PLAN COMMISSION 2017/08/09 MinutesThe City of Lake Forest
Plan Commission
Proceedings of the August 9, 2017 Meeting
A meeting of the Lake Forest Plan Commission was held on Wednesday, August 9, 2017,
at 6:30 p.m., at City Hall, 220 E. Deerpath, Lake Forest, Illinois.
Commission members present: Chairman Ley and Commissioners: Monica Ruggles,
Michael Freeman, Tim Henry, and Rosemary Kehr
Commissioners absent: Commissioners: Louis Pickus and Guy Berg
Staff present: Catherine Czerniak, Director of Community Development
1. Introduction of Commissioners and staff.
Chairman Ley introduced the members of the Commission and staff.
2. Consideration of the minutes of the July 12, 2017 meeting.
The minutes of the July 12, 2017 meeting were approved as submitted.
3. Recognition of Past Plan Commission Member Lloyd Culbertson.
Chairman Ley recognized past Plan Commissioner Lloyd Culbertson for his service to
the Commission and the community. He listed various petitions that were reviewed
by the Commission during his time of service including the Northwestern Lake Forest
Hospital Master Plan and the redevelopment plans for the former City Municipal
Services site at Laurel and Western Avenues. He presented a plaque to
Commissioner Culbertson in appreciation for his contributions and service.
4. Public Hearing and Action: Consideration of a request for approval of a Special
Use Permit to authorize a restaurant to operate within 150 feet of a residential
zoning district. The restaurant is proposed in an existing building located at 202
Wisconsin Avenue and will operate in collaboration with an existing art gallery at
the same location. An outdoor patio is also proposed.
Property Owners: Amador E. and Silveria Vazquez
Petitioners and Representatives: Cecilia Lanyon and Dominic Zumpano
Chairman Ley asked the Commission for any conflicts of interest or Ex Parte contacts.
Hearing none, he swore in all those intending to speak and invited a presentation from
the petitioners.
Ms. Lanyon introduced the petition. She explained that a Special Use Permit is
requested for a restaurant, The Gallery. She stated that she and her partner have a
passion for the proposed business and believe that the unique restaurant will be a
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benefit to the community. She stated that the restaurant will be a collaborative
venture with the art gallery they currently operate in the space. She stated that she
grew up in the neighborhood, on Oakwood Avenue, and now lives three blocks from
the restaurant. She stated that she loves Lake Forest and the neighborhood. She
explained that she has been a business owner for five years and has operated retail
space, a fine arts gallery and studio space. She stated that the retail business was
difficult. She stated that she and her partner previously operated a restaurant in
Chicago and decided to relocate to Lake Forest and work with the creative
community to establish a venue for art exhibits for the benefit of students, not for
profit organizations, local photographers and independent artists. She stated that
since opening the gallery space on Wisconsin Avenue, the community has been very
supportive and the use of the space has expanded to include a location for
celebrations and small special events. She stated that there appears to be an
opportunity for the business to evolve and expand to include a culinary program,
dining spaces, and an outdoor courtyard. She stated that The Gallery will be an
extension of her home and a realization of the dream that brought her back to Lake
Forest.
Ms. Czerniak reviewed the request explaining that restaurants within 150 feet of
residential properties must be reviewed and approved through the Special Use
Permit process. She explained that the business was originally approved as an art
gallery with the understanding that from time to time, limited food would be offered
at art showings. She noted that the City Council previously approved a bring-your-
own-beverage liquor license for the art gallery. She stated that the gallery is evolving
into a restaurant and in compliance with the Code, the business owners are seeking
approval of a Special Use Permit to authorize a restaurant in the space because it is
located adjacent to a residential neighborhood. She noted that patrons of the
business have contacted the City questioning why the restaurant was “closed
down”. She clarified that City staff contacted the business owners to alert them of
the need for a Special Use Permit given the location of the proposed restaurant next
to single family homes. She explained that restaurants, near residential
neighborhoods, are permitted only as special uses to provide the opportunity for a
review of the specifics of the proposed restaurant use and an evaluation of its
compatibility, or lack thereof, with the adjacent neighborhood. She noted that in
this case, the proposed restaurant is small, does a low volume of business, has
adequate parking nearby, has limited hours and does not require a hood exhaust
which could impact neighboring homes with fumes and odors. She stated that the
staff report recommends approval of the restaurant subject to conditions that are
intended to minimize impacts on the adjacent homes and the neighborhood. She
noted that to date, staff has received some complaints from neighbors about noise
and light impacts on homes and private yards stemming from the use of the outdoor
patio. She suggested that consideration of additional screening, although the space
for screening is limited, and some restriction on hours and lighting would be
appropriate in an effort to mitigate the impacts. She added that any use of the
patio by patrons of the business should be conditioned upon a review of life safety
issues such as the provision for adequate egress from the patio. She stated that the
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staff report presents findings in support of the petition subject to conditions of
approval.
In response to questions from Chairman Ley, Ms. Lanyon stated that no significant
improvements are planned to the building or patio. She explained that a “culinary
studio” showcases food as an art form. She confirmed that cooking in the space will
be very limited noting that only an electrical stove will be used to warm food. She
confirmed that food will be prepared on the site.
