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PLAN COMMISSION 2017/09/20 Minutes
The City of Lake Forest
Plan Commission
Proceedings of the September 20, 2017 Meeting
A meeting of the Lake Forest Plan Commission was held on Wednesday, September
20, 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, Louis Pickus and Guy Berg
Commissioners absent: Commissioners: Rosemary Kehr
Staff present: Catherine Czerniak, Director of Community Development
1. Introduction of Commissioners and staff.
Chairman Ley introduced the members of the Commission and staff. He noted that
Commissioner Kehr was originally scheduled to attend the September meeting of the
Commission however, due to the rescheduling of the meeting; a prior family
commitment prevented her from attending.
2. Consideration of the minutes of the August 9, 2017 meeting.
Consideration of the minutes of the August 9, 2017 meeting was postponed.
3. Consideration of a request for approval of the final plat of subdivision for the
Saunders Estates Subdivision, 480 Saunders Road.
Chairman Ley asked the Commission for any conflicts of interest or Ex Parte
contacts. Hearing none, he invited a presentation from the petitioner and swore in
all those intending to speak.
Toni Caccamo-Swiontek, Greengard, Inc., project engineer, stated that she is
representing the owners, CCCT, LLC (Todd Polcyn, Chuck Cerniglia, Craig
Cerniglia and Chris Cerniglia). She stated that since tentative approval of the
subdivision, the project team has worked with City staff to finalize the engineering
plans and the plat of subdivision. She requested approval of the final plat of
subdivision.
Ms. Czerniak noted that the Plan Commission recommended approval of the
tentative plat for the proposed four lot subdivision in March, 2017. She stated that
based on the Commission’s recommendation, the City Council granted approval
of the tentative plat. She noted that the proposed subdivision is located west of
Saunders Road, east of the Tollway and south of Route 60. She stated that all four
lots exceed 40,000 square feet, which is the minimum lot size in the R-3 zoning
district in which the proposed development site is located. She added that the
lots meet all applicable Code requirements except for the lot to depth ratio
Plan Commission Minutes – September 20, 2017 Meeting Page 2 of 13
requirement. She noted that the Commission discussed the lot to depth ratio
during consideration of the tentative plat and determined that given the proximity
of the Tollway to the site, deeper lots are appropriate to allow each homeowner
to add landscape screening to the rear yard to buffer the homes from the Tollway.
She noted that a landscape plan reflecting street tree plantings and plantings on
the outlot, including the common area and the detention basin, was provided to
the Commission. She explained that each of the four lots will be sold and will be
developed individually. She stated that a landscape plan will be required for
each lot prior to the issuance of building permits. She confirmed that staff from
various City departments reviewed the final plans and found them to be in
conformance with the applicable requirements. She noted that the staff report
offers findings in support of approval of the final plat of subdivision and details
recommended conditions of approval.
In response to a question from Commissioner Freeman, Ms. Czerniak confirmed
that the conditions of tentative approval have been satisfied.
Hearing no further questions from the Commission, Chairman Ley invited public
comment. Hearing none, he invited final questions or comments from the
Commission. Hearing none, he invited a motion from the Commission.
Commissioner Freeman made a motion to recommend approval of the final plat
of for the Saunders Estates Subdivision based on the findings detailed in the staff
report and subject to the following conditions of approval.
1. The final plat of subdivision, final engineering plans, final landscape plan and
all other final documents shall be subject to review and final approval by the
City Engineer, City Arborist and Director of Community Development. Upon
a determination by the City Engineer, City Arborist and Director of
Community Development that the documents are complete and in full
compliance with all applicable Code requirements, the plat of subdivision
shall be submitted to the City Council, along with the recommendation from
the Plan Commission in support of final approval.
2. Prior to recording the plat, all applicable fees must be paid in full and any
required financial guarantees must be filed with the City in a form
acceptable to the City Attorney.
