Mission Hills Openlands

Karen L. Jump, Founder

1931 Mission Hills Lane
Northbrook, IL 60062
847.498.5710

MissionHillsOpenlands@gmail.com

January 4, 2014
Commissioner Gregg Goslin
2550 Waukegan Road, Suite 100
Glenview, IL 60026
(847-729-9300) (847-729-2279 fax) commissioner.goslin@cookcountyil.gov
Re:

Chicago Title Land Trust Co. Trust

Agreement 5/19/13 T#8002361908
MA-14-02, SU-14-03, and V-14-08
CC District #14

On Behalf of the Residents of Mission Hills and Its Neighbors, We:

Request Removal of the Vote on Red Seals Rezoning & Variances Requests at Mission Hills from the
January 21 Cook County Board of Commissioners Agenda. Numerous Irregularities Require Investigation.
Request an Investigation into the States Attorneys Undisclosed Decision that the Mission Hills PUD
Expired. It is the Key Fact Surrounding the Entire Rezoning Matter.
o If the PUD Has Not Expired, as Other Zoning Experts State, the Rezoning Attempt is Invalid.
Decision Allowed Red Seals Rezoning Attempt to Build 137 Homes at Mission Hills.
Request Adherence to Cook County Zoning Ordinances: the County Should Notify Municipal Governments
of Their Right of First Refusal to Purchase Mission Hills Opportunity Area Open Lands and Grant the
Government Bodies the One Year Required to Raise Funds to Purchase the Property.
o Its P2 Zoning Designation on the Cook County Comprehensive Plan is Its Current Value.
Request a Fair Hearing of Our Expert Witnesses in 2016 IF the PUD has Expired AND No Municipal
Government Buys the Property after One Year.
Dear Commissioner Goslin:
There are a number of concerns about the Cook County Department of Building and Zonings and the Cook County
Zoning Board of Appeals (ZBAs) processes surrounding Red Seal Developments attempts to rezone half of Mission Hills
Open Lands. As our County Commissioner, we request that you facilitate the above-listed actions with the Cook County
Board of Commissioners on behalf of your constituents. I request a response to my letter.
Request for Delay of Vote on the Red Seal Rezoning Requests Due to a Flawed Process
Given the number of irregularities in the entire process of the Red Seal rezoning applications to take over half of the
open land in the 40-year-old planned unit development of Mission Hills, we request that you delay the vote on the
rezoning and variances that is scheduled for January 21 on the Cook County Board of Commissioners agenda. We do not
think that the intent of President Preckwinkel and the Cook County Board of Commissioners for a fair hearing to present
our expert witnesses has been honored by the Cook County Zoning Board of Appeals (ZBA) who are appointed to protect
the people of the county and enforce the current zoning ordinances and maps.
The laws are the laws and not subject to change solely by the ZBAs interpretation of trends of development, which
seems to be a favorite of ZBA Chair Kevin Freeman as a catchall. More important standards affect current residents
dramatically. All the standards the ZBA is supposed to meet in order to rezone land should be properly addressed. If the
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County wants the laws changed, it is the job of the Board, not the ZBA. We call upon you to request an investigation into
this process and delay the Red Seal rezoning vote.
It is also disturbing that applications for rezoning and development applications are not scrutinized and reviewed by a
professional staff and that the ZBA seems to solely rely on the testimony of developers expert witnesses. In this case,
the ZBA completely marginalized all testimony by the objectors experts and attorneys as insignificant. The ZBAs
decision did not change one iota from their September decision meeting to the December decision meeting after the
remanded November hearing that the County Board ordered on your recommendation. The ZBA did not acknowledge
any credible testimony from our expert witnesses after the eight hour November 10 hearing, completely discrediting
what the objectors experts and attorneys said. Amazingly, that includes our land planning and zoning expert, Steve
Lenet, who wrote the current Cook County zoning maps and ordinances! ZBA Chair Kevin Freeman continually blocked
pertinent expert testimony, despite attorneys vociferous objections.
Organization of Mission Hills Country Club Village Planned Unit Development (PUD)
Mission Hills Country Club Village is a 40-year-old Planned Unit Development (PUD) in unincorporated Northbrook, thus
we depend on the Cook County Board to protect our zoning and have the best interests of its citizens as the priority of
its decision-making process rather than obscene profits for politically connected developers and attorneys.
The complex consists of 781 units in a Master HOA with 13 sub associations and an 18-hole golf course and
clubhouse. The golf course intertwines the buildings and was always supposed to be one unit.
o There are eight five-story condominium associations (650 residences); the larger ones have two
buildings, named M1-M8.
o There are five small townhome associations (131 residences), named T1-T5.
o The ownership of the golf course and clubhouse have always been separate from the residences and
have been resold a number of times since the 1970s, so no one gave any thought to the fact that it was
sold again in May 2013 to Charles Shapiro and Anthony Ruh, RSA Properties, Mission Hills, LLC.
o Who owns which section makes no difference for a PUD because the complex is one combined unit,
thus the Village.
o Removing the open lands that the Village of Northbrook (as a majority stakeholder) insisted upon in
order to ameliorate their objection to the developments density when it was constructed in the 1970s
would cause our buildings to become non-conforming. The result is the possibility of not being allowed
permits to rebuild if more than 50% of a structure were damaged by an event such as a flood or a fire.
It now appears that the current owners bought it for the sole purpose of flipping it because we now know that
surveyors were staking out the proposed RSD Mission Hills, LLC (Red Seal) development, Provenance, in July
2013 less than two months after purchase by RSA Properties, Mission Hills, LLC.
However, Mission Hills residents did not know about it and that the open lands were in jeopardy until June 19,
2014 despite Red Seals unproven claim that they had meetings to inform homeowners. Where is the
documentation of those meetings other than the secret meetings we now know that they had with several
officers of the Master HOA? Why did they choose secret meetings with a select few in the Master HOA rather
than follow proper disclosure to the rest of the 781 owners who should have been informed about what was
going on before the Master HOA gave away easements to the sewer lines and golf course paths?
Objectors Did Not Have a Fair Second Bite at the Apple
The Northbrook Star quoted you on December 17 as stating that the objectors had a second bite at the apple even
though you did not attend any of the hearings or the decision meetings; your statement solely relied on what you heard
about the ZBAs decision. I find it shocking that you would make a statement to the press less than two days after the
December 15 ZBA decision meeting that you are leaning toward Red Seal. The transcript of the decision meeting was
not even available until December 31. It is impossible to capture the true flavor of the ZBA hearings, meetings, and very
biased behavior of the Chair and board members if you were not present. Your constituents expect you to have their
best interests at the top of your priority list, not the developers, so it appears that you must not have the full story or
you would not have made such a rapid statement of support for Red Seal.
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I gave everybody a second bite of the apple, and nobody was happy about that on the county side, Goslin said. And they lost.
He said he wouldnt be happy about the Red Seal project, either, if he lived in Mission Hills.
I did what I could do. The ZBA made their recommendation twice. Its hard to refute that, he said.
We really didnt get a bite of the apple, Mission Hills Openlands leader Karen Jump said Dec 18. I dont know how anybody
could possibly say that, since (ZBA Chairman Kevin) Freeman disregarded everything our experts said.
Northbrook Star: http://northbrook.chicagotribune.com/2014/12/18/goslin-leaning-toward-backing-red-seal-mission-hills-fight/

