PLAN COMMISSION 2017/11/08 MinutesThe City of Lake Forest
Plan Commission
Proceedings of the November 8, 2017 Meeting
A meeting of the Lake Forest Plan Commission was held on Wednesday, November 8,
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 Rosemary Kehr
Commissioners absent: Commissioners: Guy Berg
Staff present: Catherine Czerniak, Director of Community Development
1. Introduction of Commissioners and staff and review of meeting procedures.
Chairman Ley introduced the members of the Commission and staff and reviewed
the meeting procedures followed by the Commission.
2. Consideration of the minutes of the August 9, 2017 and September 20, 2017
meetings.
The minutes of the August 9, 2017 and September 20, 2017 meetings were approved
as submitted.
3. Continued consideration of a request for approval of a Special Use Permit for a
car wash, gas station and convenience store on the southeast corner of Everett
and Waukegan Roads.
Property Owner: IP Properties Lake Forest, LLC (Robert D. Stuart, Jr.1996
Declaration of Trust and Alexander D. Stuart, Manager)
Applicant: Waterway Gas and Wash Company (Henry Dubinsky, Officer and
Director)
Representatives: Michael Goldman, Waterway V.P./General Counsel and Nick
Patera, Teska Associates
Chairman Ley asked the Commission for any conflicts of interest or Ex Parte
contacts. Hearing none, he noted that the Commission received a significant
amount of correspondence on this matter prior to the meeting and has reviewed
all of it. He invited a presentation from the petitioner and swore in all those
intending to speak.
Mr. Goldman thanked the Commission for continuing its consideration of the
Waterway petition. He introduced the members of the Waterway team , the
property owner and the consultants who were brought in to respond to the
questions and concerns raised to date. He stated Waterway’s intent to develop
the site in a responsible manner. He reviewed the key changes made since the
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last meeting. He noted that a 10’ solid wood fence is now planned along the east
and south property lines. He stated that the car wash tunnel was elongated which
allows the blowers to be recessed into the building 25’, locating them away from
the exit door. He added that the blowers will be located in a sound deadening
chamber. He stated that high speed doors are planned at the entrance and exit
to the tunnel. He stated that the trash area was moved away from the east
property line. He stated that Waterway has agreed to install laminated windows in
the adjacent office building given its location near the exit from the car wash
tunnel. He stated that if warranted by sound levels, laminated windows will also be
offered to the Church, for the Rectory. He noted that LED lights are planned with
fixtures that shield light and direct it down, rather than outward. He noted that
both car washes and gas stations are contemplated in the B-1 District as special
uses. He noted that traffic studies were completed leading to a reduction in the
number of curb cuts that will provide access to the property. He stated that the
development as proposed will only have one full access point. He pointed out
that in response to concerns raised about the number of cars that may exit the site
on to Everett Road, a by-pass lane was added, on the site, to the north of the
finishing stations. He stated that environmentally friendly soaps and detergents will
be used at the car wash and noted that the pipes and tanks for the fuel will be
double walled and are computer monitored to detect any problems quickly. He
stated that Waterway is committed to this site and to the community. He stated
that Waterway meets the highest standards and has distinguished itself as the best
of the best in the business. He stated that Waterway wants to be in Lake Forest
because Lake Forest is also the best of the best. He stated that throughout the
process, Waterway has listened and responded with an improved plan.
Mr. Patera stated that the Waterway team listened to the concerns raised at the
last two meetings and the revised plans reflect responses to those concerns. He
presented a context map noting that the Settler’s Square business district is an
auto oriented district and described the proposed Waterway location in relation to
the other businesses. He noted the location of the Villas to the south and the Lake
Forest Chateau residential development and the office building to the east. He
pointed out the relocated trash enclosure noting that it was moved away from the
east property line and is now proposed more central to the site to keep activity
related to recycling and trash pickup away from the property line. He explained
that the building was elongated to the south to allow the blower to be recessed
into the building. He explained that vacation of a ComEd easement was
necessary in order to extend the building adding that working with ComEd took
some time. He explained that the elongated building provides a greater
opportunity to buffer the sound. He reviewed the landscape plan noting the
intent to enhance the Waukegan Road streetscape and to offer enhanced
plantings on the residential properties to the south and east. He stated that the
height of the fence along the south and east property lines was increased to ten
feet and explained that the fence will be solid wood, with no gaps and masonry
piers. He presented a rendering of the site acknowledging that the design aspects
of the project will be reviewed by the Building Review Board. He reviewed the
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stormwater drainage pattern on the site noting that additional storm inlets will be
installed to adequately handle drainage from the site. He reviewed a cross
section of the transition between the development site and the Lake Forest
Chateau residential development noting the fence, existing landscaping and
proposed landscaping. He noted that rapid closing doors are planned at both
the entrance and exit to the car wash tunnel and explained that the doors are
heavy fabric and are designed to mitigate sound. He stated that the door will
close between cars about two-thirds of the time noting that at peak business
times, it will not be possible to close the doors between each car. He explained
that the blower is now located in an internal room, a sound deadening chamber.
He noted that beyond the blowers, there will be a second room, a sound
attenuation room. He explained that these enhancements were made possible
by the extension of the building by 25 feet. He reviewed lighting diagrams noting
that light will be directed downward, on to the site adding that measures will be
taken to avoid spillover light on to neighboring residential properties. He noted
that lighting will be recessed into the underside of the fuel canopy. He stated that
after closing, the lights on the site will be turned off with the exception of security
lighting. He noted that sound studies were completed and noise impacts from the
car wash were measured against current noise levels in the area and the State of
Illinois’ baseline for noise levels in residential areas He reviewed the decibel levels
in the surrounding areas with and without the car wash and at different times of
day. He noted that additional noise measurements were taken as directed by the
City’s acoustical engineer, in the evening, when people are more likely to be in
their homes and when ambient noise is likely to be lower. He noted that in the
evening hours, six to eight p.m., the number of car washes declines significantly to
about six cars per hour or less. He presented a chart identifying the decibel levels
of commonly heard sounds. He explained that sound levels are averaged over an
hour. He presented images of the property over the decades noting that the site
has historically been a service and gas station and more recently, a portion of the
site was Pasquesi’s Garden Store.
Ms. Czerniak reviewed that the proposed development is before the Commission
because car washes and gas stations are permitted in the B-1 District as special
uses. She stated that the Board first heard an introduction to this petition in
October, 2015 and continued the hearing in March, 2017. She stated that the
petition is now before the Board for action. She noted that both a traffic engineer
and an acoustical engineer were brought in to assist City staff in reviewing and
making recommendations on this petition. She introduced the consultants noting
that they have reviewed the studies submitted by the petitioners.
Bill Grieve, Senior Traffic Engineer, Gewalt-Hamilton, stated that Gewalt-Hamilton
has been involved in the review of the traffic, access and circulation for the
proposed development throughout the process. He stated that they reviewed the
traffic studies prepared by KLOA and concur with the number of trips forecasted
to be generated by the proposed use, where the vehicles would come from and
the forecasted impact on the intersections. He noted that the City is currently
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pursuing improvements at the Waukegan and Everett Roads intersection which
are intended to help reduce congestion at the intersection particularly when the
gates are down at the railroad crossing. He noted that the KLOA studies
considered the operation of the intersection with and without the proposed
improvements and overall, conducted a thorough traffic analysis. He noted
however that IDOT is not yet prepared to issue a permit for the project. He noted
that he contacted IDOT and learned that consideration will be given to whether a
left turn lane on Waukegan Road is needed to facilitate safe turning movements
into the site. He noted that Waterway will need to demonstrate how a turn lane
can be accommodated on Waukegan Road if determined to be necessary by
IDOT. He noted that the KLOA study assumes that cars will turn left into the car
wash from the through lane because there is not currently a left turn lane at that
location. He stated continued concern about the on-site circulation noting that
vehicles need to pass by various uses on the site as opposed to at the Northbrook
site where cars are directed either to the car wash or the gas station which is
possible because that site is larger. He noted that the Northbrook site is well run.