The motion was seconded by Commissioner Pickus and was approved by the
Commission in a vote of 6 to 0.
4. Continued Public Hearing and Action: 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
Plan Commission Minutes – September 20, 2017 Meeting Page 3 of 13
uses. McDonald’s was previously located on the site. Demolition of the existing
building and construction of a new building is proposed.
Property Owner: 884 S. Waukegan Road, LLC (Frank Mariani 50%, John
Fiore, Jr. 50%)
Petitioner and Representative: Jon Krissoff, Market Director of Real Estate
JPMorgan Chase & Co.
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 thanked the Commission for its continuing consideration of the petition
submitted by Chase Bank. He stated that he is in charge of ATM and bank branch
strategy in the region. He stated that his presentation will focus on answering
questions raised by the Commission at the last meeting. He introduced members
of the Chase Bank team and consultants noting that they are available to provide
information and answer questions. He reviewed a map of southeast Lake County
showing other Chase Bank locations. He pointed out that there is a “donu t hole”
on the map that will be filled by the proposed bank in west Lake Forest. He noted
that the locations of Chase Bank branches throughout the region align closely with
the locations of grocery stores adding that the proposed Chase Bank will be
located across the street from Sunset Foods. He explained that most customers
prefer to have a bank branch located within a three minute drive from their home,
in an area where they shop to meet their local needs. He noted that it is about a
ten minute drive from the existing Chase Bank location in east Lake Forest to the
proposed site, about four miles. He stated that there is a significant density of
households near the proposed site most of which have significant banking needs.
He noted that many communities have more than one Chase Bank branch
identifying Highland Park, Buffalo Grove and Libertyville as all having more than
one Chase location. He stated that Chase is moving in the direction of free
standing banks that are easy to see, rather than branches located within stores.
He stated that Chase is currently reinvesting in its branch network and targeting
banks in two mile rings. He provided a map focused on the intended service area
noting that the proposed location is anticipated to serve residents of nearby
communities including Bannockburn and the Village of Mettawa as well as
residents of Lake Forest. He noted that the existing Chase Bank in the Central
Business District targets about 7,500 customers and the proposed branch targets
about 6,200 customers. He noted that there is often more than one customer in a
household. He stated that the dividing line between the service areas for the
existing and proposed Lake Forest branches is generally Route 41. He stated that
Chase research has confirmed that there is sufficient demand to support a second
branch in Lake Forest. He reviewed the types of services that will be offered by the
proposed branch noting that in addition to the normal retail services, the
proposed location is intended to be an advice center. He noted that a 3,600
square foot building is proposed, small in comparison to older branch banks. He
noted that on a daily basis, the new branch will be a location for meetings with
Plan Commission Minutes – September 20, 2017 Meeting Page 4 of 13
Chase Private Bank clients. He stated that the teller line will be deemphasized. He
explained that on a typical day, investment advisors will work with clients to open
and manage accounts, provide home lending and mortgage advice, and
provide services to local small businesses. He added that Chase employees will be
available to assist customers with using the technology that is available. He stated
that technology will not replace bricks and mortar banks. He pointed out that
unlike other banks in the area, Chase Bank has a National presence and because
of that, is in a unique position to help local residents. He noted that when he was
a personal banker in Deerfield, a parent came in to open an account for a
student who was going to an out of State college. He noted that the father of the
student was a senior executive at a local, competitive bank but came to Chase
because of its National presence. He stated that the ability to complete
transactions on line is convenient but noted that in an emergency, it is helpful to
have a bank within a few miles.
Toni Boyce, Chase Bank Local Market Director of Banking in southeast Lake
County, stated that she wanted to put a local Chase Bank face on the petition.