Unfortunately, that second bite at the apple is rotten and sour. The ZBA seems to have willfully misled you and the
rest of the Cook County Board of Commissioners into thinking that our experts were given a fair opportunity to testify.
Chairman Freeman and his fellow ZBA board members did not follow the directions of the Cook County Board for an
impartial hearing for our experts.
It really is not hard to refute for anyone who attended the hearings and watched what should have been serious
proceedings with life-altering outcomes for over a thousand current residents turned into a sideshow. Chairman
Freeman theatrically restricted the objectors attorneys and experts, publicly disparaging a highly regarded team, each
member having decades of experience in his field. Chairman Freeman constantly interrupted the attorneys
interrogations of witnesses with his own questions in the middle of their questions and responses. His interruptions ate
up a considerable amount of time and it appeared that he was trying to throw the attorneys and experts off course. He
squandered our time with little personal and extraneous narratives whose sole purpose seemed to be to waste time and
wear out the audience, experts, and attorneys.
States Attorneys Decision: Mission Hills PUD Has Expired
ZBA Refuses to Release Decision
Bernard I. Citron, lawyer for Mission Hills Openlands, wanted to address the PUD (Planned Unit Development) issue,
which is the primary issue. Chair Kevin Freeman stated unequivocally that it had been covered at the July 21 hearing and
was not to be re-examined. This led to a strong rebuttal by attorney Citron, which was ultimately denied, but it
dramatically demonstrated ZBA Chair Kevin Freemans continued extreme bias in favor of Red Seal, as we saw in all
earlier proceedings.
Someone at the states attorneys office told Building Commissioner Timothy Bleuhers Zoning Administrator that our
PUD had expired. All experts say that PUDs do not expire! The ZBA refuses to release the states attorneys decision that
has allowed Red Seal to attempt to carve a new PUD out of our 40-year-old PUD, claiming attorney/client privilege.
Without that decision, Red Seal would not have been allowed to apply for rezoning so it is a key fact that should have
been explored. Did Mr. Bleuher have a written opinion from the states attorneys office prior to allowing the Red Seal
application in March 2013 or was an opinion produced after inquiries from our attorney on July 14?
ZBA Chairman Freeman Demonstrates Overt Bias Toward Red Seal to the Disadvantage of Mission Hills Owners
Chairman Freeman:
Censored testimony by systematically restricting experts testimony and completely blocking some of the most
relevant testimony.
o Interfered with the witnesses on the most important and relevant issues: the PUD zoning, flooding, P2
Open Lands Opportunity Area, and the devaluation of property values.
o Interrupted, badgered, and chastised our witnesses.
Stated that certain issues had already been agreed upon as decided and would not allow discussion on the PUD.
o None of the objectors agreed on that point prior to the November 10 hearing. In fact, there was no
discussion of it at the conference after the Cook County Board Meeting on October 8. The decision not
to allow testimony was his, evidently based on the states attorneys decision.
The purpose of the remanded hearing was for the objectors to the Red Seal development to present their expert
witnesses, not for Red Seals attorney, James Banks, to slip in an unqualified expert.