In response to questions from Commissioner Ruggles, Ms. Lanyon confirmed that she
has an agreement with the adjoining property, the owner of 222 Wisconsin Avenue,
which allows her to use trash and recycling dumpsters located in the parking lot of
that property.
In response to questions from Commissioner Ruggles, Ms. Czerniak stated that if the
agreement to share the trash and recycling dumpsters with the neighboring
commercial property is ended, Ms. Lanyon would need to accommodate a trash
and recycling area on the restaurant property in compliance with the Code
requirements. She noted that any new dumpsters would need to be screened and
set back from the adjacent residential properties.
In response to questions from Commissioner Kehr, Ms. Czerniak confirmed that Lake
County, not the City, is responsible for issuing health licenses for restaurants.
Hearing no further questions from the Commission, Chairman Ley invited public
comment and swore in all those intending to testify.
Phillip Ross, 213 Hancock Avenue in Lake Bluff, stated that he is the Vice President of
Artists on the Bluff, a not for profit organization that exhibits artwork in the gallery. He
stated support for the innovative and entrepreneurial spirit of the business. He noted
that the business has gotten the attention of the community.
Corinne Stagen-Torkelsen, 217 Hancock Avenue in Lake Bluff, stated that she has
exhibited her work at the gallery since it opened. She voiced her support for the
food offered at the gallery noting that it is something different from what is offered
elsewhere in the community.
Kelly McInerney, 1445 N. McKinley Road, stated that she is a frequent patron of the
business noting that everyone enjoys the space and the exceptional food. She said
it is an exciting new offering in the community to see food paired with art.
Hearing no further requests to speak from the public; Chairman Ley invited final
comments or questions from the Commission.
In response to questions from Commissioner Freeman, Ms. Czerniak stated that it is
the obligation of the business owner to monitor parking. She stated that if the City
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receives complaints that employees or patrons of the business are parking in the
residential neighborhood, the City will monitor the situation, alert the property owner
and, if violations of the Special Use Permit are found and not corrected, the Special
Use Permit could be brought before the Plan Commission for reconsideration or
could be rescinded by the City Council.
Chairman Ley asked that a condition be added to require consideration of an
amendment to the Special Use Permit if the business owners propose to expand food
preparations at the restaurant in a manner that would require the installation of a
hood exhaust system.
Commissioner Henry asked that all trash and recycling containers be handled
consistent with the Code requirements for food establishments.
In response to questions from Commissioner Kehr, Ms. Czerniak confirmed that a
neighbor raised concerns about noise and light impacts resulting from activity on the
patio. She noted that the staff report recommends that some parameters be
established through conditions of approval to limit use of the patio in an effort to
mitigate impacts on the neighboring residential properties. She stated that staff
encouraged the business owners to talk with the adjacent residential property
owners in an effort to understand their concerns. She stated that if, after a Special
Use Permit is granted and use of the patio causes negative impacts on neighboring
properties, the matter can be brought back to the Plan Commission for further
consideration.
Commissioner Ruggles noted that compatibility with surrounding residential
properties is one of the criteria that must be considered by the Commission. She
stated that minimizing impacts on the neighboring homes through higher fencing or
some other sound mitigating measures will be important.
Hearing no further comments from the Commission, Chairman Ley invited a motion
Commissioner Henry made a motion to recommend approval of a Special Use
Permit to allow a restaurant to operate in conjunction with an art gallery in the
existing building at 202 Wisconsin Avenue subject to the following conditions of
approval.
Parking
1. Employees must park in public parking lots located throughout the Central
Business District. No on street parking by employees is permitted.
2. Customer parking on residential streets is prohibited.
3. The business owner is responsible for advising employees and patrons of
permitted parking areas and for assuring compliance with the conditions
of approval.
Patio
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4. Use of the patio is permitted from June 1st through October 1st, from noon
to 9 p.m. on Fridays and Saturdays and from 4 p.m. to 7 p.m. the rest of
the week.
5. No more than 25 people may occupy the patio at any time.
6. Staff clean-up of the patio must be completed within 30 minutes after the
closing times noted in Condition #4 and all exterior lights, except for those
required by Code for life safety, must be turned off at that time.
7. Efforts shall be made to enhance screening along the west and north
sides of the patio to buffer the neighboring homes from noise, lights and
activity on the patio. This condition recognizes the limited space within
which to add plant materials.
General
8. No cooking exhaust hood is permitted. If changes in the restaurant
offerings are proposed in a manner that would require an exhaust hood,
consideration of an amendment to the Special Use Permit is required to
provide for the opportunity to assess impacts on the neighboring
residential properties.
9. No outdoor speakers of any type are permitted on the exterior of the
building, no amplified music or amplified sound of any type is permitted
on the patio, and no amplified music or sound is permitted in the building
if any windows or doors are open.
10. Given the small size of the building and property, attendance at special
events shall not exceed 60 people at any one time for the total property.
11. All egress and other life safety requirements shall be met to the
satisfaction of the Director of Community Development and Fire Chief for
the interior space and for the patio.
12. The source of light for all exterior lighting shall be shielded from view from
off of the property. All exterior lights shall be directed downward to
mitigate off site impacts. A permit must be obtained prior to the
installation of any new exterior lighting.