She reiterated that east and west Lake Forest represent separate and distinct
trade areas. She stated that the east Chase branch has done well and is at
capacity. She stated that the east Lake Forest branch does not have enough
space to offer the type of advice center and the level of service that clients
expect and deserve. She noted that today, many branches offer personal
attention and service on complex issues. She stated that to meet the need, the
proper number of staff and associates need to be available. She stated that
additional bankers will be brought to the west Lake Forest location to provide
client services including home lending and mortgage services, and wealth
management services. She stated that clients in west Lake Forest will benefit from
the proposed location because people value convenient and personal
interactions. She stated that Chase has a good community partnership with Lake
Forest noting that they have opened up the bank’s parking deck for various
events. She added that Chase is looking for other ways to bolster its relationship
with the community.
Rory Fancler-Splitt stated that she represents Kimley-Horn, the traffic consultant for
the project. She noted that a traffic study was completed in accordance with
industry standards and direction from the City Engineer. She explained that the
study uses conservatively high estimates for the projected traffic that will be
generated by a Chase Bank branch at the proposed location. She stated that the
study concluded that the traffic that will be generated by Chase Bank does not
warrant any modifications to existing roadways or any other traffic mitigating
actions. She stated that Chase Bank will generate fewer trips overall than were
generated by McDonald’s when it was operating on the site. She noted that
during peak traffic times and daytime hours, Chase Bank is projected to generate
about 34% fewer trips than McDonald’s. She noted however that during evening
hours, the branch bank is expected to generate 25% more trips than McDonald’s
did. She stated that mid-day Saturday trips for both the prior and proposed uses
Plan Commission Minutes – September 20, 2017 Meeting Page 5 of 13
are about the same. She stated that based on the projected traffic volumes for
the bank, the bank will meet a frequent and recurring need for residents in the
area. She stated that the bank does not result in peaks in traffic volumes at any
particular time. She noted that peaks in traffic can stress the road network
particularly when they coincide with peak commuter traffic times. She stated that
based on the analysis completed, the proposed bank is not expected to
negatively impact the street network in the area. She added that the bank will
introduce traffic into the area throughout the day bringing in customers to support
other businesses in the area.
Mr. Krissoff closed the petitioner’s presentation by noting that since the last
meeting, the mural that was located inside McDonald’s was relocated to Gorton
Community Center. He said that Chase was asked to reimburse the McDonald’s
franchise owner for the expenses related to the removal, move and reinstallation
of the mural and confirmed that Chase provided funding to cover the expenses.
Ms. Czerniak noted that the Commission heard an introduction of this petition at
the last meeting. She reviewed that banks are permitted in all of the City’s
business zoning districts as special uses. She offered some background noting that
several years ago the City Council amended the Code, which previously
permitted banks outright in all of the business districts, to establish banks as special
uses. She noted that the purpose of the amendment was to assure that any new
banks would lend themselves to adaptive reuse, provide for safe pedestrian
connections and be compatible with the character of the overall business districts.
She noted that the Bank of America on Western Avenue was the first bank
considered under the special use provisions and was designed to be easily
adapted to future use as retail space or a restaurant. She provided background
on the non-retail provisions in the Code that limit the amount of non-retail square
footage in the Central Business District. She noted that the site proposed for Chase
Bank is not governed by any non-retail limitations. She acknowledged that the
City has received input from residents that another bank is not needed in the
community. She noted that other banks are already located in the B-1 zoning
district and pointed out that the mix of uses in the City’s businesses districts has
evolved over time and will continue to do so to respond to changing trends and
market pressures. She reviewed that the Plan Commission’s consideration of the
petition should be based on the criteria in the Code for special uses generally and
on the criteria for special uses in the B-1 District. She stated that the staff report
provides findings in support of the petition subject to conditions that require further
refinement of the site plan and the architectural plans. She added that the staff
report includes a recommendation that the City Council work with the petitioner
to develop a mechanism for Chase Bank to support the overall business district
similar to the support offered as a result of the conversion of the Lovell’s Restaurant
property to a non-retail use. She concluded noting that correspondence received
since the packet was prepared for the Commission was provided to the
Commission at the start of the meeting including letters of support from the owners
of neighboring commercial properties.