Mr. Freeman allowed an unqualified Red Seal (marketing) expert, who is not an appraiser, to add his
interpretation of appraisal information into the record; he was allowed to testify over the vehement
objections of our attorney.
If Mr. Banks wanted to rebut the testimony of our appraisal expert, Michael McCann, a rebuttal from
Red Seals appraiser and former ZBA board member, Terrence OBrien, should have been enough.

In fact, Chairman Kevin Freeman demonstrated an overt bias toward Red Seal Development, Jimmy Banks, and its
experts at every possible opportunity at the July 9 delayed hearing, the July 21 hearing, and the November 10 remanded
hearing rather than acting as a neutral facilitator. He asked leading questions on behalf of Red Seal, giving them wide
latitude while restricting the objectors attorneys and witnesses severely. Some of our residents who are experienced
lawyers were aghast at this extremely biased behavior.
Northbrook Star: http://northbrook.chicagotribune.com/2014/11/24/mission-hills-objectors-accuse-zba-chair-pro-red-seal-bias/
Rezoning Procedures Not Standard
A PUD is not supposed to expire.
An unidentified person at the State's Attorney's office gave an undisclosed opinion to the ZBA (when?) that the
Mission Hills PUD had expired and Red Seal could apply for rezoning. The ZBA is claiming Attorney/Client
Privilege and will not release the opinion.
o Mission Hills Openlands attorney, Bernard I. Citron, and Irv Leavitt, Northbrook Star reporter, filed FOIA
requests and were denied.
o Mr. Citron appealed it to the Attorney Generals office and was denied. I do not know if Irv Leavitt
appealed it.
That decision has not been released although it is quoted in the December 15, 2014 ZBA decision to the Cook
County Board of Commissioners, recommending rezoning for half of the Mission Hills golf course from P2 to
Residential.
Timothy Bleuher, Commissioner of Building and Zoning of Cook County, will not release the decision. He has
stated that his Zoning Administrator made the decision based on advice by the States Attorneys office.
(When?) Why is this a big secret if the zoning process is supposed to be open and transparent?
Ownership of RSA Properties, Mission Hills LLC is hidden in a trust. It is our understanding that owners are
supposed to be disclosed when an application for rezoning is made.
o Chairman Freeman allowed the ownership to remain hidden despite our attorneys objection.
Process Highly Detrimental to Mission Hills Residents and Neighbors
This entire process is very detrimental to Mission Hills residents and neighbors despite the fact that one of the
standards for rezoning is to do no harm to current residents affected by Red Seals money-driven attempt to destroy 44
acres of open lands that act as a buffer zone adjacent to the Cook County Forest Preserve. That forest preserve contains
the flood-prone Des Plaines River, a short distance west of Mission Hills.
Red Seal would clear-cut hundreds of trees that absorb water in a flood-prone area that flash floods within Mission Hills
and neighborhoods on three sides of it and turn most of 44 acres of permeable, open lands into asphalt and concrete.
The Village, County and Township roads are subject to flash flooding. Increased density would exacerbate that issue and
would very likely wreak further havoc on existing homeowners in our neighborhoods. Some of the flooding photos are
posted on our Facebook page and in documents that you have already received from us.
Property values are already dropping in Mission Hills; homes overlooking the proposed development are not selling or
are being sold at extremely low prices. Those comps will affect the entire complex. However, the Chairman blatantly
promoted Red Seals idea that by building 137 expensive homes densely packed into 44 acres that necessitate zoning
variances for reduced setbacks, Mission Hills less expensive homes will rise dramatically in value! Forget about
Location, Location, Location - that old real estate mantra means nothing to homeowners who now look out on
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hundreds of trees and a golf course! That fact that Red Seal wants to put Cadillac homes into a Chevrolet neighborhood
(according to Red Seals expert), Mission Hills home values will skyrocket. It is ludicrous to think that anyone would
believe such nonsense. A four year old would not buy that story!
This is all about millions of dollars of property values transferring from the homes of Mission Hills current residents and
neighbors to the bank accounts of the golf courses owners and Red Seal developers if the golf course is rezoned. Where
is the countys oversight on this process that appears to give the ZBA full rein to make arbitrary and capricious decisions
involving hundreds of millions of dollars?
Environmentally Sensitive Land that is Prone to Flooding, Adjacent to the Des Plaines River Floodplain
County Maps and Ordinances Classify Mission Hills as Environmentally Sensitive
PART II - LAND DEVELOPMENT ORDINANCES (Cook County)
Chapter 102 - BUILDINGS AND BUILDING REGULATIONS
Appendix A ZONING
ARTICLE 14. - RULES AND DEFINITIONS
Environmentally sensitive. An "environmentally sensitive" area is a parcel which exhibits one or more of the following
characteristics:
A. Portions of the parcel lie within those areas identified as environmentally sensitive on a map approve by the Board of
Commissioners in its Comprehensive Land Use Plan adopted April 6, 1999, and amended September 22, 1999, and by this
ordinance.
B. Portions of the parcel lie within the jurisdictional wetlands under the jurisdiction of the U.S. Army Corps of Engineers.
C. Portions of the parcel lie within the regulatory floodplain or floodway or flood fringe as designated on the maps
adopted by Cook County.
D. Thirty-three percent or more of the site contains mature hardwood vegetation.
E. Thirty-three percent or more of the site has topographic relief in excess of ten percent.
Our Zoning Expert Authored the Cook County Zoning Maps and Ordinances
Our zoning expert, Steve Lenet, is also the Cook County Boards zoning and land planning expert. He is the author of the
current Cook County zoning ordinances and maps. He spent two years conducting educational seminars around the
county on the new zoning ordinances and maps about fifteen years ago. He IS a highly qualified expert who was also
insulted, restricted, and denigrated by Chairman Freeman on November 10.
Northbrook Star: http://northbrook.chicagotribune.com/2014/11/11/opponents-present-experts-blasting-red-seal-plan-mission-hills/
P2 Open Lands Opportunity Area Zoning Requirements Have Not Been Met
According to Steve Lenets testimony at the November 10 remanded hearing, rezoning of P2 Open Lands Opportunity
Area property is subject to a zoning requirement that has not been met. Government bodies are supposed to be
notified by the Cook County Zoning and Planning Department that an application to rezone a P2 Open Lands
Opportunity Area has been made. Those governments then have one year to purchase that land at the value that it
would be for Open Lands, not the future zoning value that is being attempted, such as the current residential rezoning
attempt on our PUD by Red Seal.
In this case, there are four government bodies that should have been notified when the Red Seal application was made
in March 2014: Cook County Forest Preserve District, Metropolitan Water Reclamation District, Village of Northbrook,
and the Northbrook Park District. Irv Leavitt, Northbrook Star reporter, contacted the Village of Northbrook and the
Northbrook Park District after the November 10 hearing; representatives for each government were quoted in the
newspaper that they had not been notified. Therefore, it is safe to assume that the Cook County Forest Preserve District
and the Metropolitan Water Reclamation District have never been notified, either.