He stated that the next step with respect to traffic will be to submit the final
engineering plans to IDOT to allow a determination of whether a protected left
turn lane will be required.
Tom Thunder, the City’s acoustical consultant, pointed out that to the City’s credit,
the Council Chamber is equipped with a hearing loop to aid those who have
difficulty hearing. He stated that he was brought in by the City to mediate and
provide advice on the Waterway project. He noted that the top acoustical
engineers in Illinois are involved in this project. He noted that Brian Homans, Shiner
Associates, works for the petitioner. He stated that Shiner is a reputable firm
adding that Mr. Homans does good quality noise control engineering. He stated
that he is pleased to see him involved in the project. He noted that Paul Schomer,
a great researcher, is the consultant brought in by the residents. He noted that Mr.
Schomer has an excellent reputation, knows acoustics well and has authored
papers on the subject. He stated that he is somewhere in between the two. He
stated that he has had an opportunity to meet with the Waterway team and Mr.
Homans adding that it is a pleasure to be involved in the early discussions of the
proposed development. He commended the Plan Commission and residents for
raising concerns about noise at this point in the process noting that these issues are
best handled in the early stages of design of the project. He noted that in other
instances, projects are built first and then efforts are undertaken to address issues
after the fact. He stated that Paul Schomer studied the noise levels at the
Northbrook site and provided detailed information. He noted that the Northbrook
site is different from what is proposed in Lake Forest. He stated that he visited the
Northbrook site and found that there is virtually no noise control at that site
because the same questions being asked in this process were not raised during the
review of the Northbrook project. He stated that in comparison, the proposed
project implements several mitigation measures. He noted that the study
conducted by Mr. Homans measured ambient sound at good times, times that are
representative of when residents are home. He stated that noise issues are related
Plan Commission Minutes – November 8, 2017 Meeting Page 5 of 26
to expectations more than dBa numbers and that perceptions about noise are
based on ambient noise levels. He stated that the impacts are dependent on
where the car wash is built noting that car washes in an urban environment are
not likely to create a perceived noise impact while a car wash in a rural area
could cause a problem. He stated that it is important to understand the ambient
noise levels by taking measurement at appropriate locations and times. He stated
that Mr. Homans did that and found that as expected, ambient noise levels are
lower in the evening than during the day. He stated that real data on noise levels
generated by the car wash were used based on the Northbrook site. He stated
that the computer programs used by Mr. Homans in the study meet accepted
standards for predictions and are widely used. He noted that the table included in
Mr. Homan’s report reflects only minor increases in noise levels in the surrounding
area because the area is next to a busy highway and railroad tracks. He stated
that a baseline ambient noise level was established for the area. He noted that
aside from the numbers and complexity of sound levels, one aspect is important,
how audible is this car wash going to be, in this area, and what is the frequency of
the number of washes. He discussed the “dose concept” explaining that he grew
up in Park Ridge, near O’Hare Airport. He stated that one or two airplanes in an
hour do not have create a significant impact although they may cause a slight
disruption. He noted however, the reality is that planes are flying over the nearby
residential every three minutes explaining that although the level of noise is the
same, the frequency creates the impact. He noted that on average, the
proposed development is projected to have about 25 car washes per hour
however, during the times that the ambient noise level is lower, 7 to 8 p.m., the
number of washes drops to an average of five cars per hour, reducing the
perception of impact. He noted that in addition to sound level, the character of
the sound is important to consider. He noted that noise with an adverse
character; hammering, a bass sound or a droning/humming sound can create an
annoyance. He noted that in Mr. Homan’s report, there was a report of a
humming sound from the Northbrook site however, to his knowledge, a frequency
analysis to identify the tone and whether it is discernable in the ambient noise, was
not completed. He noted that l imits on noise with an adverse character are more
restrictive. He stated however that the design proposed by the petitioner includes
several noise mitigation measures: a sound attenuation area and a 10-foot fence
solid wood fence, which together will reduce the overall noise, period. He
recommended that a post construction study be conducted to determine the
hourly time average noise level. He explained that it is possible to take the noise
generated by the car wash out of the measurement with an audio recording. He
stated that the process would involve recording the sound level for several hours,
determining the average dB level for each hour, and then extracting the time that
the blower is on to determine the ambient noise level. He stated that if the noise
levels with the car wash do not exceed the ambient levels by a significant
amount, then the City could be comfortable that there is no problem. He stated
that a 1 or 2 dB difference would be acceptable noting that those numbers are
commonly used as a margin of error.
Plan Commission Minutes – November 8, 2017 Meeting Page 6 of 26
In response to a question from Chairman Ley, Ms. Czerniak reviewed that the Plan
Commission’s recommendation, whatever it is, will be forwarded to the City
Council for consideration.
In response to questions from Commissioner Henry, Mr. Goldman confirmed that no
part of the facility will be open 24-hours a day. He stated that the gas pumps will
turn off when the store closes and at no time will the pumps be operational when
there is no staff on the site.
In response to questions from Commissioner Kehr, Mr. Grieve stated that KLOA
issued an addendum to the earlier traffic studies noting that the most recent traffic
counts reflected a significant reduction in traffic volumes in the evening and on
the weekend. He noted that some fluctuation in traffic is expected but the
reduction found was significant. He noted however that the conclusions in the
study were based on the higher counts.
In response to questions from Commissioner Kehr, Ms. Czerniak noted that the
construction on Old Elm got underway in June, right after the school year ended.
In response to questions from Commissioner Kehr, Mr. Homans explained that
people respond to the average sound. He stated that sound averaging is a widely
accepted method of evaluating noise impacts.
In response to questions from Commissioner Kehr, Mr. Thunder explained that the
average is weighted and as a result, penalizes higher occurrences of noise. He
noted that there is some concern that a burst or two could throw off an average,
but noted that the City can deal with that possibility by limiting the blowers to a
specific dB. He stated that he would have concerns if facility was open after 10
p.m. because a burst during those hours could cause sleep issues.
In response to questions from Commissioner Kehr, Mr. Homans confirmed that
sound level measurements were taken at the gas pumps and at the finishing
stations at the Northbrook site. He stated that the readings in these areas were
found to be comparable or less than the ambient noise in the area.
In response to questions from Commissioner Kehr, Mr. Goldman stated that four
gas pumps are proposed, each with service from two sides.
In response to questions from Commissioner Kehr, Mr. Thunder stated that the gas
pumps are not a concern from a noise perspective, but noted that the vacuums
at the finishing stations could be a concern depending on the measures taken to
mitigation noise from the related mechanical equipment. He stated that in
comparison to the blowers, the vacuum operations are not a concern. He stated
that with respect to the car wash itself causing a distraction for drivers, he is not
able to speak to that issue on a factual basis.
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In response to questions from Commissioner Kehr, Mr. Patera noted that there is no
noise component to the gas pumps. He stated that the pumps are quiet and are
of high quality to expedite the customer experience and avoid cars stacking while
waiting for pumps. He stated that the mechanical equipment for the vacuums is
buried within the building.
In response to questions from Chairman Ley, Mr. Homan stated that his recollection
is that the ambient noise level in the area is 5 to 8 dBs higher during the day than in
the evening.
Chairman Ley questioned whether the data is deficient because it does not reflect
the peak events.
In response to questions from Chairman Ley, Mr. Thunder stated that the acoustical
report and measurements reflect the accepted practice, used world-wide, of
determining the hourly sound level average. He noted that there are times when
sound levels can get exceedingly high such as when a train passes which could
increase the noise level by around15 dBs and wake someone up. He noted that if
the car wash was proposed as a night time use, individual peak events could be a
concern. He pointed out that peak noise levels can result from motorcycles or
from vehicles gunning engines at the traffic light. He stated that given the nature
of the area, there are likely fairly high peaks from time to time.