Plan Commission Minutes – September 20, 2017 Meeting Page 6 of 13
In response to questions from Commissioner Berg, Ms. Czerniak explained that the
basis for the non-retail rule in the Central Business District was to support the
consolidation of retail businesses in the historic core of the City, to create a synergy
between businesses and to provide a walkable and vital shopping area in which
there is a significant concentration of retail businesses and energy. She
acknowledged that retail sales taxes do not make up a significant portion of the
total revenues received by the City.
Commissioner Berg stated that in his opinion, the non-retail rule that covers the
Market Square area was established to support the humanity aspect of the
business district. He noted that a concentration of retail uses helps to build a
cohesive bond in the community and provides a community gathering space. He
acknowledged that the west Lake Forest business district is challenged by
Waukegan Road running through it but noted that creating a more pedestrian
friendly environment in that area is still important.
In response to questions from Chairman Ley, Mr. Krissoff clarified that the number of
households in the identified target areas extends beyond Lake Forest and more
accurately describes numbers of customers, not just the number of households. He
acknowledged that there is some overlap in the trade areas.
In response to questions from Chairman Ley, Ms. Boyce stated that the east and
west Lake Forest target areas are identified based on geography, traffic patterns
and distance. She added that the character and make-up of the east and west
business districts also differs.
In response to questions from Commissioner Freeman, Ms. Fancler-Splitt confirmed
that traffic counts were taken while the McDonald’s Restaurant was still open. She
confirmed that traffic cutting through the site to Forest Square was also measured.
She stated that traffic counts were taken at other Chase Bank locations, but not at
other banks in the immediate area.
In response to questions from Commissioner Berg, Ms. Czerniak stated that Green
Courte Partners owns Forest Square to the north.
In response to questions from Chairman Ley, Ms. Czerniak stated that approval of
a drive through for the ATM is part of the present request. She confirmed that if in
the future changes are proposed to the configuration or use of the drive through
area, an amendment to the Special Use Permit would likely be required.
In response to questions from Chairman Ley, Ms. Boyce stated that recruiting for
staff for the new bank location will begin three to four months prior to the opening
of the facility. She confirmed that staffing will be in place on day one. She s tated
that staffing levels could be increased beyond what is planned if the demand
warrants additional staff.
Plan Commission Minutes – September 20, 2017 Meeting Page 7 of 13
Hearing no further comments from the Commission, Chairman Ley invited public
comment.
Deb Balfour, 110 Pine Oak Circle noted that it is clear from a local Facebook page
that moms in the community are against Chase Bank opening at the proposed
location. She stated that there will be no community character with only banks
and real estate offices in the area. She noted that one of the presenters stated
that Lake Forest will be a great fit for Chase Bank but questioned whether Chase
Bank will be a great fit for Lake Forest. She stated that building another bank runs
counter to the statistics about branch banks closing. She stated that she has an
account at Chase Bank and has no concerns about driving to east Lake Forest,
Northbrook or Vernon Hills to visit the bank. She stated that the community does
not need another bank noting that Chase is not a true local bank.
Mary O’Donnell, 1184 Lynette Drive, stated agreement with the previous speaker.
She stated that she moved to Lake Forest 17 years ago and the area was different.
She stated that there is no need for a fourth bank given all of the new technology
available. She expressed concern that the west Lake Forest business district is not
valued as much as the Central Business District.