If they have not been notified, how do they have one year to raise the money to purchase the property and
make an offer if they are interested?
If they have not been notified, when does the one year actually start?
o Because Red Seal applied for rezoning in March 2013 and government bodies have not been notified,
does the one year begin when government bodies have been formally notified by Cook County?
That would seem to be the only fair way to handle this unusual situation. I understand that this situation may
not have occurred previously in the county because P2 Open Lands Opportunity Area is not a common zoning
category. Its purpose is to protect Open Lands in areas where they are critical.
This land is zoned as Open Lands on both the Cook County and Northbrook Comprehensive Plans. The obvious
intent of both governments is for the property to remain Open Lands.

Lack of ZBA Quorum (?) and Professional Decorum Make a Mockery of the Hearing Process
The transcript for the November 10 hearing overflows with Mr. Freemans dialogue taking up an egregious amount of
time and wearing down the attorneys, the experts, and the audience. Chairman Freeman and the board delayed the
public testimony until approximately 8 pm, seven hours into the hearing! The majority of audience members had left in
frustration due to fatigue and/or inability to drive that late due to the aging population of many Mission Hills residents.
In fact, he wore out his own board so much that after five hours of his theatrics, his own board members started slipping
away. The ZBA board and Chairman Freeman finished the hearing without what reasonable people would consider a
quorum. Board members starting leaving at 6 pm. By the time of the public statements and Mr. Citrons closing
argument, there were three board members left for a board that is supposed to consist of seven members.
Mr. Citron objected to the lack of a quorum, but was compelled to continue. Chairman Freeman assured Mr. Citron that
the presence of Assistant ZBA Secretary Sapho Erel constituted a quorum although she could not vote. Her supervisor,
ZBA Secretary Andrew Przybylo had left, but he is not a voting member of the ZBA, either. Is that a legitimate rule? Do
three ZBA board members plus an assistant secretary really constitute a quorum? The Cook County Board pays ZBA
board members to attend each meeting. Is President Preckwinkel aware that although they may be present at the
beginning of the hearings and are listed as in attendance, they do not stay for the entire hearing?
Sloughing off the objectors concerns about a fair hearing by saying that the missing board members will read the
transcripts seems disingenuous. The transcripts were 431 pages and 443 pages long. If the board members are not
paying careful attention during the hearings, what is the likelihood that they will diligently read the transcripts?
Many residents commented on the lack of professional decorum and lack of attention by the ZBA board members during
the November 10 testimonies of our experts. It is insulting to the taxpayers who questioned how the board members
could be taking their jobs seriously when they leave early, talk to each other during the hearing, send text messages,
check emails, and show photos to each other on their phones during the meeting. At least one audience member
recorded those activities and would be glad to share the recording with proper authorities. It was certainly a revelation
for the public, an upsetting one at best when our fate lies in their hands.
The other board members dutifully followed the lead of ZBA Chair Kevin Freeman at every hearing and meeting. There
seemed to be little independent thinking going on; perhaps it was not permitted. When Mr. Montes asked a question
that seemed against Red Seal at the September decision meeting, the other board members actually got out of their
seats and surrounded him for a quick, whispered conference! See it on the missing video of the September ZBA decision
meeting when the video is finally posted.
In an outrageous act of hypocrisy, the Chair stated at the December 15 ZBA decision meeting that in essence he was
disappointed in the testimony that our experts presented, that our experts had proven nothing, and that the applicant
(Red Seal) had met its burden of proof! Yet, he was the one who blocked and limited the experts testimonies at the
November 10 hearing and anyone who reads the transcript will see that our experts did submit convincing evidence!
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The Mission Hills community observed both hearings and was aghast at the disrespect that the ZBA board and its
Chairman gave to our experts and attorneys, which has been their standard method of operation in the Red Seal matter.
It is interesting that the Chairman told the Pioneer Press that he had never heard of Red Seal prior to the Mission Hills
rezoning requests because he certainly seemed to go out of his way for them and their attorney, James Banks.
ZBA Decision Meeting Videos Missing from County Website
It would be helpful to watch the videos of the two ZBA decision meetings that were recorded in order to understand
how the decisions were reached. Oddly enough, the videos that are supposed to be posted on the Cook County Media
Streaming site for the September and December decision meetings are still not posted although all other committees
videos are posted, including the December 17 ZBA decision meeting, two days after the Red Seal decision. That omission
