Plaza Proposed Plans for Art Van Furniture Store The petitioners are seeking a Special Use for a 41,966 square feet Art Van Furniture store in the former Sports Authority space. Art Van Furniture stores sells furniture, mattresses, bedding and flooring. Staff has asked the petitioners for a detailed written description of the proposed use at this location, and the petitioners have provided this in their materials as part of their written narrative; please refer to the petitioner s materials for more details on the store s operations (hours of operation, peak times, number of employees, company background, etc.). The petitioners have indicated that most of their customers will have their furniture delivered to their homes, which comes from Art Van s Bolingbrook distribution center (warehouse). The petitioners are proposing to change the existing facade for the new Art Van Furniture store. The petitioner s building elevation drawings and material schedule (see drawing AO5) indicates the following exterior building materials for the new Art Van Furniture store: stone veneer; metal panels (a red and grey/white color) cedar wood planks; aluminum storefront, efis; refinishing the existing canopy; metal coping. The highest point of the east facade has decreased in height from Sports Authority height of from grade to the top of the architectural element to Art Van Furniture s proposed height of 31 8 to the highest point of the new facade. The new façade will complement Jewel s architecture while maintaining the Art Van Furniture appearance of the space. The petitioner s elevation drawing also shows the new tenant wall sign for Art Van Furniture. 2

3 The east wall of the Art Van Furniture will be illuminated (façade will be wash lit) via photocell activiation with uplighting from dusk until one hour after the store closing (see plan AO6, Façade Lighting at midnight and dusk, and the next page is a photometrics plan of the lit wall). The flood lighting will be approximately 4 feet from the building wall in a landscaped area and will face upward and toward the building wall. At the prefiling conference, there was discussion about having the wall lit up throughout the night, but now the wall will only be lit until one hour after the store closes. The petitioner s have submitted a letter dated May 4, 2017 from their architect, Darron Green, that explains the proposed east wall lighting of the Art Van Furniture store. The petitioner s letter explains that they wish to highlight architectural materials of their façade. Their objective is to tastefully light the façade to accentuate the quality materials and interesting textures. The petitioners have also indicated the metal panel on the wall containing their logo will not be lit with the wash lighting. Their letter indicates their preference is to have the wall lit from dusk until one hour after the store closes. The site plan indicates that the petitioners are proposing a new seven (7) foot wide planting area at the front of the store. This planter area is an expanded soil area with new plantings as shown on the plans (see plan AO3, and the enlarged store entry at the top right side of the site plan - A02). Zoning Conformance Retail stores over 30,000 square feet in size in the C-2 District (when located south of Lake Cook Road) are a Special Use. Attached are the Special Use standards. Parking and Traffic Study The petitioners do not believe that a parking and traffic study is necessary as a new retailer, Art Van Furniture, is a retailer replacing another retailer (Sports Mart) and a traffic and parking study would be of little value. At the prefiling conference, the Plan Commission did not see a need for a new traffic and parking study for proposed furniture store use. Parking for Deerbrook Shopping Center PUD Required Parking for Deerbrook Shopping Center: In 2001, Ordinance O-01-39, approving the renovations to Deerbrook Shopping Center granted a parking variation for Deerbrook (3,814 spaces were required when calculated on a use-by-use basis, and 2,804 spaces were provided according to Village records, a 26% reduction). In 2001, the Plan Commission (and Board of Trustees) believed the parking variation was warranted. The Village believed that the shared parking for Deerbrook had merit as the demand for parking will vary throughout the day based on the mix of businesses at the shopping center (e.g. retail busier during the day and 3