In response to questions from Chairman Ley, Mr. Homan stated that he has not
had the opportunity to take sound measurements at a car wash with similar
mitigating features because no car wash has been constructed with the extensive
mitigation that is planned at this site. He confirmed that the sound levels are
based on sophisticated computer modeling and field verification. He stated
confidence that the numbers accurately predict the sound levels.
In response to questions from Commissioner Freeman, Mr. Homan stated that the
high speed doors will be closed at least two-thirds of the time that the blowers are
on. He stated that the blowers generate less noise than the ambient noise level in
the area. He stated that the high speed door attenuates the sound from the
blowers by about eight dBs based on measurements taken at the Northbrook
facility. He stated that to be conservative, the noise projections did not assume
that the doors will be closed at all times when the blowers are operating. He
confirmed that the blowers do not make the train any louder, and the trains do not
make the blowers any louder. He stated that at the extreme, the blowers will
contribute one to two dBs to the existing noise in the area. He stated that at no
time will the blowers exceed two dBs above the ambient noise.
In response to questions from Commissioner Freeman, Mr. Patera confirmed that
lights will be recessed into the canopy above the fuel islands. He stated that lights
will be mounted on poles around the perimeter of the site and will extend above
the ten foot fence. He stated that the light fixtures will be equipped with drop
Plan Commission Minutes – November 8, 2017 Meeting Page 8 of 26
down shields to prevent light spillover on to neighboring properties. He confirmed
that all lights on the site will be aimed down to the pavement noting that the ten
foot fence and perimeter landscaping will help to mitigate light impacts to areas
off of the property. He stated that the glow from the lights will be noticeable, but
the source of the light will not be visible from off of the site.
In response to questions from Commissioner Freeman, Mr. Goldman stated that the
doors will be closed more than two-thirds of the time that the blowers are
operating. He stated however at the busiest times, there will be periods when the
doors will not be able to be closed between each car. He stated that a reduction
in evening hours to 7:30 p.m. could be workable. He noted that although the
number of car washes that occur during the evening hours is low, to those
customers who want a wash at that time, the early evening hours are important.
Chairman Ley noted that on January 21, 2017, he stood outside the Northbrook
site and the bl owers were operating steady for the 30 minutes he stood there.
In response to questions from Chairman Ley, Mr. Goldman acknowledged that the
high speed doors will not be closed between every car during the busiest times.
He noted that the Northbrook site does not have a high speed door at the exit of
the car wash tunnel. He stated that the doors will be closed most of the time but
stated that he does not want to promise something that he cannot deliver. He
stated that high speed doors have been in use for a long time however, the
quality and functionality of the doors continues to improve. He stated that if the
doors are out of commission, there are technical people in every market who will
be called in to make repairs within a short period of time, or a replacement will be
installed within a day or two.
In response to questions from Commissioner Pickus, Ms. Czerniak stated that the
proposed south entrance to the site, on Waukegan Road, is generally in the same
location as the access for the development that was previously approved for the
site. She stated that based on her recollection, IDOT required striping for a short,
protected left turn lane on southbound Waukegan Road to facilitate access to the
site.
In response to questions from Commissioner Ruggles, Mr. Goldman explained that
the length of the tunnel as proposed is longer than the tunnel at the Northbrook
site. He stated that the mitigation measures proposed at this site, recessing the
blowers into the tunnel and adding a sound barrier chamber between the tunnel
and the exit door, have not been implemented at other sites.
Hearing no further questions from the Commission, Chairman Ley invited public
testimony.
Kent Carson, 1180 Lynette Drive, stated that he has owned property in Lake Forest
since 1985 and raised his children here. He stated that he is proud of the
Plan Commission Minutes – November 8, 2017 Meeting Page 9 of 26
community and hopes that the community will continue to offer his daughter and
her family the same safe and wonderful experience that he has had. He stated
opposition to the car wash, gas station and convenience store. He stated that his
opposition is based on 36 years in the petroleum industry. He noted that he
witnessed a petroleum spill, explosion and fire that killed and injured many people
and damaged over 50 homes. He stated that dealing with flammable materials
cannot be taken lightly. He noted that a normal fueling station has up to 50,000
gallons of fuel on site and despite sophisticated monitoring equipment, human
error can cause accidents. He referenced a recent incident in Westmont and
Willowbrook at a Speedway station and encouraged the Commission to view
footage of the situation and to look into the required remediation process. He
noted that if a c atastrophic incident occurs, it is better to have a vendor with
deep pockets such as Exxon Mobil or BP to handle the situation. He noted that
independents such as Waterway would declare bankruptcy and walk away from
an incident leaving the City and residents to deal with the aftermath. He added
that with the coming obsolescence of the combustion engine, the revenue stream
for gas stations will be lost. He stated that it is not believable that a viable business
would enter into a long term lease beyond the 20 year standard in the industry.
He stated that it is likely that the City will again be faced with a vacant lot in a
short time.
Gary Spahn, 1111 S. Waukegan #5, stated that he is a 30 year resident of Lake
Forest and raised his family here. He noted that the Lake Forest Code prohibits any
and all sources, conditions and situations that cause danger, trouble or
inconvenience, or are detrimental to the public health, safety or welfare. He
noted that the Special Use criteria cite similar prohibitions noting that the
prohibitions are a clear expression of legislative intent. He stated that the Rectory,
the office building, the Lake Forest Chateau development and the Villas will all be
impacted by industrial scale whining from the car wash which, together with the
current annoyance of the trains, will raise noise levels in the area to the breaking
point, creating a nuisance and diminishing the quality of life for the residents. He
stated that the Special Use Permit should not be granted.
Father Dempsey, St Patrick’s Church, stated that he recently moved to the area
and is representing the Church, his house, as well as his parishioners. He noted that
not only does he live across from the site, but funerals and weddings are regularly
held in the small Church. He stated that well researched information has been
presented however, the quality of life cannot be reduced to quantifiable numbers.
He stated that it does no good to talk about noise levels during the day as
opposed to those in the evening because the area is already noisy noting that his
house rattles when trains go by. He stated that he and his neighbors are not
interested in any entities that add noise to the area. He stated that averaging out
the noise levels does not matter. He stated that what matters is the total
experience, the aesthetics of living in the area. He noted that in the past, the site
was the location of a small gas station and a garden store and now a large gas
station and car wash are proposed. He stated that until recently, he lived in
Plan Commission Minutes – November 8, 2017 Meeting Page 10 of 26
Northfield and drove by the Northbrook Waterway site many times. He stated that
the site is a big operation, bright and loud. He stated that no matter which
direction the lights are pointed, the area will be illuminated and noisy. He stated
that along with his parishioners, he does not want any more light or noise in the
area and is opposed to the car wash.
Casey Shuff, 1148 Lynette Drive, stated that she is a 36 year resident of Lake Forest
and lives south of the proposed project, to the south of the Villas. She noted that
the Rectory will be impacted by headlights from cars exiting on to Everett Road on
a continuous basis. She stated that light pollution is disturbing to the impacted
residents. She noted that at the Northbrook site, the lights are tall and offensive
and shine into the neighboring homes. She questioned what types of lights are
proposed at this site. She stated that it appears that there will be bright lighting at
the top of the fuel canopy that will disturb the welfare and quality of life of the
neighboring residents. She stated that industrial lighting disqualifies the car wash
from obtaining a Special Use Permit. She stated that the air pollution resulting from
the proposed use has not been addressed. She noted that the steady flow of cars
idling on the site will raise air pollution to dangerous levels causing health hazards.