is another item that should be investigated. Additionally, were the July 21 and November 10 public hearings recorded?
You were not at either decision meeting and I do not believe that you were at either of the hearings, which is rather
surprising for such a controversial issue that directly affects more than 1000 of your constituents. Even the Village of
Northbrooks Planning and Development Director Tom Poupard was concerned enough about what was happening that
he attended both hearings on behalf of the Village of Northbrook despite the fact that the hearings stretched on for 8 or
9 hours. Mr. Poupard even waited to make a comment during the public comment period when there were only three
commissioners remaining on November 10 to hear him.
Mr. Poupard even attended the September ZBA decision meeting. Commissioner Schneider is the only commissioner
who attended the December 15 decision meeting. I understand that Commissioner Schneider owns a golf course, so
perhaps he has other interests in the subject. It seems odd that he would attend and you did not, given the magnitude
of the decision and the influence you have in making your recommendation to the Cook County Board.
Cook County Board of Commissioners Directive Ignored by ZBA Chairman Freeman
The above-mentioned points are in direct contradiction to the order from the Cook County Board of Commissioners
for the remanded hearing that you recommended. No one ordered the restrictions or censorship of the testimony, as
Chairman Freeman insisted on implementing.
1. Mr. Freeman and the ZBA board eliminated much of the testimony in direct contradiction to your intent and
that of the Cook County Board of Commissioners. The population of Mission Hills is older than the general
population in Northbrook and a hearing that lasts after 9 pm in Niles when it started at 1 pm is inexcusable.
There was no dinner break, which was very difficult for some people.
a. Mr. Freeman continually interrupted the experts.
b. Mr. Freeman continually interrupted the attorneys.
2. The Cook County ZBA limited our experts testimony, would not allow discussion on certain aspects of the issues,
and blocked testimony from being entered into the record.
3. Specifically, Chairman Freeman constantly interrupted witnesses with his own questions and harassing
statements, breaking the rhythm of the experts and the attorneys for objectors, Bernard I. Citron and Thomas
Boyle.
4. There was blatant bias demonstrated against the objectors to the Red Seal rezoning requests in favor of Red
Seal and their attorney, James Banks.
5. Chairman Freeman disparaged the credibility of Mr. Creaney, engineer, who has been the consulting engineer
for Northfield Township for many years.
a. The Northfield Township Road District is against building the Red Seal development.
6. Chairman Freeman barred discussion of the PUD (Planned Unit Development) issue by our attorney Bernard I.
Citron and Steve Lenet, our zoning expert and the AUTHOR of the current Cook County zoning ordinances and
maps.

7. Chairman Freeman allowed Red Seals attorney, James Banks, to question the credentials of our highly qualified
appraiser, Michael McCann, who has testified before the ZBA previously and had already been accepted earlier
in the day as a witness when he testified.
a. Questioning his credentials only happened when Mr. Citron objected to the introduction of a Red Seal
marketing person as a rebuttal witness who had NO appraisal qualifications, yet Chairman Freeman
allowed James Banks to introduce new information from Red Seals marketing person as though he were
a qualified appraiser because Mr. Freeman was interested in hearing what he had to say!
b. Mr. Freeman allowed Mr. Banks a second bite at the apple with an unqualified marketing person
attempting to refute our appraisal experts testimony. Again, Mr. Freeman went out of his way to give
Red Seal every possible opportunity to succeed.
ZBA Findings Ignore Objectors Experts Testimonies:
No Changes from September Decision to December Decision Despite Strong Testimony to the Contrary
At the December 15 ZBA decision meeting, the board did not even bother to go through the standards, as they did in
September. Mr. Freeman completely denigrated the testimony of ALL of our experts categorically. Would a reasonable
person think that there was no expert testimony against Red Seals rezoning and variances requests that was valid
during hours of testimony from such highly qualified experts? Anyone who reads the November 10 remanded hearing
transcript can tell that our experts raised dozens of points that demonstrate the standards were NOT met for rezoning.
However, the ZBA did NOT revise their decision on even one standard and found that the Applicant (Red Seal) had met
the standards for rezoning Mission Hills Open Lands!
The passage below is an example from the December 15, 2014 ZBA decision summary of the testimony from one of
our three experts. Given that his statements clearly contradict the Red Seal experts testimony, as did the other experts,
how can the gravity of his statements not be considered as a reason to protect the P2 Open Lands zoning? That zoning
is on the Cook County and Northbrook Comprehensive Plans for important reasons, protects Mission Hills structures
from becoming non-conforming by ameliorating density, and protects Mission Hills and surrounding neighborhoods
from more severe flooding than we already experience. This witness offered other relevant points to consider, but the
ones stated in the decision should have been enough to stop the rezoning process.