4 restaurants busier in the evening). The Village believed that if all the uses were the same type so that their peak hours (busiest times) of operation coincided, then the maximum number of parking spaces would be needed, but that was not the case. Since the different uses in Deerbrook have varying peak parking demand times, the Village believed that the maximum amount of parking required by the Zoning Ordinance was not necessary. In 2005, the Village granted a further parking variation to Deerbrook to accommodate the vehicular cross access interconnection plan with Deerfield Park Plaza (which was the only part of the 2005 plan that was implemented). The uses at Deerbrook Shopping Center require a total of 2,871 spaces when calculated on a use-by-use basis based on the square footage and the uses shown on the site plan that is being presented to the Village. Proposed Parking at Deerbrook: As a result of the renovations to the area of the shopping center located between Hobby Lobby and the new Art Van Furniture store, a total of 2,918 parking spaces will be provided at Deerbrook Shopping Center (including the handicapped spaces and underground spaces below the former Great Indoor and Wonder stores). Loading In a Planned Unit Development, the Plan Commission may recommend loading berths adequate in number and size to serve the proposed development. No changes are shown for the new furniture store and Art Van will be utilizing the existing loading area at the back of the store. At the prefiling conference, the petitioner discussed the possibility of installing levelers for the loading dock. Exterior Trash Areas Any new exterior trash areas have to be fully screened from view. The petitioners have shown no changes to the existing trash areas at the rear (west side) of the store. HVAC/Mechanical Screening Any new rooftop units to be installed or the replacement of existing rooftop units, need to be screened from public view. The building s front parapet wall provides screening for the rooftop units and ranges from 6 tall to 10 tall. Signage Proposed Wall Signage for Art Van Furniture The Zoning Ordinance regulations, as well as the sign criteria for the Deerbrook Shopping Center must be followed. Recall the proposed revised sign criteria for Deerbrook is going through the approval process now. 4

5 Wall signs Number: Area: Location: Height: Permitted: For each use occupying a ground floor, one (1) sign facing a public street, public right-of-way or parking area. Proposed: Front (east) wall: One (1) wall sign as shown on the sign plan (channel letters, face lit only sign, not a back lit sign) Permitted: The Zoning Ordinance allows 8% of the area of the wall or 80 square feet for a front and rear wall whichever is greater, not to exceed 250 s.f. The area of the wall on which the sign is to be placed is 3,070 square feet in area (when measured from grade to the roof deck) and 8% of the area of the wall = 245 square feet. Proposed: Front (east) wall: 167 s.f. (14 2 ½ high by /8 wide) when a box is placed around all of the sign elements as required by the zoning ordinance. Permitted: Walls signs may be located on the outermost wall of the principal building fronting a public street, public right-way, easement for access or parking area. Proposed: Located on the east wall of the building. Permitted: Wall signs may not project higher than the parapet line of the roof (the roof deck) or more than 30 feet above curb level, whichever is lower. Recall a few years ago that the Village passed an ordinance that allowed a wall sign be located 3 feet above the roof deck with no variation, and this no request can be handled by the ARC. Proposed: The proposed front (east) wall sign is located 3 feet above the roof deck (no variation needed, as the sign is not over 3 feet above the roof deck). The roof deck is at as shown on the east building elevation drawing. 5

6 Illumination: Permitted: Any illuminated sign located within 120 feet of a residential district shall be extinguished at the close of business or 11:00 p.m. whichever is later. Proposed: Internally illuminated with LEDS, face lit only. Deerbrook Sign Criteria (for new east wall sign for Art Van Furniture) The proposed east wall sign meets the new sign criteria for Deerbrook shopping center. Pylon Signs - Waukegan Road and Lake Cook Road The petitioner s plans shows they are proposing signage on the refurbished pylons signs. Under the revised sign criteria for Deerbrook, a double-sided tenant panel can be placed on any one (1) of the four (4) pylon signs along Waukegan Road, but not on multiple Waukegan Road pylon signs. The petitioners are also proposing to place Art Van Furniture on the refurbished pylon sign on Lake Cook Road as they are allowed to do by the sign criteria and zoning ordinance. Window Signage The window signage regulations in the Zoning Ordinance apply to this property. The windows signage regulations for commercial tenants allow 20% coverage of window area for permanent or temporary signage, or 50 square feet in area whichever is less. A regulated window sign is located within 4 feet behind the window. Appearance Review Commission The ARC reviewed the plans on a preliminary basis on February 27, and the petitioners will be returning to the Appearance Review Commission for a final review after this items goes to the Board of Trustees and while the applicant is going through the readings of the ordinance. Prior to the preliminary ARC meeting, the applicant revised their plans for the wall signage which originally consisted of two (2) exterior wall signs, one for Art Van Furniture and the other for Pure Sleep Mattress Store. The exterior signage plans were revised so the Pure Sleep Mattress Store was placed inside the window and is regulated as window signage. The Appearance Review Commission was in favor of the revised signage plans (which are the plans being presented to the Plan Commission). At the preliminary meeting on February 27, one of the ARC commissioners asked the petitioners to tone down the red color presented in the elevation drawing that was shown to the ARC. 6