She noted that the City’s Sustainability Plan supports the reduction of pollution and
questioned how the City can approve a plan that is contrary to its own goals. She
stated that the use of toxic materials and industrial waste is not addressed in the
petition and should further disqualify Waterway from obtaining a Special Use
Permit.
David Kaz, 1045 Mar Lane Drive, stated that he has lived in the area for three
years. He stated that Waterway’s untrustworthiness should be considered. He
stated that in Northbrook, Waterway promised to conform to permissible noise
standards. He noted that Professor Schomer found that sound levels at two homes
in the area exceeded the lawful limits. He stated that Waterway did not remedy
the situation. He noted that one neighbor of the Northbrook site sought help from
Police and noted that he has a copy of the police report. He stated that although
much has been made of the benefits of doors at the entrance and exit to the car
wash tunnel; in Northbrook, the door was left open. He added that employees of
the car wash are exposed to harmful noise levels. He stated that a wooden fence,
regardless of the height, will not suppress noise or protect against fire. He stated
that a wood fence could be damaged by a vehicle or the wind. He stated that
Waterway has a history of flagrantly violating the laws of a neighboring
municipality.
Jill Kaz, 1045 Mar Lane Drive, stated that she has petitions signed by 500 residents
from all over Lake Forest. She noted that 140 of the petitions were signed by
parishioners of St. Patrick’s Church. She noted that the proposed Waterway
development fails to conform to Lake Forest standards. She noted that the Lake
Forest Integrity Caucus engaged independent experts to investigate and verify
sound, traffic and the impacts on real estate values. She cited the qualifications of
the experts hired by the residents noting that the consultants concluded that on so
Plan Commission Minutes – November 8, 2017 Meeting Page 11 of 26
many levels, the proposed Waterway development is an impermissible, non-
conforming use of the subject parcel.
Jim Monroe, 1030 Mar Lane Drive, noted that because the outcome of this
decision has far reaching and lasting implications for the area, the facts must be
considered fairly. He stated that this decision will be a defining moment for the
Commission and the City. He referenced a recent discussion in another
community relating to a tavern and guns noting that it was a bad idea as is the
current proposal before the Commission. He stated that the proposed use, next to
a Church and residential areas, is a bad idea because of traffic problems. He
noted that various opinions were offered by various experts and questioned which
experts are right. He commented that residents throughout the City recently
offered input into the development of the City’s Strategic Plan for 2017 – 2021 and
identified management of traffic flows and transportation related infrastructure as
very important over the near term. He noted that those issues received a higher
level of feedback than any other single issue. He added that the City’s
Sustainability Plan cites a 2015 study which ranks the Chicago area as having the
third worst travel delays in the Country, faring better than only New York and L.A.
He noted that the authors of the City’s Sustainability Plan notes that the City
experiences its own congestion particularly during weekend mornings and
afternoons when school is in session. He noted that a goal of the plan is to reduce
traffic congestion. He noted that the last time a car wash was proposed at this
location, back in 1990 and 1991, it was not approved adding that at that time, the
population of the City was less than it is today. He noted that the statistics bear
out the likelihood of more traffic as a result of the proposed car wash, near an
already dangerous intersection, a railroad crossing and in the immediate vicinity of
a church, train station, fire station and school. He stated that it is unconscionable
to permit another addition at an already dangerous intersection. He referenced
the traffic concerns detailed by the traffic consultant hired by the Lake Forest
Integrity Caucus which are attached to the brief submitted by Mr. Sugar as
Appendix 2. He noted that there are limited gaps in traffic on Waukegan Road to
accommodate turning movements into the Waterway site. He noted that there
will be dangerous face offs when cars attempt to access Everett Road from the
Waterway site at the same time cars are exiting from the Church parking lot right
across the street. He noted that by KLOA’s own admission, traffic stacking at the
intersection during rush hour is already at undesirable levels. He noted that
additional traffic generated by the proposed use will add to the misery in the area
and no solution is offered to mitigate the problems. He noted that after the closing
of the former gas station and Pasquesi store on the site, the rate of vehicle
collisions leveled off. He noted however that in recent years, the rate of collisions
has once again increased and will rise further as a result of the proposed use. He
noted that the City recognized the dangers and requested grant funding to
reduce congestion at the intersection. He noted however that no remediation has
occurred. He stated that the suggestion that IDOT will address the situation at
some later time is not acceptable. He stated that if the proposed Waterway
business opens at this site, the collision rate will increase above what exists today.
Plan Commission Minutes – November 8, 2017 Meeting Page 12 of 26
He noted that Mayor Lansing stated that maintaining public safety is a priority. He
noted that the proposed Waterway business is not consistent with the City’s
Strategic or Sustainability Plans.
Richard Sugar, 1059 Mar Lane Drive, stated that the Waterway project does not
meet the requirements for a Special Use Permit to allow a drive through facility
because it creates safety issues for pedestrians and vehicles and adds congestion
at an accident prone intersection. He stated that conditions at the intersection
will get worse due to the opening of Mariano’s, Northwestern Lake Forest Hospital
and the proposed Amtrak stop. He noted that the proposed development
attempts to squeeze a two and a half acre operation on to a one and a half acre
site which will result in confusion, driving errors, traffic violations and will
substantially impair property values. He added that the proposed use will interfere
with use and enjoyment of the neighboring residential properties, the Church
property and will impact the medical office building to the east of the site. He
noted that the office building will be 20 feet from the exit from the car wash and
will disturb patients who are already sick or injured. He stated that the proposed
car wash will drive the medical office out of the building and will impact the
Church. He noted that the applicable criteria require the petitioner to
demonstrate that ingress and egress will minimize traffic congestion and quite to
the contrary, the proposed use will cause even more congestion in the area. He
stated that the B-1 district is intended for businesses that meet the needs of nearby
residents. He noted that there are 18 gas stations and 22 car washes in proximity
to the area noting that Waterway is not needed at this location. He stated that he
and the other neighbors are not opposed to light commercial in the B-1 district,
uses such as housing, retail stores, restaurants, a science museum or medical
offices. He stated that the proposed Waterway Car Wash fails to meet the special
use criteria on many levels and should be denied.
Janice Sugar, 1059, Mar Lane Drive, noted that her husband has been preaching
the dangers of the Waukegan and Everett intersection and on June 22, 2017, he
was hit at the intersection by a hurried driver, and thrown to the ground. She
stated that the car never slowed down. She stated that her husband went to
Urgent Care and did not go to work. She stated that danger already exists at the
intersection and more pedestrians will be injured if Waterway is located on the site.
The Commission took a brief recess.
Mary Ann Redding, 1541 Kathryn Lane, stated that she is a Caucus member and a
resident of the Evergreen Subdivision. She noted that there are 60 homes in the
Evergreen Subdivision averaging upwards of a million dollars. She noted that
alterations to homes must be approved by the Homeowners’ Association (HOA) so
that something built in the neighborhood does not stick out like a sore thumb or is
unappealing. She stated that the goal of the HOA is to enhance the beauty of
what already exists. She stated that the Plan Commission is on the front lines and is
a steward of Lake Forest. She noted that the goals in the City’s Strategic Plan and
Plan Commission Minutes – November 8, 2017 Meeting Page 13 of 26
Sustainability Plan do not support an industrial scale, old school car wash. She
stated that it is important that the core values of the City are adhered to so that
the community remains desirable and welcoming to residents. She stated the
community goals state that the City should continue efforts to enhance the
community with unique businesses, restaurants and retail stores to build a sense of
community. She stated that those goals are not met by Waterway. She noted
that Lake Forest experiences severe traffic congestion. She stated that the City’s
goal is to reduce traffic congestion and commented that permitting a car wash,
gas station and convenience store contradict the goals in the Sustainability Plan.