ZONING BOARD OF APPEALS

OF THE

COUNTY OF COOK
The third witness for the Objector was Steve Lenet. Mr. Citron handled the direct examination of Mr. Lenet.
Mr. Citron debated with Chairman Freeman regarding Mr. Lenet's ability to testify to the underlying
zoning and jurisdictional issue concerning the expired Planned Unit Development and restrictive covenant.
Chairman Freeman considered the argument, but the board ultimately held that the legal question had been
resolved and that no further testimony on that issue would be appropriate during the Remand Hearing (page
133 of the Remand Transcript).
Mr. Lenet, when called to testify, presented himself as a consultant with 27 years of experience in the land use
planning and zoning field. Mr. Lenet offered that he prepared the Cook County Zoning Ordinance. Mr. Lenet
maintained that he was retained by the Cook County Board of Commissioners
in 1997 to update the 1976 Cook County Comprehensive Land Use and Policy Plan. Per Mr. Lenet, the
comprehensive plan and policies are still the official policies of the Cook County with respect to the land use
for unincorporated Cook County. Mr. Lenet testified that he had reviewed the plans and testimony of the
Applicant's case in chief in preparation for the Remand Hearing. Mr. Lenet then explained the reasoning and
objective for establishing open space opportunity areas within Cook County. This open space opportunity

areas went on to include golf course properties. Per Mr. Lenet, as of 1999, the official Cook County policy
was to maintain to the greatest degree possible of open space. He stated that Mission Hills carries the
designation of open space according to the official map designation (page 143 of the Remand Transcript). Mr.
Lenet next explained that official maps are used by municipalities to show future rights of way and future
public areas. Per the witness, the official maps give the affected governmental agency one (1) year to acquire
property in instances where a proposed use differs from an opportunity use.
Mr. Lenet next offered that the underlying zoning is considered when applying the standards for a PUD. Mr.
Lenet opined that he knows the zoning ordinance and zoning maps better than anyone. His opinion is that the
property is under one PUD- Chairman Freeman reiterated that the PUD issue was not up for discussion. Debate
with the witness and Attorney Citron continued. Mr. Lenet contested that the use designation per the Cook
County Comprehensive Plan was townhomes.
Mr. Lenet next reminded the ZBA that it is bound to enforce the Zoning Ordinance and Comprehensive Plan
of Cook County. Chairman Freeman responded that the Ordinance allows land owners to seek relief from
the Comprehensive Plan in light of changed circumstances, desires and needs.
Mr. Lenet next opined that the underlying zoning of the subject property is P-2 (page 163 of the Remand
Transcript). P-2 zoning was explained to be privately owned open space. Mr. Lenet explained that P-2 zoned
land may be considered for some development. Mr. Lenet explained the concept and process for designating
certain proposed zoning districts for land throughout Cook County. Lenet indicated that the scale of the
map did not allow him to delineate between the residential component of Mission Hills and the golf course
property for the site as a whole. As such, a decision was made to designate R-5 zoning on the Comprehensive
Plan Map for the combined site, although, per Mr. Lenet, R-5 zoning was not meant to apply to the golf course
portion of the property. Per Mr. Lenet, the Map shows R6, P2, PUD (page 176 of the Remand Transcript).
Mr. Lenet opined that the Applicant's project did not comply with the planning objectives, policies, and maps
of the County. Further, the applications do not meet the open space opportunity designation or policy to
preserve the land for open space per the Comprehensive Plan policies. Mr. Lenet then opined that the Mission
Hills development would not have been granted except for the golf course (open space). Mr. Lenet next opined
that bifurcating the golf course from the Mission Hills property causes the residential development to be nonconforming (page 184 of the Remand Transcript).
Mr. Lenet next opined that the proposed development was not laid out to preserve environmentally sensitive
areas, natural resources, habitat and topographical features to the fullest extent possible.
As a follow-up, Mr. Lenet opined that there were a number of trees being taken down per the development
plan. However, Mr. Lenet conceded that Mr. Kurensky's plan appeared to preserve some open space and
provided a net gain of trees on site. Mr. Lenet's critique was that the proposed density of the development
ultimately caused the reduction in overall open space.
Mr. Lenet next opined that the R6 could be appropriate given the surrounding uses, but that it appeared
the Applicant was piggybacking the Mission Hills development. Mr. Lenet opined that Mission Hills is 4050 years old and not indicative of the trend of development. In the witness' opinion, the newer developments
carry more weight than the older developments. Mr. Lenet also testified that the subject property was not
vacant, and instead was improved with a golf course, which is specifically permitted in P-2 zoning. The
Applicant's proposal could not meet the standard as it applies to the time of vacancy because it is not
currently vacant. Moreover, the golf course could be financial viable (page 195 of the Remand Transcript).
Mr. Lenet next opined that use and enjoyment of one's property includes sitting on a veranda or balcony
and watching golfers, and the loss of that type of use is considered as part of the zoning standards for approval.
The impact to the public is a consideration made and weighed by Mr. Lenet.
When prompted by the ZBA commissioners, Mr. Lenet opined that PUD do not lapse, however, covenants
and annexation agreements might lapse. Per Mr. Lenet, the Cook County State's Attorney was wrong in
concluding that the Mission Hills PUD lapsed. Mr. Lenet reiterated that he did the zoning ordinance. In terms of
additional density, per Mr. Lenet, the additional units contemplated in 1972 would have been located on the
development site and not on the golf course (page 209 of the Remand Transcript).