7 The ARC did not review the wash lighting of the façade at their preliminary meeting, and they will need to review this item during their final project review, which will occur after the Board of Trustees takes up the Plan Commission recommendation, during the readings of the ordinance approving the Special Use and changes to the PUD. Prefiling Conference Minutes Attached are the minutes from the April 13, 2017 Prefiling Conference meeting. 7

8 Workshop Meeting April 13, 2017 Page 2 Matt Pollack, Principal, Red Rock Custom Homes, commented that they have been working with staff to finalize the Plat of Subdivision at 1530 Woodland Drive and 1509 Wilmot Road. Chairperson Oppenheim commented that the petitioner was previously approved for their preliminary plat of subdivision and now that petitioner has come back with their final plat. Mr. Ryckaert commented that this resubdivision is a unique in that there is a public private partnership between the Village and the developer to rebuild a portion of the storm sewer that fronts this subdivision. There is a placeholder in the subdivision agreement that the Engineering Department will work on with Village legal counsel. The agreement is not complete yet because the design plans are not completed. Chairperson Oppenheim asked if the Plan Commission is able to approve this without the subdivision agreement being completed. Mr. Ryckaert noted that the Engineering Department was comfortable with final plat coming to the Plan Commission without the subdivision agreement being completed. The subdivision agreement will need to be completed before it goes to the Board of Trustees. Commissioner Bromberg motioned to approve the final plat of subdivision for 1530 Woodland Drive and 1509 Wilmot Road. Commissioner Jacoby seconded the motion. The vote was as follows: Ayes: (5) Berg, Bromberg, Jacoby, Shayman, Oppenheim Nays: (0) None The motions passed and will be on the May 1, 2017 Village Board of Trustees Meeting agenda. (3) Prefiling Conference on the Request for a Special Use for an Art Van Furniture Retail Store Over 30,000 Square Feet in the Deerbrook Shopping Center (Gateway Fairview, Inc. Property Owner and Mid-America Asset Management, Inc. - Property Manager and Art Van Furniture) Darron Green, Project Manager, Art Van Furniture introduced Marc Chamberlin, architect, Ehresman Associates. Art Van is an independently owned, family business that was started in Michigan and founded in Earlier this year, Art Van was purchased by a private equity firm but still considered a privately held business. Mr. Green commented that Art Van is considered the number one furniture and mattress store in the Midwest with over 100 stores and 3,800 employees. He noted that Art Van store have a variety of high quality brands including the Pure Sleep Mattress store within the Art Van stores. He commented that they are committed to investing not only in the buildings in which they are located but also in the communities they are in and their charities. He noted that between 2009 and 2016, Art Van donated $24M to 264 local charities. The giving back is part of the Art Van way, this will remain the way they do business, and they will continue to invest in the communities they are in.

9 Workshop Meeting April 13, 2017 Page 3 Mr. Green commented that Art Van plans to continue to grow in the future. Art Van currently has two of their largest flagship stores in the Chicagoland area; Downers Grove and Schaumburg. The Schaumburg store recently opened in late Mr. Green presented images of their stores and their investment in their buildings. He commented that they have a broad spectrum of products that they offer in a great environment. Mr. Chamberlin pointed out that this project is primarily an interior renovation. He added that they would be sprucing up the interior with new finishes and new materials. Mr. Chamberlin noted that they have had a preliminary meeting with the Appearance Review Commission (ARC) and will be with them again if they get Board approval. Commissioner Bromberg commented that their materials indicated that most of the purchases will not come from the actual store but will be delivered from another store. Mr. Green confirmed that most of the purchases would be delivered from their Bollingbrook distribution center directly to the home. There will be customer pickup at their stores as well but the majority of the purchases are delivered. Delivery is part of the purchase. Commissioner Bromberg asked if there are many truck deliveries. Mr. Green noted that they have trucks deliver product for the floor but not for inventory. Any customer who chooses to pick up their purchase is assisted with their purchase at the rear loading area. Commissioner Berg asked is any products go out through the front door. Mr. Green noted that all purchases are picked up at the rear of the store. Mr. Chamberlin commented that the rear loading area is in the same current location and will not change. Mr. Green commented that the current loading area does not have dock levelers and they are exploring putting in surface dock levelers as way to resolve this. If they do decide to do this, they would request digging a pit to install dock levelers. He added that the location would remain the same; the loading area floor would just be modified. Chairperson Oppenheim asked the petitioner to explain the request for the wash lighting of the front building wall. She added that this is not typically done in Deerfield. Mr. Green explained that they would like to highlight the architectural elements of the building and not light up the furniture. Commissioner Jacoby commented that the lights would remain on from dusk to dawn. Mr. Green commented that they will follow Village ordinance but generally, they would like to have their façade lit at night if they are allowed to do it because it lets people see who they are. Commissioner Jacoby asked if there were any existing Art Van stores with the wash lighting. Mr. Green said that this is a new feature. He commented that with the direction retail is moving in, Art Van feels that they need to let the façade design speak for itself. He added that the goal is not to make the building into a billboard. He does feel that if they are allowed the signage they have proposed they feel that is sufficient for signage. Art Van is interested in highlighting the architectural and material elements. Chairperson Oppenheim commented that they have not had a request to highlight a building in this fashion. Mr. Ryckaert noted that there have not been any requests like