She added that self-driving cars doom the future viability of Waterway because
gas stations and car washes will go the way of the horse and buggy. She asked
the Plan Commission to consider whether Waterway is the best use for an
important corner in Lake Forest. She questioned whether a car wash is in keeping
with the aesthetic integrity of the area.
Mary O’Donnnell, 1184 Lynette Lane, noted concern about the potential for water
run off on to Mar Lane and the Church parking lot. She stated concern about
increased traffic at the intersection noting that frustrated drivers will drive through
the Lake Forest Chateau neighborhood to get to Waukegan Road. She noted
that the roads in Lake Forest Chateau are narrow and not built to accommodate
higher traffic flows adding that the streets curve, there are no street lights and
residents in the area walk in the streets. She stated that as a result of increased
congestion, drivers will pull into the St Patrick’s Church parking lot to make a u-turn
dangerously interfering with traffic at St. Mary’s school. She stated that Waterway
seriously fails the Special Use Permit criteria.
Joe Passalino, 631 W. Everett Road, stated that he lives half a mile to the east of
the property proposed for Waterway Car Wash. He noted that the noise levels at
the Northbrook site, as noted by Professor Schomer, should be carefully considered
along with the fact that the tunnel door at the Northbrook site was never shut
during the time of the on-site monitoring. He stated that the sound mitigating
ability of the door is theoretical because the effectiveness of the doors has never
been tested. He stated that he goes through the intersection every day and
heads north to work. He stated that he is a developer and is not opposed to
development but stated that the Waterway proposal is a high risk, low reward
situation for the City. He noted that testimony was already presented about the
potential need for this type of business going away in the future. He stated that
property values will be affected noting that units in the area are difficult to sell
already and the proposed development will make sales of the remaining lots in
the Lake Forest Chateau development tougher. He stated that the Lake Forest
Chateau development was done by his father and stated that he is responsible for
building out the remaining properties. He noted that testimony from Msgr.
Dempsey noted that any expert can speak, but it is necessary to use common
sense. He noted that to his knowledge, the impacts on the Kendler building have
not been addressed. He stated that the building will be 20 feet away from the exit
from the car wash and will be impacted by noise. He noted that in Northbrook,
Plan Commission Minutes – November 8, 2017 Meeting Page 14 of 26
unl ike this site, the car wash is in a commercial area and exits toward commercial
businesses. He noted that the Lake Forest site is smaller. He stated that the traffic
will cause problems for the Rectory across the street and the small Church which
holds mass every morning and funerals. He added that school children are
dropped off at the nearby school as well. He stated that with the proposed
development, there will be more accidents. He stated that if a right turn lane out
of the development is permitted on to Everett Road, traffic will definitely cut
through the Lake Forest Chateau development. He noted that his father had to
go to the Court of Appeals to build Lake Forest Chateau as a buffer between the
commercial development and the Evergreen Subdivision. He stated that he does
not believe that IDOT has approved the access into the proposed Waterway site
with full turning movements yet. He explained that based on IDOT’s policies, the
access point at the south edge of the property may be too close to the
intersection and may be required to be a right in, right out access only. He stated
that if full access is allowed on to Waukegan Road, there should be no access to
Everett Road from the site. He stated that the proposed access to Everett Road is
a major flaw in the development.
Sam Halcak, 698 S. Waukegan Road, stated that he wants what is best for the City.
He stated that he is a longtime resident and does not live far from the intersection.
He stated that he is deeply troubled by the proposal noting that a car wash is not
the best use for the site. He stated that he owned and operated several car
washes and noted that a car wash is not just allowed to locate any place, but
must go through a special process. He stated that a car wash needs space for
cars to maneuver and space in the winter to stack snow. He stated that when
roads are slippery, the traffic issue will become even more serious. He discussed
how water is recycled noting that water from the car wash is only partially
recycled because some water will be contaminated water and will need to be
disposed of properly. He asked the Commissioners to trust their own judgement in
deciding the issue.
Dr. Bruce Bach, 481 Wilshire Lane, thanked the Commissioners for their service. He
stated that he was born in Lake Forest 65 years ago and is a 1970 graduate of
Lake Forest high school. He stated that he lives a half a mile from the proposed
facility. He agreed with earlier comments that noise measurements are absolute
nonsense and are not credible. He noted that 500 people signed a petition
against the proposed high intensity industrial use. He asked the Commission to
recognize the danger of what is proposed. He stated that the people of Lake
Forest do not want this facility.
Bridget Stein, 1190 Estes Avenue, stated that she has lived in Lake Forest since she
was born and remembers the old Amoco station on the site. She stated that it was
convenient to have a gas station nearby. She noted however that after listening
to the others who have testified, she now understands that it will not be safe to
locate the car wash and gas station near the Church and school. She stated that
Plan Commission Minutes – November 8, 2017 Meeting Page 15 of 26
she changed her mind after listening to others’ testimony and now understands
the reasons people are opposed to the project.
Mike Mulqueen, 1038 Mar Lane Drive, stated that he lives 15 to 20 feet from the
project. He noted the negative impact the car wash and gas station will have on
surrounding property values. He noted that only eight percent of the City’s
revenue is derived from sales taxes, but 53% from property taxes. He stated that it
is not fiscally responsible for the City to approve a project that will diminish
property tax revenues. He stated that Waterway will take money from Lake Forest
residents and send it to St. Louis. He noted that in 1990 and 1991, a car wash was
proposed at the Amoco station that was previously located on the northern
portion of this site. He stated that traffic congestion resulting from the car wash
was a significant concern then and should continue to be a concern. He noted
that the current project is much more intrusive than the previous project and spills
over on to the site formerly occupied by the Pasquesi garden store and abuts
residential development. He stated that if the prior car wash was unsuitable, then
a larger and more intrusive project cannot now be approved. He stated
agreement that allowing a left turn into the site from Waukegan Road is a collision
waiting to happen.
Allen Siedel, 1696 Oak Knoll Drive, stated that he has lived in Lake Forest for 34
years. He stated that he wanted to set the record straight noting that Mr. Cortesi
of Sunset Foods opposes the project.
Chairman Ley and Commissioner Kehr clarified that two letters were received from
Mr. Cortesi and in the most recent letter, he appears to take a more neutral
position on the matter than in the earlier letter.
Gretchen Siedel, 1111 Waukegan Road, stated that she lives just south of the
proposed development. She noted that references have been made to the
Northbrook site however, that is a much larger facility in a very different area. She
stated that a better comparison is the car wash in east Lake Forest which is also at
somewhat of an entrance to the commercial district. She stated that the hours
proposed by Waterway are a problem and the petitioner has not been willing to
adjust the hours. She stated that the proposed development is not for the
residents and the neighbors, but instead, for people from outside the community
and not appropriate for a neighborhood business district. She noted that noise will
be generated not only by the car wash, but also by cars stacking near the gas
pumps adding that noise from inside cars will be heard by residents nearby. She
stated that the residents do not want to hear that kind of noise. She stated that
many people in the area are home all day because they work at home, have
young children, or are retired. She stated that the proposed use will generate litter
in the area as a result of the convenience store. She noted that many people will
work on the site adding to the disruption. She stated that she is not opposed to a
light commercial business on the site.
Plan Commission Minutes – November 8, 2017 Meeting Page 16 of 26
Lane Buder, resident of W. Everett Road, stated that she understands that the
owner wants to sell the property and that Waterway wants to locate on the site
however, she noted that she has not heard whether a feasibility study was
completed. She stated that everyone gets gas and car washes elsewhere and
that Lake Forest is doing fine without this facility. She questioned how many
people would use the facility on a daily basis.