Steve Douglass, 460 Washington Road, stated that he represents the owner of
Forest Square, Green Courte Partners, located to the north of the site. He stated
that he has lived in Lake Forest for 30 years and has seen lots of changes. He
noted that he used to go to Fiore Nursery which was located in this area and at
that time, many of the nearby homes were not yet built. He stated that the whole
area has evolved over the last 20-25 years and is still evolving. He noted that this
area is much younger than east Lake Forest and Market Square and as a result, is
different and has a different character. He stated that Forest Square opened in
2008 as a mixed use development and enjoyed a wonderful relationship with
McDonald’s over the years. He noted that the two developments shared a cross
access easement which benefitted customers of all of the businesses providing
easy flow between the developments. He added that Forest Square and
McDonald’s also mutually benefitted from the retail draw of the other. He stated
that Green Courte Partners regrets the departure of McDonald’s but noted that
the economic reality is that restaurants in the area have struggled to be profitable.
He stated that there may simply be too many restaurants and noted that rising
operating and labor costs make it difficult for restaurants to survive. He noted that
the south end cap at Forest Square has been the location of three different
restaurants in the past eight years. He stated that if there was more demand for
and support of restaurants in west Lake Forest, perhaps Lovell’s would still exist. He
stated that although they are sorry to see McDonald’s leave, they are taking a
positive view that an economically viable business at the location will drive other
business in the area. He noted that there has been a lot of change in retail
business due to on line shopping options. He noted that in Forest Square, each
year, there are fewer and fewer traditional retailers and more service type
Plan Commission Minutes – September 20, 2017 Meeting Page 8 of 13
businesses that also offer retail sales. He stated that fortunately, Lake Forest
residents have embraced the new uses in Forest Square noting that the building is
100 percent leased. He stated that in his opinion, because of the fundamental
change in the economy, the highest and best use of the McDonald’s site is a
service business. He stated his expectation that Chase Bank will be a great
neighbor and will attract new customers to Forest Square and Sunset Corners. He
stated that Chase is unique because it is a National bank. He noted that the
traffic study pointed out that similar Chase Bank branches attract a significant
number of customers from the surrounding community demonstrating that banks
do in fact meet a frequent and repetitive need in the community. He noted that
Chase Bank has demonstrated that the proposed location will fill a void in the
Chase network. He stated that it is his opinion that the proposed bank w ill benefit
nearby retailers and will advance the purpose of the B-1 District. He reiterated that
the highest and best use of the property is for a service business. He stated
confidence that with the guidance of the Building Review Board, the already
strong design of the building will be refined further and will accommodate a future
retail or restaurant use if necessary. He encouraged Chase Bank to retain all of the
existing parking and stated that Green Courte Partners welcomes the opportunity
to open up new pedestrian pathways between the two sites. He applauded
Chase for its commitment to the community and stated that he looks forward to
having the bank as a new neighbor.
Mr. McEssy stated that he has lived in Lake Forest for 37 years. He stated that he
believes the best use of the property is for a McDonald’s restaurant. He stated
that he appeared before the Plan Commission 20 years ago when he was trying to
get approval to locate a McDonald’s on the site as the franchise owner. He
stated that the approval process was difficult and noted that he spent a
significant amount of money on the building and was delayed in his ability to add
the drive thru. He clarified that he never wanted to close the McDonald ’s at this
site despite the fact that he has reduced the number of McDonald’s restaurants
he has from 47 to 23 over the last few years. He stated that he tried to keep the
Lake Forest McDonald’s open. He stated that he has no opinion on whether
Chase Bank should be located on the site. He noted that he and the property
owner had a tentative, verbal agreement on a new lease and the amount of rent
but noted that he does not make the final decision but instead, the McDonald’s
Corporation makes final decisions on store locations and leases. He stated that he
was committed to making the arrangement work even if the store was not
profitable. He noted that it is his understanding that the property owner received
an offer from Chase Bank for twice the amount of rent tentatively agreed to
verbally. He noted that 95% of the McDonald’s locations are owned by the
McDonald’s Corporation, rather than leased. He noted that he put a great deal
of time and effort into the restaurant over the years and wanted to set the record
straight that he wanted to keep the restaurant open. He added that beyond the
matter of rent, the restaurant needs to be remodeled and because of the size of
the building, even if he could break even with the increased rent, he could not
afford to complete the remodel. He stated that at the original rent, he would
Plan Commission Minutes – September 20, 2017 Meeting Page 9 of 13
have loved to keep the restaurant open noting that the restaurant was making
ends meet.