13. Deliveries shall be made only between the hours of 9 a.m. and 5 p.m.
14. Trash and recycling containers for food waste of any type shall not be
located within 20 feet of a residential property line and shall be located
within enclosures consistent with the requirements of the Code.
The motion was seconded by Commissioner Freeman and was approved by the
Commission by a vote of 5 to 0.
5. Introduction and Opening of Public Hearing: Consideration of a request for
approval of a Special Use Permit to authorize the location of a Chase Bank branch
and bank drive thru facility on property located at 884 S. Waukegan Road. Banks
and drive thru facilities are permitted in the B-1 zoning district only as special uses.
The site is currently the location of McDonald’s. Demolition of the existing building
and construction of a new building is proposed. This meeting is intended as an
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opportunity for the Commission to hear an introduction of the petition and to invite
initial public comment on the request.
Property Owner: 884 S. Waukegan Road, LLC (Frank Mariani 50%, John
Fiore, Jr. 50%)
Petitioner: Jon Krissoff, Market Director of Real Estate
JPMorgan Chase & Co.
10 S. Dearborn, Floor 15
Chicago, IL 60603
Representatives: Timothy Meseck, The Architects Partnership
Allen Kracower, Kracower & Associates
Robert O’Donnell, Attorney
Chairman Ley asked the Commission for any conflicts of interest or Ex Parte contacts.
Hearing none, he swore in all those intending to speak and invited a presentation from
the petitioners.
Mr. Krissoff stated that he is the Market Director for Chase Bank for the greater
Chicago area and lives in Libertyville. He stated that he is responsible for 350 bank
branches and about 1500 automatic teller machines. He stated that he helps create
and implement Chase Bank’s strategy for branch banks and automatic teller
machines across the network. He stated that the greater Chicago area is extremely
important to Chase, including Lake Forest. He stated that Chase Bank is the number
one bank in the region. He stated that Chase Bank currently serves Lake Forest with
one branch bank located on the east side of the community. He stated that there is
not currently a Chase Bank branch that conveniently serves west Lake Forest. He
noted that in the west Lake Forest trade area, which Chase defines as the area
within a two mile radius of the site now proposed for development with a new
branch bank, there are 8,275 households, 75 percent of which are Chase customers
who have at least one checking account with Chase Bank. He noted that if all
products offered by Chase Bank are considered, the customer number is higher.
He acknowledged that many customers use two or three different banks and are not
exclusively Chase Bank customers. He stated that based on Chase Bank’s
experience, customers demand a branch within a three minute drive of their homes
or places of employment. He stated areas near grocery stores, pharmacies and
public transportation are good locations for banks. He stated that the proposed
location on Waukegan Road is a good spot for a Chase branch. He stated that a
typical Lake Forest resident has a significant need for bank services and Chase wants
to be positioned to meet those needs. He stated that JP Morgan Chase is strong. He
acknowledged that the retail banking industry is changing as is the entire retail
industry. He stated that the type of branch proposed in west Lake Forest is a new
model which is designed to serve the community for decades to come. He
acknowledged that in person bank transactions are falling off considerably as bank
customers migrate to mobile sites and use debit and credit cards. He stated that
people are holding less cash, but noted that Chase finds that 99.9 percent of
customers still want a personal touch when opening a new account, managing
investments, refinancing a mortgage or servicing accounts. He said that Chase does
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not see that preference changing any time soon. He explained that the building
proposed at this location is the bank branch of the future. He stated that upon
entering the bank, customers will not see a long teller line. He explained that instead,
customers will see a reception area and private offices. He stated that ideally,
Chase customers will be greeted by name by their private investment advisors. He
stated that the new branch bank is much smaller than existing branch banks noting
that the proposed building is 3,600 square feet and older branches are 15,000 to
20,000 square feet. He stated that although the building foot print is very small, the
intent is to design and build a high quality structure to fit in with the surrounding
development adding that construction will cost an estimated 4.5 million, a high cost
for a building of this size. He emphasized Chase’s long term commitment to this site
and the Lake Forest community.
Tim Messick, Architects Partnership, stated that his firm is the architect of record for
the project. He stated that his office is located at 200 S. Michigan Avenue, in
Chicago. He reviewed the existing site plan noting that the parcel is one acre and is
currently the site of McDonalds’ restaurant. He stated that the existing building,
which is proposed for demolition, is a single story with the appearance of second
floor massing. He stated that there are 40 parking spaces on the site today. He
reviewed the existing ingress and egress points from Waukegan Road and
Gloucester Crossing noting that there will be no change in the access to the site. He
stated that the proposed building has generally the same footprint as the existing
building. He stated that most of the existing landscaping and trees will remain on the
site. He stated that the site, as proposed, will have 37 parking spaces and a 3,600
square foot, single story building. He noted that there is an access easement across
the west end of the property which provides for access to the Forest Square
development to the north, from Gloucester Crossing. He stated that the access
easement must remain. He stated that parking will be located to the north and west
of the building, as it is today. He stated that a drive thru lane will be located on the
south side of the building to provide access to the ATM. He added that a by-pass
lane is also proposed on the south side of the building. He reviewed the conceptual
landscape plan stating that the existing mature trees will be preserved to the extent
possible. He stated that two trees are proposed for removal. He reviewed the floor
plan noting that all of the bankers will be visible with the open plan concept. He
presented a conceptual rendering of the building noting that it is designed in the
traditional style and that natural materials are proposed for the exterior of the
building. He noted that the main entrance will be on the north façade but
explained that the east elevation will also appear as the front of the building from
the streetscape. He stated that all elevations will be detailed consistently
recognizing the visibility of all sides of the building. He stated that the proposed
building is designed in a manner consistent with other structures in the area. He
stated that the drive thru is de-emphasized when viewed from the intersection noting
that the drive thru is designed to safely accommodate both pedestrians and
vehicles to the extent possible. He presented signage concepts noting the intent to
have signs on all four elevations in addition to a monument sign along the
Waukegan Road streetscape. He pointed out that customers will be approaching
Plan Commission Minutes – August 9, 2017 Meeting Page 8 of 18
the building from all four directions. He presented a massing study illustrating how
the proposed building will fit into the context of other buildings in the area. Finally, he
presented an adaptive reuse plan commenting that if necessary, the proposed
building could be reconfigured as two separate tenant spaces in the future.