10 Workshop Meeting April 13, 2017 Page 4 this in the commercial districts but is aware of a hotel (Embassy Suites) in the I-1 Zoning District that has its building wall lit and possibly a building in the Corporate 500 Center. He added zoning ordinance does not address this type of lighting but this can be addressed as a condition of the Special Use approval if it does not meet the Special Use criteria. The conditions could be based on the hours the lights are on or the intensity of the lighting. Mr. Ryckaert noted that the ARC has not seen the wash lighting and it was not in their preliminary meeting. Mr. Green confirmed that this was not brought to the ARC because they did not have a product picked out that time. Chairperson Oppenheim commented that typically when the Plan Commission looks at lighting they make sure that it does not spill onto adjacent properties and it is not a nuisance for other people. She added that Art Van would need to provide more information on the wash lighting for the Plan Commission and the ARC. She added that the type of information that would be pertinent was the brightness of the lights, pictures of what the wall will look like when lit up, justification on the length of time the lights are on, and if it really needs to be on all night or during set times. Mr. Green asked how long can signs remain on at night. Mr. Ryckaert commented that if a business is within a 120 feet of a residential district the sign has to be turned off at 11:00PM or the close of business whichever is later. Chairperson Oppenheim commented that the Plan Commission would look at it from an aesthetic viewpoint. She told the petitioner that they should ask the landlord to comment on this request since none of the other buildings are lit this way in the center and this may lead to other tenants wanting the same type of lighting on their portions of their buildings. Commissioner Bromberg noted that it would be important to know where ownership stands on this request. Commissioner Bromberg asked the petitioner, if all approvals go well, when they would want to open. Mr. Green noted that in a perfect world they would love to open on Black Friday, the day after Thanksgiving would be ideal. They will not force the issue and have given themselves flexibility in their opening date. He commented that Schaumburg set the bar very high when they opened on Black Friday. He also commented that furniture stores do not get a lot of foot traffic and they will not have a big impact on traffic on this development. If anything, their use will relieve any of that stress because they do not generate many people per square foot and they are taking up a large space in the center. Chairperson Oppenheim noted that they have not discussed traffic and the petitioner s material brings up a good point that this use is substituting a retail use for another retail use and it appears that this use will less traffic generated than a typical retailer of this size. Chairperson Oppenheim commented that the Plan Commission is comfortable using the existing traffic and parking study done for the prior renovation, in that access, traffic and parking will be sufficient for this use. Commissioner Bromberg asked staff if Deerfield would get the sales tax revenue if products are shipped from another store. Mr. Ryckaert commented that sales tax is generated at the point of sale.

11 Workshop Meeting April 13, 2017 Page 5 Chairperson Oppenheim commented that the Plan Commission was satisfied with the material that was submitted, but they will need more information on the wash lighting and they will have to see the ARC regarding the lighting and the red color of the their sign. Mr. Green noted that they were directed by the ARC to tone down the red in their sign and Art Van has agreed to tone it down as much as they can. A discussion ensued on the red composite metal paneling in the sign. Mr. Green commented that their corporate red color is more of a burgundy or scarlet red and not a blaring red. The Public Hearing for this petition is scheduled for May 11, Respectfully Submitted, Dan Nakahara

12 DEERBROOK SHOPPING CENTER PROPOSED SIGN CRITERIA INCLUDING PYLON SIGNS THE PROPOSED SIGN CRITERIA WAS DISCUSSED AT MARCH 23, 2017 PREFILING CONFERENCE AND DEERBROOK S APRIL 27, 2017 PUBLIC HEARING WITH THE PLAN COMMISSION