Investigation into ZBA Activities and Open Lands Opportunity Area Status Requested
We request that the conduct of the ZBA in not following the Boards directives be independently investigated because
this process has been a monumental injustice to an existing community and gives the appearance of extreme favoritism
to a well-connected developer and its attorney. The county needs to notify the appropriate government bodies of the P2
Open Lands zoning Opportunity Area and start the one-year clock for the rezoning application upon notification of the
proper governments. It is not appropriate to even consider the rezoning application until one year has passed. Red Seal
had the rezoning, permits, and variances all wrapped up into one neat package on a fast track for rezoning.
After one year, if no government body purchases the land, the experts must be given the opportunity to put their full
testimony on the record and be weighed by an impartial zoning board IF the decision that states our PUD has expired
has also been thoroughly investigated and found true.
Northbrooks Building Boom Produces Severe Competition for Land and Questionable Tactics
We appreciate your help in prioritizing the needs of the citizens of Cook County rather than developers whose only
interest is in cheap land to make them and the golf courses owners very rich. It seems very odd that Charles Shapiro and
Tony Ruh, RSA Properties Mission Hills, LLC (dissolved July 2014 / Secretary of States website) bought the golf course
through undisclosed ownership in a trust in May 2013. Then, there were surveyors on the site of the proposed Red Seal
development in July 2013, two months later.
Northbrook is in the midst of a land shortage because there are few large parcels of open land and what is available is
extremely expensive. Individual lots sell for hundreds of thousands of dollars. Another parcel of land that was properly
zoned Residential at the NE corner of Voltz and Waukegan inspired a 2014 bidding war by nineteen developers,
including Red Seal that did not win it. The attempted secret takeover of Mission Hills Open Lands is a land grab, pure
and simple with millions of dollars in profits at stake.
Why was no one else bidding on the Mission Hills golf course? Because it was not for sale on the open market and it
was zoned P2 Open Lands Opportunity Area, not residential. At least two groups were interested in purchasing the
property and improving the golf course and clubhouse in 2013 prior to the purchase by the current owners and are still
interested. This is NOT vacant land as the ZBA and Red Seal have attempted to portray it. It is still a very viable parcel
of Open Lands. It just is not a developers pot of gold as Open Lands as it would be as Residential.
What kind of apparently secret deal did Red Seal make and with whom in order to wipe out the other eighteen
developers that were bidding on the property at Voltz and Waukegan so that none of them were bidding at Mission
Hills?
o It is zoned P2 Open Lands Opportunity Area on the Northbrook and Cook County Comprehensive Plan
Zoning Maps and Ordinances. P2 Open Lands Opportunity Area rezoning requires a year from the time
an application is made to rezone it because government bodies such as the Cook County Forest
Preserve, Metropolitan Water Reclamation District, Northbrook Park District, and Village of Northbrook
are supposed to be notified so they can purchase it in order to maintain it as open space for recreation,
a nature preserve, and/or water retention.
o It should be purchased by the government body at the P2 price, not the price that it might be worth if
rezoned as residential.
o Red Seal has rolled together the rezoning, permits, and variances and thought that they would have it all
wrapped up in six months. They applied in March 2014 and thought they would be able to start
infrastructure by October after they clear-cut hundreds of trees.
o The proper notification to government bodies still has not been made by the county.