Frank Mariani, property owner, stated that he lives less than a mile from the site on
Old Mill Road. He stated that he bought the property with his uncle, John Fiore, more
than 30 years ago and a tree and landscape business was established on the site.
He stated that prior to that, the property was a service station. He stated that after
the tree and landscape business vacated the site, it was leased to an auto repair
shop. He stated that more than 20 years ago, the City approached him and his
uncle about redeveloping the area as Settler’s Square, through the establishment of
a Tax Increment Financing District. He stated that at the request of the City, he and
his uncle agreed to sell a considerable amount of the property to the City to allow
the Square on Gloucester Crossing to be created. He noted that by selling the land
as requested by the City, the footprint of his property was reduced, forever limiting
the size of a building that could be built on the site. He stated that McDonald’s 20-
year lease ends in August and at that time, he intends to buy out his uncle’s share in
the property noting that his uncle is in his 80’s and does not want to go through
another approval process like occurred when McDonalds was proposed for the site.
He clarified that during the discussions about redevelopment of this area, the City
approached him and his uncle about locating a McDonalds on the site. He noted
that Bill McEssy, the franchise owner of many McDonalds’ restaurants, wanted to do
something special at this location and designed a building that was not a traditional
McDonalds’ building, without the usual signage or a drive-thru. He stated that
citizens of the community opposed it and litigation followed. He noted however that
once the McDonalds was built and opened, the many problems residents feared,
did not come to pass. He stated that a drive-thru was added to make the restaurant
viable after the cost of litigation. He noted however that the sales volume at this
location never reached that of a typical McDonalds’ restaurant. He stated that
despite his efforts, he was not able to reach agreement with McDonalds Corporation
to renew the lease. He noted that he was approached by Starbucks but noted that
Starbucks is a key tenant of the Forest Square center directly to the north and he did
not want to take that business from the development. He noted that today, filling
retail tenant spaces is difficult. He stated that Chase Bank came to him; he did not
pursue a bank for the site. He stated that Chase Bank intends to design a building
that can be adaptively reused for a different type of business in the future if
necessary. He stated that significant money will be put into the building to make it
aesthetically pleasing and noted that his company, Mariani Landscaping, will see
that the site is properly landscaped. He commented that as a resident, he does not
understand other residents’ perception that there are too many banks commenting
that business is business. He stated that if someone is willing to make an investment in
a property that is the way the market operates. He stated that he would have liked
to see Lovell’s remain, but noted that the building in which the restaurant was
located is now a health care facility. He stated that not enough people patronized
McDonalds to make it a viable location for McDonalds Corporation. He noted that
Plan Commission Minutes – August 9, 2017 Meeting Page 9 of 18
banks in the area do very well and stated that he expects that Chase will do well at
this location. He added that a business that helps to reduce traffic in the area on the
weekends will be great for the community in his opinion.
Ms. Czerniak stated that the petition is before Commission at this time for an
introduction to allow the Commission to hear initial comments from all parties and
gain a good understanding of the request and related issues. She noted that the
criteria that the Plan Commission will ultimately use to evaluate the petition are
included in the staff report. She stated however, staff did not prepare findings in
response to the criteria yet in order to allow further information to be gathered. She
stated that City staff received a number of phone calls and comments from residents
expressing concern that there are too many banks in the area. She reviewed that a
number of years ago, in response to the number of banks in the community, the Plan
Commission, at the direction of the City Council, reviewed the Zoning Code with
respect to banks. She explained that after study, the Commission recommended
that banks be categorized as special uses, rather than remain as uses that are
permitted outright, to allow the opportunity for a review of future banks based on
specific criteria. She noted that the criteria require that proposed banks and drive
thru facilities be evaluated on various factors including how they relate to pedestrian
activity, the overall context of the business district and whether the proposed
building lends itself to future adaptive reuse for other uses including retail stores and
restaurants. She clarified that the City Council established a moratorium on new
banks only during the time the Code language was being amended and the criteria
developed. She stated that today, based on the Code, banks are permitted in the
various business districts so long as the applicable criteria are satisfied. She noted
that many local banks are involved in supporting the community in various ways
adding that some banks are more involved in the community than others. She
stated that in early meetings with Chase representatives, staff encouraged them to
be very involved in and present in the discussion before the Plan Commission and in
the community overall. She stated that a number of points are called out in the staff
report including preservation and relocation of the mural located in McDonalds. She
stated that staff encouraged Chase Bank representatives to step forward to support
the relocation efforts. She stated that the financial aspects of the proposed use, the
change from a sales tax producing use to a non-sales tax producing use, are under
the purview of the City Council. She noted that at the time the Lovell’s Restaurant
was converted to a non-sales tax producing use, the Lovell’s and Northshore
University Healthcare Systems came forward with contributions to support
infrastructure, landscaping and parking in the area. She stated that the proposed
bank use does not appear to have negative impacts on the surrounding area
related to the standard special use criteria which include traffic, drainage, parking,
lights, noise and odors. She confirmed that the existing building is proposed for
demolition and a new building is proposed generally in the footprint of the existing
building. She stated that preserving the few mature trees on the site will help to allow
the new building to fit into the established business district. She summarized that at
this time, the Commission is asked to consider the presentation by Chase Bank
representatives and the property owner; listen to public testimony, and provide
Plan Commission Minutes – August 9, 2017 Meeting Page 10 of 18
direction to staff and the petitioner on any additional information that is needed by
the Commission to allow for a full evaluation. She noted the importance the design
of the site and the building and recommended that the project be forwarded to the
Building Review Board for initial review of the building massing and design, signage,
lighting and landscaping.