Lisa Meanville, 701 Old Elm Road, stated that she has lived in the community for 19
years and questioned how the business will fare with so many other gas stations
and car washes nearby. She stated that traffic concerns her because of the
Church and nearby residential areas, but also because of Everett School. She
expressed concern that to avoid Waukegan Road, cars will use Telegraph Road to
go south and as a result, Everett School students will be impacted. She added
that to avoid the Waukegan and Everett Roads intersection, cars will cut through
the Lake Forest Chateau and Evergreen neighborhoods. She asked that the
proposed development not be allowed.
Rudy Schwartz, 1036 Mar Lane Drive, stated that he lives 20 feet from where the
car wash is proposed and noted that he will hear it, smell it and look at it. He
stated that he would rather look at the current site, than at a car wash. He stated
that the community should come up with an idea for the site to benefit everyone.
He noted that car washes fail during the recession.
Dave Heckler, 1066 Franz Drive, stated that he has lived in the area for three years.
He stated that he is very concerned about the noise and light pollution that will
impact him from across the pond in the Lake Forest Chateau development. He
stated that he grew up in Northbrook and commuted down Waukegan Road for
many years and liked the entrance to Lake Forest which was at that time, corn
fields, the Church and Calico Corners. He stated that he was impressed with the
quiet nature of Waukegan Road as he traveled through Lake Forest. He stated
that later, he was impressed when Settler’s Square was developed. He stated that
for those reasons, he moved to Lake Forest. He stated that a large car wash is a
poor choice for the gateway to Lake Forest. He questioned whether this type of
development is appropriate as the first sight a traveler will see as they enter Lake
Forest by car or train. He stated that St. Patrick’s Church is an historical and
architectural gem and noted that the Commission heard that they Church is
opposed to the proposed development. He stated that the proposed
development will be an eyesore. He noted that Waterway does business by
pressuring customers to buy car wash packages. He quoted the Northbrook Star
about the number of employees that were hired locally in comparison to those
brought in from St. Louis because the heavy handed sales tactics are not easy to
master. He stated that the proposed use will lower property values and repel
visitors and residents.
Plan Commission Minutes – November 8, 2017 Meeting Page 17 of 26
Hearing no further requests to speak from members of the public, Chairman Ley
declared the public hearing on this matter closed. He invited final questions from
the Commission to the petitioner or staff.
In response to questions from Commissioner Kehr, Mr. Goldman stated that
Waterway is willing to consider some reduction in hours however, he stated that it
would not be feasible to match the hours of the car wash in east Lake Forest.
Hearing no further questions from the Commission, he invited final comments from
the petitioner.
Mr. Goldman noted that Waterway has entered into an agreement with the
owner of the office building to mitigate impacts from the car wash. He
acknowledged that people are passionate about the proposed development
and concerned about it locating near their homes. He stated that experts have
been consulted in an effort to address the issues raised. He stated that the
proposed use fits well on the site noting that other Waterway businesses are
located on smaller sites. He noted that the Northbrook site is larger and that
additional services are offered, beyond those proposed at the Lake Forest
location. He stated that the high speed doors have been tested and are in use at
other locations.
Henry Dubinsky stated that Waterway hopes to be a good neighbor and a
contributor to Lake Forest. He noted that his company has operated for 47 years
in other communities. He stated that Waterway is prepared to make substantial
investments into the site and provide a valuable service. He stated that Waterway
will be a responsible corporate citizen.
Mr. Stuart, Manager of IP properties, owner of the site, stated that passionate
testimony has been presented along with assertions and counter assertions. He
stated that as he learned, when leading the development process for Conway
Farms, the process takes more time than anticipated, but the process works. He
stated that with the guidance from the Commission and staff, the project has
been improved. He noted that the project team listened to the neighbors and as
a result, made the project better. He stated that the proposed project is
consistent with the City’s economic development goals. He stated that the
development will produce sales tax revenues and will generate property taxes. He
stated that the development will provide job opportunities. He stated that the
property has long been zoned for and developed with commercial uses. He
stated however that after buying the property in 2011, he was approached by
many developers, but none with a proposal that he deemed worthy of Lake
Forest. He stated that Waterway is a creative, experienced developer and is
prepared to make a substantial investment in the site to make it productive and
serve a community need. He stated that he believes that the proposed
development meets all of the applicable criteria. He asked the Commission to
support the project.
Plan Commission Minutes – November 8, 2017 Meeting Page 18 of 26
Chairman Ley invited input from the Commission on how to frame the discussion
and debate and on how to go through the staff recommendation.
Commissioner Kehr asked to hear comments from each Commissioner.
Commissioner Freeman suggested that staff be asked to respond to public
testimony and offer any final comments prior to the Commission’s discussion.
In response to a request from Chairman Ley, Ms. Czerniak reviewed that the
Commission is charged with balancing various interests and that the petition must
be evaluated on the applicable criteria in the Code. She noted that evaluating
the economic benefits, or lack thereof, of the proposed development is the
purview of the City Council. She noted that findings are presented in the staff
report in response to the applicable criteria. She noted that the findings presented
suggest that many of the criteria are met, while others require discussion and
deliberation by the Commission based on the information presented. She noted
that as part of the staff’s due diligence, Northbrook Village officials were
contacted and offered the following: 1) Waterway delivered on its promises with
respect to buildout of the site, 2) the sound levels were as promised, 3) the
automatic door located at the entrance to the car wash tunnel is effective and
Northbrook officials regret not requiring a similar door at the exit to the tunnel, and
4) the site is well managed and clean. In response to public testimony, she
clarified that IDOT is requiring an access from the development on to Everett
Road. She stated that an access on Everett Road will likely be required regardless
of what use is ultimately located on the property. She added that likewise, left
turns into the site from Waukegan Road are likely to always be an issue due to the
configuration of the site and its proximity to the intersection. She stated that as
noted earlier, the property is zoned for commercial use and has a long history of
use as a gas station and service station. She noted that in the 1990’s, when a car
wash was previously proposed, the gas station and car wash were both proposed
for only the north portion of the site. She stated that the facts in that case were
different from the current proposal. She noted that the City frequently receives
questions about the appearance of the property. She added that many residents
have commented that a gas station is needed in west Lake Forest.
Commissioner Kehr asked staff to respond to a question raised during public
testimony about whether feasibility studies are conducted on prospective
businesses.
In response to Commissioner Kehr, Ms. Czerniak stated that Waterway likely
conducted a feasibility study prior to proposing the facility in Lake Forest to assure
that it would be economically viable. She added that based on some of the
concerns raised during public testimony, the Commission may want to consider
adding a condition requiring removal of any improvements related to the business,
within a certain time period, if the business, or any component of the business
closes or ceases to operate.
Plan Commission Minutes – November 8, 2017 Meeting Page 19 of 26
In response to questions from Commissioner Freeman, Ms. Czerniak confirmed that
the criteria for drive thru facilities are not applicable to this petition. She noted that
car washes and gas stations are both called out specifically as special uses.
Commissioner Freeman suggested that it would be helpful to hear from each
Commissioner whether certain aspects or conditions are more meaningful than
others as the Commission works toward a motion on this petition.
Commissioner Pickus commented that two issues that need further discussion by
the Commission, sound and traffic. He stated that the City does not have
established noise standards and must rely on the experts and what is considered
acceptable practice. He stated that it is difficult to objectively review the sound
issue without specific criteria to measure against. He stated that in his opinion, the
petitioner has done a tremendous job trying to mitigate the sound issue. He noted
however that there will be impacts on those close to the site and it is hard to get
past that fact. He stated that concerns about traffic are valid but not enough in
his opinion to prevent approval of the project. He noted that he proposed a
development on the property several years ago and worked through the very
same issues with IDOT regarding access to Waukegan Road. He stated that
unfortunately, the project did not go forward.