10

Investigation into Process to Facilitate Change Necessary to Protect Your Constituents and Other County Residents
The overarching questions:
Why and how did the Mission Hills golf course fall into the willing hands of Red Seal for rezoning less than two
months after the May 2013 purchase by RSA Properties Mission Hills LLC?
Why and how have the Cook County ZBA and associated departments made it so easy for Red Seal to try to
break up a 40-year-old development that contains environmentally sensitive open lands?
There is something very wrong with a process that puts more than one thousand innocent people who have lived
peacefully in a 40-year-old planned community at the mercy of a few people who seem determined to give a developer
every advantage in a hostile takeover and land grab of their community. The ZBA needs to read and understand the
standards that they are supposed to be following, especially the one about doing no harm to current residents.
The entire process needs examination and restructuring. There should be better oversight over a process that controls
billions of dollars of land deals and grants applications to developers solely on the testimony of the developers paid
experts without scrutiny and examination by qualified professional experts who should be employed by the county in
the future in civil service jobs. Cook County does not have enough professional staff members to perform that task now
although many towns and cities do. Why does the process lack professional oversight in Cook County? It appears to be a
political process rather than a professionally monitored process in one of the largest cities in the country.
In the case of Mission Hills, Red Seals PROFITS would probably be more than $40,000,000 on 137 homes ranging from
$500,000 to $1,400,000 without upgrades or premiums for Location, Location, Location! All to the detriment of current
owners and their investments.
It is a very sad reflection on the state of Illinois that comedians joke about the governors wing at the federal
penitentiary; Rod Blagojevich even appeared on the David Letterman Show prior to his incarceration! Unfortunately,
many other officials have also gone to prison due to political corruption. We understand that President Preckwinkel and
the Cook County Board have a very strong goal of cleaning up Cook Countys worldwide reputation as a cesspool of
political corruption that dates back more than a century.
President Preckwinkel and the Cook County Board of Commissioners must be unaware of the high-handed and
autocratic manner in which the ZBA operates and treats citizens. In addition, the fact that they seem to be creating
zoning legislation rather than following, it certainly cannot be within the purview of their job descriptions as appointed
officials. Reform of the current operating procedures and replacement of some appointed ZBA officials should be
considered.
For those of us who love where we live, the entire Mission Hills situation is heartbreaking. The Red Seal rezoning
applications hit us like a runaway freight train. It seems that a few people, possibly motivated by greed or political
pressure, are railroading the giveaway of Mission Hills Open Lands. There has been no effort by the ZBA to protect the
citizens or the environment.
Therefore, due to all of the reasons stated, we:
Request Removal of the Vote on Red Seals Rezoning & Variances Requests at Mission Hills from the
January 21 Cook County Board of Commissioners Agenda. Numerous Irregularities Require Investigation.
Request an Investigation into the States Attorneys Undisclosed Decision that the Mission Hills PUD
Expired. It is the Key Fact Surrounding the Entire Rezoning Matter.
o If the PUD Has Not Expired, as Other Zoning Experts State, the Rezoning Attempts are a Moot
Point.
Decision Allowed Red Seals Rezoning Attempt to Build 137 Homes at Mission Hills.

11

Request Adherence to Cook County Zoning Ordinances: the County Should Notify Municipal Governments
of Their Right of First Refusal to Purchase Mission Hills Opportunity Area Open Lands and Grant the
Government Bodies the One Year Required to Raise Funds to Purchase the Property.
o Its P2 Zoning Designation on the Cook County Comprehensive Plan is Its Current Value.
Request a Fair Hearing of Our Expert Witnesses in 2016 IF the PUD has Expired AND No Municipal
Government Buys the Property after One Year.

Thank you in advance for your assistance on behalf of more than 1000 of your constituents in Mission Hills and
surrounding neighborhoods. Any improvements instituted in the zoning process will have wide-ranging effects
throughout the county, not just in unincorporated Northbrook, to the benefit of all its residents and the reputation of
Cook County.
Regards,

Karen L. Jump
Karen L. Jump, Founder
cc:

Cook County Board President Toni Preckwinkel c/o Executive Assistant Pamela Cummings
Cook County Board of Commissioners
o
o
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Richard R. Boykin (1st)

Robert Steele (2nd)
Jerry Iceman Butler (3rd)
Stanley Moore (4th)
Deborah Sims (5th)
Joan Patricia Murphy (6th)
Jesus G. Garcia (7th)
Luis Arroyo Jr. (8th)
Peter N. Silvestri (9th)
Bridget Gainer (10th)
John P. Daley (11th)
John A. Fritchey (12th)
Larry Suffredin (13th)
Timothy O. Schneider (15th)
Jeffrey R. Tobolski (16th)
Elizabeth Liz Doody Gorman (17th)
Media

Attachments:
Cook County Mission Open Lands Opportunity Area Map
Cook County Mission Hills PUD Map

12

JMH

Mission Hills (Land Use and Zoning)

R4

R4

R4
R4

NORTHBROOK
SECTION 8

R4

SECTION 7
R4

R4

SINGLE FAMILY

R4

R4

Wetland
Wetland
Wetland

Wetland

R5

R5

R5

R5

Wetland
Wetland
Wetland

OPEN SPACE
OPPORTUNITY AREA

P2

R6

P1

SECTION 18

SECTION 17
Wetland

Wetland

Wetland
Wetland

R5

Wetland
Wetland

R5
R4
R4

R4

Wetland

R4

R4
SINGLE FAMILY
R4
P1
Wetland

Northfield Township
Township 42 North Range 12 East
Cook County, Illinois

Please do not remove or misplace maps. Maps are intended for reference by the members of the Zoning Board only.

R4

SINGLE FAMILY

GLENVIEW

295

590

R4

R4

1,180

Feet
1:6,000

Environmentally Sensitive

Original Cook County Board Zoning Map for Mission Hills' PUD

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