In response to questions from Chairman Ley, Mr. Krissoff stated that there will be
about ten employees at the proposed branch. He stated that the proposed building
will be one of the smaller branches in the Chase network. He stated that branch
banks are needed for face to face contact with customers. He stated that the
proposed bank is not just intended to advertise Chase Bank, but to serve residents in
the area. He confirmed that the existing branch on Illinois Road, in the Central
Business District, will remain.
In response to questions from Commissioner Kehr, Mr. Krissoff clarified that as
proposed, the building will not have interior second floor space although it will
appear from the exterior to have two-story massing to fit the context of the area.
In response to questions from Commissioner Kehr, Tim Messick stated that Chase Bank
buildings are designed to be green, but noted that Chase does not pursue LEED
certification due to the cost for obtaining the certification. He noted for example
that building materials will be sourced locally, water efficient fixtures will be used and
landscaping will be selected that does not require significant watering. He
confirmed that the interior of the building is designed to de-emphasize the teller line.
He stated that the proposed branch will have drive-up and walk-up ATM machines.
He stated that the vestibule will be accessible to customers 24-hours a day, with key
card access. He stated that security lighting and convenient parking will be
provided. He reviewed the alternate plan noting how the space could be divided
into two tenant areas in the future, if the bank vacates the site, with one of the
tenant spaces facing Waukegan Road.
In response to questions from Commissioner Kehr, Ms. Czerniak confirmed that the
pedestrian tunnel under the railroad tracks that is being discussed will not be
impacted by the proposed development. She also confirmed that the recent
discussions about the potential addition of a siding rail line in the future, to allow
commuter trains to bypass slower freight trains, will not be impacted by the proposed
bank. She stated that a number of people and groups have stepped forward with
ideas about where the mural that is currently located in the McDonalds could be
installed to preserve it for the community.
Commissioner Kehr suggested that consideration could be given to relocating the
mural to the future pedestrian tunnel. She suggested that Chase work with the
Career Resource Center to identify potential employees.
In response to questions from Commissioner Freeman, Mr. Mariani stated that there
were several conversations with Mr. McEssy about renewing the lease. He pointed
Plan Commission Minutes – August 9, 2017 Meeting Page 11 of 18
out that a new McDonalds was recently opened about a mile to the south and
stated that sealed the deal for both of them. He stated that negotiations went back
and forth for over a year and initially, Mr. McEssy indicated that he would like to
remain at the site but at a rate the he could not accept.
Commissioner Freeman referred to a discussion at the Commission’s meeting in
March about another property in the area for which two special uses were also
proposed. He stated that the discussion focused on the B-1 District and how it relates
to property rights. He noted that the Commission discussed how sending a petition
to the Building Review Board for design review can deter development by dragging
out the review process before the threshold issues are resolved. He stated that
dragging out the process does not serve the community well. He noted that two
special uses are proposed as part of the current petition as well. He pointed about
that the threshold questions for the Commission is not financial viability, or why Chase
Bank plans to invest 4 million dollars into the site, but instead, whether the proposed
uses are consistent with the B-1 District and what it was established to do, and
whether or not the proposed uses are consistent with the purpose of the B-1 District
as stated in the Code. He reviewed the purpose of the B-1 District noting that it is
intended to accommodate small retail and service businesses that are required to
meet the frequently recurring needs of persons residing in adjacent or nearby
residential areas. He stated that once those two questions are answered, then, if
appropriate, discussions can turn to what conditions of approval should be
considered and consideration of the design of the building. He questioned whether
given the concerns raised by residents about the availability of other banks,
including Chase branches, in the general area, and the availability of banking apps
on phones, the proposed bank is required to meet a frequent and recurring need.
He stated that the market has changed and reviewed data on bank branches that
have been closed. He asked what is it about this service business that makes it a
required use that is needed to meet the frequently recurring needs of residents in the
area.