13 DEERBROOK MALL SIGN CRITERIA March 2017 All signs for the Premises are subject to the written approval of Landlord and the Village of Deerfield Appearance Review Commission. A) General Design Requirements 1) One tenant identification sign is allowed for each elevation facing a public street or parking area. 2) No wall sign shall be located higher than the roof deck and no higher than thirty feet (30 ) above the curb, whichever is lower. Tenant s sign submittal shall indicate the roof deck height by a dashed line across the building elevation. 3) Wall signs shall not exceed a depth of six inches (6 ) and sign elements must be flat and installed on the same plane. 4) Tenant s signs shall be directly fastened to the vertical face of the Premises, in a manner approved by Landlord. 5) Sign wording shall be limited to store identity (corporate or trademarked name) and shall not include product, goods or services sold. 6) Logos shall be permitted only if trademarked and specifically approved by Landlord and the Village of Deerfield. 7) All sign attachment devices, wiring, clips, transformers, lamps, tubes and other sign mechanisms shall be concealed. 8) No animated, moving action, flashing or audible signs will be permitted. 9) Total sign area shall be calculated based on the sign area calculation method used by the Village of Deerfield sign ordinance. In all cases, signs shall not exceed eight percent (8%) of the front wall and four percent (4%) of a rear or side wall. Wall area is calculated by multiplying the height (grade to roof deck), by the lineal frontage (lease line to lease line).

14 10) No wall sign may exceed a maximum area of two hundred fifty square feet (250 sf). 11) Tenant signs shall be three dimensional, channel type individual letters, with acrylic face and metal sides and backs. 12) All exposed metal returns, mounting brackets, fastening devices and trim caps shall be black or match the two sign colors. 13) No sign shall be painted directly onto an exterior wall. B) Sign Design 1) Trademarked sign colors will be approved upon Landlord s receipt of tenant s trademark certificate. 2) Wall sign colors shall be harmonious with the building architecture. A maximum of two colors may be used for each sign. 3) Sign text shall be surrounded by negative space, providing a margin between the letters and/or logo and the edge of the sign s background. 4) Signs shall be centered vertically and horizontally on the Premises designated sign area. 5) Letter height shall be: a) A maximum of twenty eight inches (28 ) for a business less than ten thousand square feet (10,000 sf). b) A maximum of thirty six inches (36 ) for a business greater than ten thousand square feet (10,000 sf) and less than twenty thousand square feet (20,000 sf). c) A business greater than twenty thousand square feet (20,000 sf), shall not exceed the maximum sign area allowance of two hundred fifty square feet (250 sf.) and said area shall be reasonable in relationship and proportion to the building. 6) Tenant signage may be all capital letters or a combination of upper and lowercase.

15 C) Sign Illumination 1) A sign s light source must be fixed and concealed. Exposed neon and exposed LED lighting are prohibited. Letters shall be internally face lit only. 2) Raceways shall be concealed from public view. If a raceway cannot be mounted internally behind the exterior wall due to a structural conflict, the raceway shall be mounted to the exterior surface of the wall and be finished to match the background wall. Exposed raceways are discouraged. 3) Tenants are to control the illumination of their signs. D) Window Signs 1) Window signs are regulated by village ordinance , which can be found on the Village of Deerfield s website. E) Miscellaneous Signage 1) No advertising placards, paper signs, banners, pennants, names, insignias or other descriptive materials shall be affixed upon the exterior walls of the premises or storefront. 2) Tenants will be permitted to place upon each entrance of its Leased Premises not more than one hundred forty four square inches (144 ) of gold leaf or decal application lettering not to exceed two inches (2 ) in height, indicating store address number, hours of business and emergency phone numbers. 3) Permanent free standing signs are prohibited. The following signs are prohibited when placed outside of the tenant s interior premises: temporary free standing signs, sandwich boards, feather banners, inflatable characters, etc.

16 F) Pylon Sign Panels 1) Tenant s pylon sign panels shall be one trademark color. 2) Logos are prohibited on pylon sign panels. 3) Tenants shall submit their pylon panel design to the Village of Deerfield for review and approval with their wall sign package. 4) No more than one line of text shall be permitted on any panel. 5) Tenant sign lettering to be routed and push-thru 1 thick acrylic. 6) A minimum of a 4 inch margin on all sides of the tenant sign panel shall be kept around the text. 7) All Tenant sign panels shall be.125, flat aluminum painted MAP Greyshank (or approved color match), Suede Satin Finish and attached with countersunk screws on faces. 8) Landlord to designate the pylon sign and panel location for tenant s installation.

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