Commissioner Ruggles stated general agreement with Commissioner Pickus’
comments. She stated that the information and data presented on traffic is
sufficient in her opinion. She agreed that sound is the difficult issue and asked for
input from the rest of the Commission on how that issue might be addressed to
respond to the neighbors’ concerns.
Commissioner Freeman stated that he does not question the need for a gas
station in west Lake Forest noting that recently, Mettawa approved an expansion
of the Costco gas station. He noted that the Village of Mettawa currently has a
revenue surplus and Lake Forest is facing financial issues. He stated appreciation
for the public comment and for the experts that were brought in by all parties. He
agreed that for him, this comes down to noise issue. He stated that if IDOT were to
close down access to the property from Waukegan; that would be a taking and in
his opinion, will not happen. He stated that the Commission is not in the position of
picking winners and losers by instead, is charged with evaluating proposals to
determine whether they are consistent with the City plan and Code. He pointed
out that the reason the Lake Forest Chateau development occurred as it did was
because the City denied it and it was litigated. He noted that the Commission is
the steward of all property in Lake Forest. He noted that while Lake Forest has
been debating this petition for two years, another nearby community rejected a
similar development proposal and was reversed by the Courts. He noted that
Mettawa approved an expansion of the number of gas pumps at Costco in a
matter of weeks. He noted that from an historical perspective, Lake Forest
incurred considerable expense in an effort to prevent McDonald’s from locating in
the community and now, years later, residents are sorry to see it close. He
reiterated that the Commission must look at the City as a whole. He stated that he
Plan Commission Minutes – November 8, 2017 Meeting Page 20 of 26
does have concerns about noise however, the use is appropriate for the area and
is called out as such in the Code. He noted that considerable testimony was
presented some passionate and some asserting that even a gas station is not
appropriate for the site. He suggested that the focus should be on how to
mitigate the noise and noted that the Commission is fortunate to have experts
who have weighed in on this issue. He stated that a reduction in the hours of
operation for the car wash is reasonable along with additional sound barriers. He
added that some form of a restriction on the level of noise in relation to ambient
noise is reasonable noting that the petitioner committed that noise levels will not
exceed two decibels above the ambient sound levels and suggested that a
condition be put in place to hold the petitioner to that standard. He stated that
sound measurements should be taken by a consultant hired by the City, at the
expense of Waterway. He stated that a condition requiring high speed doors at
both the exit and entrance should be put in place along with a requirement that
the doors must close more than two-thirds of the time as offered by the petitioner.
He suggested that conditions could require replacement of the windows on the
Church Rectory similar to the commitment that Waterway has already made to
the owner of the office building to the east. He stated that a process should be
established for grievances about noise to assure that complaints are investigated
and addressed. He noted that if the high speed doors are not functioning, the car
wash should not operate. He summarized that there are numerous conditions that
can be put in place to mitigate noise impacts. He reiterated that favoring certain
property owners over others is not the role of this Commission
Commissioner Kehr thanked the petitioner acknowledging that they have done as
much as possible to address the issues raised including noise, light and the location
of the trash enclosure. She stated that not all petitioners listen as carefully as
Waterway has done. She stated a concern with the three uses combined. She
acknowledged that a convenience store is permitted by right on the site but
noted that the other two uses require special permission and a determination of
whether they are appropriate for the site and surrounding neighborhood. She
stated that the purpose of the B-1 District is to accommodate a neighborhood
business district with small retail and service businesses. She stated that she does
not consider the entirety of the proposed operation to be small . She
acknowledged that while the individual pieces of the development may fit,
together, the development is too large for the area. She stated that she would like
to see the site developed in some way as would many of the neighbors. She
noted however that as proposed, the development seems excessive given the
limited ingress and egress. She stated that there is not an adequate buffer
between the commercial property and the neighboring residential uses. She
noted that the prior commercial uses predated the residential development that is
now located in the area and today, the special uses must be considered in the
current context. She noted that she is concerned about the intensity of uses
proposed given the location at an intersection, near a fire station and near a
railroad crossing that is already considered dangerous given its proximity to the
intersection. She noted that the proposed development is also near an active
Plan Commission Minutes – November 8, 2017 Meeting Page 21 of 26
Church noting that Sunday’s are busy days at the car wash and at the Church as
well. She noted that many funerals occur on Saturdays which may also be in
conflict with the car wash. She stated that she went to the Northbrook site and
found it to be well laid out. She noted that the previously approved retail project
for this site had larger building footprints, but better traffic circulation and included
passive uses that would not be as detrimental to the neighborhood. She stated
that she believes that the current proposal will negatively affect the health, safety,
morals and general welfare of the area noting that those are all general zoning
concerns. She noted however that if the petition is successful, shorter hours and
consideration of reducing conflicts with the Church on weekends should be part
of the approval. She added that landscaping should be reviewed to assure that
plantings do not obscure sightlines for traffic. She agreed that if the quiet doors
are not operating, the car wash should not operate. She noted that the site plan
should be reviewed again to assure that if property is needed in the future to
widen Everett Road, there will still be sufficient space for the vacuum stations, an
internal circulation lane and landscaping. She added that there should be
assurance that Waterway holds appropriate liability insurance for the
development. She stated support for a condition requiring removal of
improvements from the site if the business closes.
Commissioner Henry stated that he leans to the owner’s rights side of the issue. He
stated that he lives in the neighborhood and knows the intersection well because
he drives through it multiple times a day. He noted that after 11 years as a vacant
site, the proposed use appears to be the highest and best use noting that other
uses have been proposed, but have not progressed far enough to be brought
forward. He thanked Waterway for their patience and stated that this process has
given the impression that Lake Forest is closed for business. He stated that the
Commission must focus on its purview. He noted that the proposed use is well
within the limits of the current zoning but requires vetting as part of the special use
process. He stated that this project has been under consideration by the City
since 2015. He noted that the former BP gas station and Pasquesi store together
were substantially larger than the current proposal. He encouraged the
Commission to use caution in adding extra conditions of approval to avoid
discouraging business. He suggested that the Commission should concentrate on
whether the proposed use and plan meet the zoning requirements. He noted that
experts have addressed the technical issues related to the proposed used. He
stated that the community needs more businesses pointing out that if the City had
one percent of the revenues generated by Costco, the City could purchase this
property and make it a park. He reiterated that the property has been vacant for
11 years and that overwhelmingly, the public comments relate to impacts the
development will have on properties that are adjacent to a commercial area. He
stated that if there were multiple proposals for redevelopment of the property
before the Commission, it would be possible to pick and choose between them,
but instead, the Commission must evaluate what is presented. He stated that the
Commission’s role is not to talk about what use is best for the site but to consider
what is presented. He stated that there is an eager developer who has been
Plan Commission Minutes – November 8, 2017 Meeting Page 22 of 26
responsive to the concerns raised. He reiterated that the Commission should be
cautious about adding too many hurdles for the petitioner. He stated that if the
use overall is not acceptable, the Commission should have given that direction
long ago. He stated that he supports the petition as presented.
Chairman Ley stated that his vote will depend on whether, in his judgement, the
project meets the criteria for a Special Use Permit. He stated that he listened to
the testimony and read the materials that were submitted multiple times. He
clarified that the delay in the review of the project was not related to the
Commission’s work, but instead, to IDOT’s review and approval of access for the
site. He added that work with ComEd also delayed the process. He stated that
based on his evaluation, the petition clearly meets criteria two thru six noting that
in his opinion, the development will not impair property values. He stated that
questions remain for him as to whether the development satisfies the first criteria
which relates to the comfort of the nearby community. He noted that at the
March meeting, he raised concerns about the noise from the blowers after he
stood at the Northbrook site and listened to the blowers. He questioned whether
the level of noise resulting from the car wash would meet the letter and spirit of the
Special Use criteria. He stated that he is not confident that the noise can be
mitigated satisfactorily. He stated concern that on busy days, cars will stream
through the tunnel, one after another. He stated concern about impacts on the
residential neighbors, the Church and the office building. He stated that the
proposed mitigation measures are experimental because no existing Waterway
site employs the various measures proposed. He stated that as a result, he is
skeptical that the first criteria can be satisfied. He added that a measurement of
the peak noise levels was not provided to the Commission.