Bill Faulk, resident in Conway Farms, commented that the changes occurring in
west Lake Forest are a tragedy. He stated that he built his house in 1999. He
noted that the presentation by Chase Bank d id not mention the other banks
already located in the area. He stated that he is representing other residents in
Conway Farms noting that the residents love Mr. McEssy and McDonald’s. He
noted that when Lovell’s left the area, they left a hole. He noted that west Lake
Forest has the Tollway, State highways and the trains. He added that the State of
Illinois is depressing. He stated that he understands that Chase Bank does charity
work but noted that a bank at this location is not a good fit. He stated that he
heard that Starbucks would move to the site noting that a high quality Starbucks ,
like the one in the Central Business District, would be a better option than a bank.
He stated that the area needs restaurants. He noted that the former gas station
and Pasquesi Garden Center site is an eyesore. He stated that people will be
upset if the bank is approved.
Ed Pasquesi, 30 Ahwahnee Road, stated that his family owns the Pasquesi Home
and Garden store. He stated that 11 years ago he moved the store from this area
to Lake Bluff because he needed to expand and could not do so because he did
not own the property on which the store was located. He stated that he thought
that his former site on the southeast corner of Waukegan and Everett Roads would
make a great location for a restaurant commenting that he never envisioned that
the site would remain vacant for so long. He stated that as a Lake Forest resident
and a retailer, he would prefer to see a business that would produce some sales
tax for the City on the McDonald’s site. He noted however that the reality is that it
is a very serious competitive environment for stores and restaurants. He
questioned whether a retailer or restaurant could afford to pay the going rate for
the location noting that a bank can afford to enter into a long term lease. He
stated support for Chase Bank at this location noting that they are able to pay
market rate and enter into a long term lease. He noted that many key retail spots
are occupied by banks and noted that this site is no different.
Dan Siebald, 560 Ivy Court, noted that at the last meeting, he was neutral on the
Chase Bank petition. He noted however that Commissioner Freeman made good
points. He noted that at the last meeting, the property owner stated that the new
McDonald’s in Bannockburn was a reason that the McDonald’s Corporation did
not want to renew the lease on the Lake Forest location. He questioned whether
that amounted to franchise encroachment and agreed that the owner should
have brought the issue to the City sooner. He stated that his main concern is that
the bank is not a good use of the property noting that the building is too small with
too much parking proposed. He stated that the property is suitable for a larger
business. He stated that the bank is automobile oriented and asked about the
status of the pedestrian tunnel under the railroad tracks. He noted that the
testimony presented shows that residents want a livable community. He asked the
Plan Commission Minutes – September 20, 2017 Meeting Page 10 of 13
Commission to either deny the petition, or postpone consideration for six months to
allow time to see if other businesses come forward to express interest in the site. He
encouraged the property owner to get feedback from the community on what
they want to see on the site in terms of retail or service businesses.
Jerry Jacks, resident of Conway Road, stated that he has lived in west Lake Forest
for 67 years and is a beneficial owner of the Private Bank building to the south of
the site where Chase Bank is proposed. He noted that he previously owned the
Century 21 offices located on Waukegan Road so he has some tenure in and
knowledge of the area. He noted that it is easy for people to discuss what should
be done with other people’s property. He stated that the property proposed for
Chase Bank is very small and cannot support retail. He stated that as a result of
locating a publicly traded bank on the site, the City will be assured of a long term
use. He noted that McDonald’s, due to the nature of the business, contributed to
litter on the streets. He acknowledged that he does not know why another bank is
needed in the area but stated that if Chase wants to invest in the property and
believes that doing so will serve its customers, he has no objection to the proposed
use. He stated that the area cannot support another restaurant noting that
Lovell’s closed. He noted that banks have less impact on the nei ghborhood than
many other uses noting that there is no night time traffic generated. He noted that
the existing building on the site is in disrepair due to long time deferred
maintenance.