In response to questions from Commissioner Freeman, Mr. Krissoff agreed that retail
banking is changing and confirmed that Chase has closed branches in some areas.
He noted that when Dominick’s closed, several Chase Bank branches had to close
quickly. He stated that Chase is trying to position itself to serve people better. He
stated that west Lake Forest is developed with households that have strong banking
needs and many Chase customers live in the area. He stated that the proposed
location fills one of the largest gaps that exist in the Chase network. He stated that
he has been working to find a suitable location for a Chase branch in this area for
several years. He stated that the proposed site is a perfect long term location. He
acknowledged that banking will continue to change and pointed out that the
proposed building will provide flexibility to meet employee and customer needs in
the future. He stated that the bank will always have employees.
Plan Commission Minutes – August 9, 2017 Meeting Page 12 of 18
Commissioner Freeman stated appreciation for the significant investment proposed
by Chase Bank at the site. He noted that he is a customer. He stated that he is
weighing the proposed use against the requirements of the Code.
In response to a question from Commissioner Kehr, Mr. Krissoff said that the bank that
was in the former Dominick’s grocery store in Bannockburn was not replaced and
agreed that the proposed location will fill in part of the gap left due to that closing.
Hearing no further comments from the Commission, Chairman Ley invited public
comment.
Steve Ricmeier, 851 Gloucester Crossing, stated that he is not opposed to the bank
noting that he does not see any negative impacts from the bank, but adding that he
does not see any positive impacts either. He stated that losing McDonalds is the
down side of the proposal. He stated that he and other community members enjoy
being in the McDonalds’ space, talking through issues and meeting other customers
who come to the business. He noted that his Homeowners’ Association often meets
at McDonalds noting that it is neutral territory. He added that he takes his
grandchildren to McDonalds when they visit and stated that there is value in having
McDonalds in the neighborhood. He acknowledged that he could go elsewhere but
noted that he likes to patronize businesses in his neighborhood. He stated that he will
be sorry to see McDonalds close noting that it has become part of the fabric of the
community.
Dan Siebald, 560 Ivy Court, agreed with Commissioner Freeman’s comments. He
stated that diversity of businesses is important and noted that the business district
along Waukegan Road lacks a distinct character. He stated that in general, he does
not like fast food restaurants noting that they are auto oriented and result in litter
sometimes far from the business itself. He stated that as proposed, the bank will have
far more parking than is needed and questioned whether the proposed plan
presents a good use for the property. He added that the drive thru and ATM require
a great deal of hardscape. He suggested revising the site plan to minimize the
amount of pavement and suggested that the ATM be available for walk up service,
instead of drive thru service. He suggested that careful consideration be given to
building a structure that will be useable for other types of business in the future.
Larry Crohn, resident of Washington Circle, stated that he is a life-long resident of
Lake Forest, 87 years. He stated that he remembers when the area west of Skokie
Highway was in the County. He noted that he is a retired letter carrier and knows the
community well. He stated that he and 10 or 12 others meet at McDonalds every
morning for coffee and conversation. He stated that there is no other place to meet
in the area. He said that when he is at McDonalds, he notices customers including
people with children and people traveling along Waukegan Road. He noted that
there is no other restaurant in the area. He commented that Lake Forest has grown
and there are many families in west Lake Forest today. He stated opposition to
another bank. He pointed out that there are five banks in the Central Business District
Plan Commission Minutes – August 9, 2017 Meeting Page 13 of 18
and three banks along Waukegan Road. He said that he has watched the existing
banks and few customers go into them. He noted that McDonalds is well run noting
that it is clean, the trash is contained and there is no loitering on the site. He noted
that many laborers and service employees stop at McDonalds each morning to get
coffee and food.
Allen Palmer, 1077 Coventry Drive, stated that he lives in the first house north of the
Waukegan Road business district. He stated that the sidewalk near his house is below
the grade of the street. He noted that the south side of the business district has large
trees but on the north side, diseased and dead trees were cut and the stumps were
not removed. He noted that the City has an easement behind his house, adjacent
to the business district, which is not landscaped. He noted that his house is impacted
by lighting from the business district. He questioned whether the lights at Chase Bank
would be on all night. He noted that this is a high traffic area. He stated that in his
opinion, another bank in this area will not benefit the community, only the
corporation. He noted that the City approves many businesses, such as health care
offices, that do not generate sales tax to benefit the community. He stated that the
north side of the business district has not been maintained for 30 years. He asked
that the light pollution from the business district be addressed.
Steve Douglass, 460 Washington Road, stated that he is employed by the company
that owns Forest Square, the development to the north of the McDonalds’ site. He
stated agreement with Mr. Mariani’s comments about how difficult it is to lease retail
space. He acknowledged that many people love McDonalds but noted that if
enough people loved it, McDonalds Corporation would be willing to pay a market
rent. He stated that it is important to not have vacancies in the business district. He
stated that he sees the bank as a strong draw, bringing people into the area and to
other businesses nearby. He stated that he would rather see the site redeveloped
with a bank than sit vacant. He stated that his hope is that the banks and other
service uses draw additional retail into the area. He stated that he supports the
project.
Hearing no further requests to speak, Chairman Ley reiterated that the public
hearing on this matter will remain open. He invited final questions and comments
from the Commission.