Commissioner Freeman noted that but for the blowers, the use would not be a car
wash. He stated that the Code allows a car wash and car washes have blowers.
He noted that with respect to environmental and traffic concerns, Pasquesi’s had
bags of fertilizer stored on the site and generated significant traffic at times.
Commissioner Kehr stated that although a car wash is permitted as a special use in
the B-1 District, it may not be an appropriate use in all locations in the B-1 District.
She noted that the previous uses on the site likely pre-dated the special use
designation.
Commissioner Henry clarified that he is not criticizing the Plan Commission process
but noted that many petitioners would not have had the patience to remain in the
process from March to November, discounting the work by other agencies on this
matter dating back to 2015. He stated that developers know what it takes to do
ground up development in Lake Forest.
Commissioner Freeman agreed that some of the delay in the review process was
related to the petitioner’s work with IDOT and ComEd. He stated that if blowers
were a concern, then a car wash should not have been included as a permitted
Plan Commission Minutes – November 8, 2017 Meeting Page 23 of 26
use in the B-1 District and if the site was intended for a park or for residential use, it
should have been zoned for those uses. He stated that if traffic and noise are
deciding factors, there may be no use that is appropriate for the site. He stated
that given the prior approval of the retail plan and the inability to build the
approved plan, retail on the site is not feasible.
Commissioner Kehr stated that a prior site plan was approved for the site for a
passive use that did not bring noise or lighting to the site and offered better
circulation to avoid accidents. She stated that other retail or business
developments could be approved for the site.
Commissioner Freeman noted however that not one retail or business
development was brought forward in eleven years. He noted that what the retail
use misses is a developer, an operator, without which it will not be built. He stated
that the site is an eyesore, at the entrance to the business district. He stated that
the City Council should be cautious to not recreate the McDonald’s scenario
which was costly to the City. He stated that car washes are permissible uses in the
B-1 District and the City Council knew that car washes were noisy when the Code
was enacted. He stated concern about the risk that fact presents to the City as a
whole. He stated that the Commission’s debate has been a good one. He
complimented all parties for bringing experts to the discussion to talk about how
the concerns could be mitigated. He acknowledged that each Commissioner will
need to vote their conscience.
Commission Kehr stated for the record that the City previously approved a more
passive use for the site. She pointed out that not many intersections have a fire
station, railroad crossing, church and school nearby. She stated that the proposed
special use is not appropriate for every site in the B-1 district and not appropriate
for this site.
Commissioner Freeman stated that all of the uses mentioned by Commissioner
Kehr existed when the B-1 zoning was applied to the area.
Hearing no further comment, Chairman Ley invited a motion.
Commissioner Freeman made a motion to recommend approval of a Special Use
Permit for a gas station and car wash and approval of the overall site plan subject
to taking into account the following recommendations for conditions of approval.
1. The hours should be reduced an hour at each end, for all days of operation
for the car wash. (The hours of 7 a.m. to 10 p.m. for the gas station and store
are appropriate.) The car wash hours should be from 7:30 a.m. to 7 p.m. on
week days and from 9 a.m. to 5 p.m. on weekends.
2. Rapid closing doors should be required at the entrance and exit to the
tunnel and should be closed at all times between cars that pass through the
tunnel. If both doors are not operational, the car wash should not operate.
Plan Commission Minutes – November 8, 2017 Meeting Page 24 of 26
3. Waterway should bear the cost of replacement windows in the Church
Rectory and in the office building to the east of the site. An assessment, by
an acoustical engineer, hired by the City and paid for by the petitioner,
should be conducted after six months of operation and if determined to be
necessary by the consultant, replacement windows should be installed in
impacted, adjacent residential units.
4. Noise levels from the car wash should not exceed 2 dBs above the ambient
hourly time weighted average noise levels in the area consistent with the
representation made by Waterway representatives. A post construction
study should be conducted by a consultant hired by the City, and paid for
by Waterway, to verify that noise levels comply with this condition prior to
the opening of the car wash.
5. A process should be established to address complaints and violations of the
permitted noise levels. The process should specify a method of investigation,
notice procedures, a period within which to remedy any violations and an
enforcement mechanism.
6. All exterior lights shall be directed downward and the source of light shall be
fully shielded from view from off of the site. After close of business, all
exterior lights, except those determined to be necessary for safety and
security of the site by City public safety officials, must be turned off. An
overnight lighting plan shall be required as part of the submittal for building
permit.
7. Any material changes to the structures, methods or equipment on the site
will be subject to review under the Special Use Permit and will be subject to
evaluation based on the applicable criteria.
8. If the use, or any component of the use, closes or ceases to operate,
facilities associated with that use should be required to be removed within a
specified time period.
9. The building, lighting, landscaping and signage shall be subject to review by
the Building Review Board with particular attention paid to establishing a
streetscape character consistent with the overall business district and
mitigating impacts on the nearby properties.
10. Any necessary insurance requirements dictated by the use should be met to
the satisfaction of the City.
Commissioner Pickus seconded the motion and suggested an amendment to
include a requirement that a bond be posted as security for any additional
Plan Commission Minutes – November 8, 2017 Meeting Page 25 of 26
mitigation measures that might be necessary as a result of the six-month
evaluation.
Commissioner Freemen accepted the amendment as proposed by
Commissioner Pickus.
Commissioner Henry stated support for the motion despite the numerous
conditions and stated that the City needs to be a good partner with businesses.
Chairman Ley stated that in his opinion, the recommended conditions
represent regulation run amuck and will be difficult to enforce.
In response to questions from Chairman Ley, Ms. Czerniak explained that the
recommendations of the Commission will be refined by the City Attorney and
configured as conditions of the ordinance that is ultimately presented to the
City Council for consideration. She stated that the conditions will be refined to
assure that they are clear, workable and enforceable.
Commissioner Pickus noted that conditions are a way to try to address the
needs of all parties. He stated that being able to see the grey areas allows the
process to move forward and allows the Commission to consider petitions
without picking winners and losers.
Commissioner Ruggles stated that the recommended conditions will provide
Waterway with an opportunity to improve their business which may result in the
business being more welcome in other communities.
Chairman Ley asked for a roll call vote. The motion passed by a 4 to 2 vote
with Commissioner Kehr and Chairman Ley voting nay for the reasons they
previously stated.
In response to a question from Chairman Ley, Ms. Czerniak said that she is not
certain when this matter will be considered by the City Council but noted that
the date, once confirmed, will be available on the City’s website.
4. Public Hearing and Action: Consideration of a request for approval of an
amendment to the Special Use Permit which approved the Oak Knoll
Woodlands Subdivision to allow berm to remain as built, at a height higher than
the height reflected on the approved development plans. The berm is located
in the southeast corner of the Oak Knoll Woodlands Subdivision, west of the
railroad tracks and north of Abington Cambs Drive.
Property Owner: RREF II-SD OAK, LLC
Representative: Richard Swanson, architect
Plan Commission Minutes – November 8, 2017 Meeting Page 26 of 26
Chairman Ley noted that this matter will not be heard, but a motion to continue
the item is required. He noted that a request for a continuance was submitted by
the attorney for neighboring property owners.
Commissioner Henry made a motion to continue consideration of this item to the
December meeting based on a request from the attorney representing the
neighboring property owners.
The motion was seconded by Commissioner Pickus and was approved by the
Commission in a 6 to 0 vote.
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 10:17 p.m.
Respectfully submitted,
Catherine Czerniak
Director of Community Development