Chairman Ley agreed to allow Mr. McEssy to make further comments.
Mr. McEssy acknowledged that the building needs work and explained that
maintenance was deferred because the 20-year lease was expiring. He stated
that he keeps his stores in good condition and has sold, but never closed, stores.
He stated that if the lease was extended, the store would be remodeled. He
stated that he was offered the Bannockburn store but did not like the location and
wanted a new store in Lake Forest. He stated that the McDonald’s Corporation
knew that a fast food restaurant could not pay the rent on the current site going
forward and as a result, moved forward with the new store in Bannockburn.
In response to questions from Commissioner Berg, Ms. Czerniak confirmed that
Northshore University Healthcare Systems offered to provide ongoing support for
maintenance and enhancement of the streetscape in the vicinity of the former
Lovell’s Restaurant building.
In response to questions from Commissioner Henry, Mr. McEssy stated that the
performance of the Lake Forest store was in the lower quarter of all of this other 47
locations.
In response to questions from Chairman Ley, Ms. Czerniak confirmed that the
conditions of approval could be clarified and enhanced to provide direction to
Plan Commission Minutes – September 20, 2017 Meeting Page 11 of 13
the Building Review Board with respect to considering pedestrian links as part of
the overall site plan and future adaptability of the building for other uses.
Commissioner Berg acknowledged that it is interesting, as pointed out during the
public testimony, to comment about what someone should do with their property.
He observed that the rent on the property right now is elevated based on the
expectation that a Special Use Permit will be granted for a bank on the property.
He stated that he would be more receptive to the petition if the design tried to
work with the property to the north to achieve the look of a south bracket to the
Forest Square development instead of an island building in a parking lot. He noted
that when Forest Square was approved with its distinct clock tower, it established a
character for the area that would not have been achieved if a standard strip mall
was constructed on the site. He encouraged the petitioner to consider a design
that achieves more of an overall composition with the new building as part of the
whole. He stated that this direction could result in a better overall project and
could allow a transition to another use in the future. He stated that there is a
danger in moving the petition forward without the design aspects resolved.
Commissioner Pickus noted that the design aspects of the development fall under
the purview of the Building Review Board.
Commissioner Henry noted that the Commission had the benefit of hearing from
two neighboring property owners who stated that the market is not conducive to
traditional retail. He stated that the McDonald’s at this location was an under
preforming store in part because of the community’s interest in having the building
look different from a standard fast food establishment. He noted that people from
out of the community may not have even recognized the building as a
McDonald’s. He noted that the Commission has heard from other commercial
property owners in the area who are in support of the petition. He stated that as
noted by Mr. Pasquesi, the site on the southeast corner of Waukegan and Everett
Roads has been vacant for 11 years. He encouraged the Commission to focus on
the special use criteria. He noted that Chase Bank is a viable tenant who is willing
to invest $4.5 million into the site. He stated support for the process and working
through the Building Review Board to refine the building and site design.
Commissioner Freeman noted that to Commissioner Pickus’ point, before sending
the petition to the Building Review Board, the Commission needs to evaluate it
against the applicable criteria. He stated that it is absolutely the function of the
Plan Commission to determine whether the building can be adapted to other uses
and whether adequate pedestrian links and connectivity to off site points are
provided as part of the development. He stated that as presented, he does not
believe that the building can be seen as anything but a bank. He noted that the
Bank of America building in the Central Business District could easily be adapted
for retail or restaurant use. He stated that the Plan Commission should do more
than just simply hand the project off to the Building Review Board. He stated that
the Commission needs to determine whether the project as presented meets the
Plan Commission Minutes – September 20, 2017 Meeting Page 12 of 13
applicable criteria. He noted that the Commission specifically asked for
information on the traffic patterns at existing banks in the area and that
information was not provided. He noted that instead, traffic counts from other
hand-selected Chase Banks were provided and in some cases, those banks may
not be surrounded by other banks. He stated that the Courts have never looked
at whether a City can consider whether there is an over-abundance of a
particular use. He stated that the community has taken great care in thoughtful
land use planning and evidence of community need has been part of that
discussion. He noted that traffic counts could be evidence of community need.