In response to questions from Commissioner Kehr, Ms. Czerniak stated that she is not
aware of any comments from Northern Trust Bank about why they left the Waukegan
Road area. She noted that the former Northern Trust Bank building is now owned by
Lake Forest Bank and Trust and the first floor is occupied by the bank and the second
floor, by medical offices which bring employees and patients into the area. She
noted that the Chase Bank building could be designed with the capability of
building out second floor office space.
Commissioner Kehr stated that she is aware of a significant amount of available
office space elsewhere.
Plan Commission Minutes – August 9, 2017 Meeting Page 14 of 18
In response to a question from Commissioner Henry, Mr. Krissoff stated that Chase
Bank is not in the speculative office business.
Commissioner Ruggles stated that the presentation was inclusive and well thought
out. She stated that the public testimony was helpful and stated that she
understands that it is emotional to lose a community restaurant. She noted however
that if the existing McDonalds’ is not viable, then a vacant building could be the
alternative. She stated that a vacant building or property is not beneficial to the
community but investment in the west business district will be beneficial. She agreed
with the staff recommendation that the petition should be forwarded to the Building
Review Board for design review. She stated that she has no requests for additional
information.
Chairman Ley agreed that the proposed development should be reviewed by the
Building Review Board soon to assure that the design is tailored to meet the City’s
design standards. He stated that in his opinion, some refinements to the design are
needed.
Commissioner Freeman stated that in his opinion, referring the petition to the Building
Review Board at this time puts the cart before the horse. He asked why the Board
should discuss the building, landscaping and design of the ATM before the question
of whether the petition meets the purpose of the B-1 district is answered. He
reviewed data on the number of bank branches that have closed or are slated for
closure providing percentages and noting the source for the information. He added
that banks are providing disincentives to visit branch banks by charging fees for
service and by offering online and phone apps to do business. He commented on
the traffic study that was provided to the Commission noting that it concludes that
the proposed development will generate 25% less traffic than the existing
development on the site. He noted that the projections are based on handbooks
that are outdated and suggested that actual traffic counts be taken to understand
what the traffic levels would be and how other businesses in the area would be
affected. He noted that the traffic generated by the adjacent bank was not
measured but as noted by one of the residents who testified, the neighboring bank
does not generate much traffic. He stated that the Commission is not in a position to
make a judgement about the profitability, or lack thereof, of the existing business.
He pointed out however that no testimony was presented stating that the existing
McDonalds is not profitable. He questioned whether the proposed use is one that is
needed to meet the frequent and recurring needs of residents in the area. He noted
that there are four Chase Bank branches within 4 miles of the proposed site and 8
Chase Bank branches within 5 miles of the site. He noted that those numbers do not
include Chase branded ATMs or the availability of online and phone apps. He
continued noting that there are 16 Chase Banks within 6-1/2 miles of the site. He
stated that there are local and national banks in the immediate vicinity. He stated
that a search for banks in Lake Forest brings up 20 results noting that if that number is
correct, there is a bank for every 800 to 900 residents. He stated that he cannot see
how there could be a genuine required and repetitive need for the proposed use.
Plan Commission Minutes – August 9, 2017 Meeting Page 15 of 18
He stated that it is wrong to make suggestions about the viability of the existing use
and wrong to delay a decision on this petition until after the lease with the current
tenant expires and employees are laid off. He stated that the community will have
lost something and the Commission will be faced with a manufactured choice, a
vacant building or Chase Bank. He stated that in his opinion, that is not the way the
Commission should deliberate. He stated that until the Commission determines
whether the proposed use is consistent with the purpose of the B-1 District, the
petition should not be sent to the Building Review Board.
Commissioner Henry stated that he agrees with Commissioner Freeman’s points but
noted that he is sensitive to the property owners and the current zoning on the
property. He stated that he would feel differently if he knew that there were four or
five retail uses lining up to fill the 3,600 square foot space. He stated that some
protections are built into the proposed project given the planned investment of 4.5
million dollars into the site by Chase Bank. He stated that he understands
Commissioner Freeman’s interpretation of the purpose of the B-1 District and he
noted that the Tax Increment District was established in this area to provide
businesses and services that residents in the area need. He stated that in his opinion,
banks are battling for business and noted that there will be clear winners and losers.
He noted that maybe locating a bank in the area where 75 percent of the local
residents have accounts or use the services makes sense. He noted that Chase Bank
should not be penalized noting that they may be paying the highest rent in the area
and constructing the most expensive building. He stated that he feels some
responsibility to the property owners to carefully consider the petition.
Commissioner Ruggles stated that she understands Commissioner Freeman’s
comments about the B-1 District and stated that a bank is a service that people use
regularly. She noted that banks are appropriate in the B-1 District because there are
several located in the district already. She stated that because there are banks
already there, that should not mean that there cannot be any more. She stated that
the City must support an open market which will result in winners and losers. She
stated that Chase Bank is taking a risk based on the business plan they have
developed for the site. She stated that the Commission should consider the petition
in the context of the Code language and determine whether the proposed use
meets the applicable criteria. She stated that the city should encourage businesses
to be successful and to move into the community.
Commissioner Kehr stated that a bank is an acceptable use in the B-1 District. She
noted that hearing that 75 percent of residents in the area are already customers of
Chase Bank is an important piece of information. She noted that Chase Bank will be
the only National bank in the area noting that the others are regional or super
regional. She questioned whether there are alternative uses that would be viable at
or interested in the site in today’s retail environment. She agreed that a fast, casual
restaurant could be accommodated on the site noting that there is sufficient parking
if there was a restaurant that wanted the space. She noted that the available on
site parking provides opportunities for the site in the future. She noted Chase Bank’s
Plan Commission Minutes – August 9, 2017 Meeting Page 16 of 18
excellent credit rating and stated that they would be considered a high quality
tenant. She stated that she would find it difficult to deny this application based on
the factors that the Plan Commission is charged with considering.
Chairman Ley asked that staff prepare findings to assist the Commission in evaluating
the petition based on the applicable criteria and standards in the Code. He
encouraged Mr. Krissoff to work with others in his organization to respond directly to
the applicable criteria.
Commissioner Henry encouraged Chase Bank to consider community contributions
such as those made by North Shore University Healthcare Systems when they
proposed to occupy the Lovell’s property.
Commissioner Freeman stated that the Commission is not in the business of picking
winners and losers with respect to property values or determining whether it makes
sense for Chase to spend $4.5 million dollars to construct a bank branch. He stated
however that the Commission does have an obligation to assure that the petition
meets the purpose and intent of the ordinance and to consider the request in the
context of the city plan. He stated that the Commission should consider whether the
proposed use benefits the residents and whether the community is losing something
in return. He stated that his kids, like others, grew up at the McDonalds. He noted
that community members are attached to the murals in McDonalds not only
because they are the work of a local artist, but because they socialized around the
murals. He stated that he is surprised that it is not being acknowledged that the
community is losing something. He questioned what is being gained in return. He
acknowledged that a bank is an appropriate use in the B-1 District but questioned
whether with as many banks as now exist; another bank branch will really meet a
frequent need of the residents in the area. He suggested that an argument could
be made that bank branches do not serve any need any more. He stated that
projected customer counts for the proposed bank cannot overlap with service areas
for other existing branches. He stated that residents who currently go to other
branches should not be counted in the service area for the proposed bank. He
stated that type of information does not allow an intellectually honest discussion. He
stated that an ongoing business enterprise will close and people will be laid off. He
stated that once closed, the vacant building will be used as leverage to view the
situation differently. He stated that in his opinion, that is wrong and not the way the
process should work. He stated that traffic counts should have dates attached to
them so it can be put in context. He stated that the traffic that goes into the existing
banks should be studied. He questioned what additive value another bank will bring
to the community. He stated that in his opinion, the proposed use does not meet the
purpose of the B-1 District. He stated that no further hearing is required. He stated
that he is surprised that more testimony was not presented given the discussions
about the issue that have appeared on social media.
Commissioner Kehr noted that any correspondence received by the City on the
petition is provided to the Commission. She noted that no written testimony was
Plan Commission Minutes – August 9, 2017 Meeting Page 17 of 18
received on this petition. She stated appreciation for the testimony presented at the
hearing noting that when she goes to Sunset, she rarely sees much activity at
McDonalds.
Chairman Ley asked that clarification be provided on the traffic study noting that
the differential in the existing and anticipated traffic appears to be based on ITE
handbook standards rather than on actual traffic counts. He questioned whether
the reduction in traffic volumes will be as great as suggested in the study. He asked
that “conservative” be defined to clarify whether the numbers are conservative on
the high or low side.
At the request of the property owner, Chairman Ley agreed to allow an additional
comment.
In response to Commission comments, Mr. Mariani clarified that the McDonalds’
lease is up at the end of the month. He stated that is a reality and is not being used
as a hammer. He stated that it is m isleading to say that the closing of McDonalds
can be stopped. He stated that he understands that the closing of McDonalds will
take away a space used by the community and noted that he is sympathetic to that
loss. He stated that this McDonalds is not a high performing location. He stated that
despite significant efforts on his part and on the part of the franchise owner, a deal
with McDonalds Corporation could not be reached. He noted that he approached
other restaurants as possible tenants, with no success. He pointed out that for some
uses; the site is not large enough. He reiterated that he worked closely with the City
to establish the Settler’s Square business district and as a result, his property is smaller
than it otherwise would have been. He stated that he wants to do what is right for
the community.
Hearing no further discussion by the Commission, Chairman Ley asked for input from
the Commission on whether the petition should be referred to the Building Review
Board at this time. Hearing a consensus of the Commission, he noted that the
petition should not be presented to the Building Review Board until the Commission
considers the petition further. He invited a motion.
Commissioner Henry made a motion to continue the petition to allow the petitioner
to respond to the questions and comments from the Commission and the public.
The motion was seconded by Commissioner Ruggles and was approved by the
Commission by a vote of 4 to 1 with Commissioner Freeman voting nay.
Commissioner Freeman stated that he objects to the continuance noting that Chase
Bank presented its case and in his opinion, the applicable criteria are not met.
5. Additional public comment on non-agenda items
There was no testimony was presented on non-agenda items.
Plan Commission Minutes – August 9, 2017 Meeting Page 18 of 18
6. Additional information from staff.
There was no additional information presented by staff.
The meeting was adjourned at 8:54 p.m.
Respectfully submitted,
Catherine Czerniak
Director of Community Development