He stated that in his opinion, not all of the criteria are met. He stated that he was
pleased that Mr. McEssy spoke to set the record straight and pleased that
members of the public appeared to talk about what the community has lost. He
stated that he lives in this area and stated that he does not want to see an empty
office building. He stated that the community needs to han g on to retail uses. He
acknowledged that retail is struggling but noted that banks are also closing. He
stated that the Commission is obligated to engage in conscientious planning. He
noted that the City was thoughtful in the planning of this area and property
owners benefitted and should not expect special consideration.
Commissioner Henry noted that the McDonald’s went through the same type of
review process and as a result, it was built in a way that may not have supported
its ultimate success.
Commissioner Berg noted that this is an opportunity to not just put up another
object building, but to think of the big picture. He encouraged the Commission to
not just look at the proposed tenant, but to look at the overall environment. He
stated that it is appropriate for the Commission to try to improve upon what is
presented.
In response to questions from Chairman Ley, Ms. Czerniak confirmed that the
petition could be continued with direction to the Building Review Board on
particular design aspects that relate to the Special Use Permit criteria. She noted
that in the past, review by the Building Review Board, prior to final action by the
Commission, has proven to be beneficial.
Commissioner Henry noted that additional information about the parking delta
between McDonald’s and the bank would be helpful.
Commissioner Pickus noted that the traffic counts provided document that
parking requirements for the bank will be less than those required for McDonald’s.
Commissioner Freeman stated that it is his belief that existing banks in the area do
not generate much traffic. He stated that his request for information on the traffic
generated by other banks in the area is intended to help the Commission
understand the true levels of traffic that might be generated by Chase Bank in
Plan Commission Minutes – September 20, 2017 Meeting Page 13 of 13
comparison to the traffic generated by McDonald’s. He noted that he is
interested in the traffic study and how that relates to evidence of need.
Commissioner Ruggles stated that if the matter is going to be continued to allow
for Building Review Board consideration, it would be helpful to the petitioner to
have an understanding of where the Commission stands on the overall project.
She stated that based on the Commission’s discussion; adaptability of the building
for different uses, the design of the building and pedestrian connections appear to
be the open items.
Commissioner Freeman added that information on the traffic volumes of other
banks in the area is also needed to help address the question of whether another
bank meets a need for a frequent and recurring use. He noted that the purpose
of the B-1 District is to meet frequent and repetitive needs of the neighboring
community. He acknowledged that need is not the single consideration but
noted that it is a criteria that should be considered. He noted that the Commission
also must consider whether the proposed use causes harm to the community,
whether it is consistent with the character of the business district and whether it
benefits the community and serves the purpose of the B-1 District.
Hearing no further requests to speak, Chairman Ley invited a motion.
Commissioner Pickus made a motion to continue consideration of the petition and
hold the public hearing open on the following aspects of the project as requested
by various Commissioners: adaptability of the building for a future use, the design
of the building as it relates to the larger context of the area, the adequacy of
pedestrian connections, information on traffic generated by other banks in the
area and the question of need in relation to the other uses in the B-1 District.
The motion was seconded by Commissioner Henry and was approved by the
Commission by a vote of 6 to 0.
5. Additional public comment on non-agenda items
There was no testimony was presented on non-agenda items.
6. Additional information from staff.
There was no additional information presented by staff.
The meeting was adjourned at 8:22 p.m.
Respectfully submitted,
Catherine Czerniak
Director of Community Development