PLAN COMMISSION 2017/12/13 MinutesThe City of Lake Forest
Plan Commission
Proceedings of the December 13, 2017 Meeting
A meeting of the Lake Forest Plan Commission was held on Wednesday, December
13, 2017, at 6:30 p.m., at City Hall, 220 E. Deerpath, Lake Forest, Illinois.
Commission members present: Chairman Ley and Commissioners: Monica Ruggles,
Tim Henry, Louis Pickus, Guy Berg and Rosemary Kehr
Commissioners absent: Michael Freeman
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 November 8, 2017 meeting.
The minutes of the November 8, 2017 meeting were approved with corrections as
requested by Commissioner Kehr.
3. Public Hearing and Action: Continued 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 the property located at 884 S. Waukegan Road.
Banks and drive thru facilities are permitted in the B-1 zoning district as special
uses. The site was, until recently, the location of a McDonald’s. 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: Jonathan 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 invited a presentation from the petitioner and swore in
all those intending to speak.
Mr. O’Donnell, attorney for the petitioner, introduced the members of the project
team including representatives of Chase Bank. He noted that various technical
experts are available to answer questions. He stated that consideration of the
Chase petition was continued from the September meeting with direction to
Chase to address three principle issues. He noted that the Plan Commission
directed review of the petition by the Building Review Board for consideration of
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the appropriateness of the design and materials of the building and the overall site
design in the context of the surrounding area. He noted that before presenting
the project to the Building Review Board, the petitioners took the Plan
Commission’s discussion and suggestions to heart. He noted that in response to
the suggestions offered by the Plan Commission at the September meeting, a
consulting architect, familiar with the surrounding buildings, was hired to assist in
effectively re-designing the building. He noted that as recommended by the Plan
Commission, Chase Bank representatives met with the owners of Forest Square, the
commercial development to the north, to discuss and agree on a site design that
provides improved pedestrian connections between the two developments. He
noted that the third request from the Plan Commission was to conduct traffic
counts at the three branch banks in the vicinity of the subject property to
understand the level of activity generated by the existing banks in the area. He
reviewed the traffic counts that were taken at the other banks in the vicinity,
reviewed traffic counts taken at other Chase Banks in the area and reviewed the
projected traffic that would be generated by the proposed Chase Bank, if
approved. He stated that based on the data, it is anticipated that the proposed
Chase Bank will have a higher volume of traffic than the other existing banks in the
area due to the fact that it is a national, rather than a regional bank. He noted
that the proposed Chase Bank will likely generate traffic volumes that are more
closely aligned with the Institute of Traffic Engineers’ projections for banks than the
other banks in the area. He noted that a question was raised at the previous Plan
Commission meeting about whether another branch bank is needed in the area.
He pointed out that need is not one of the criteria for a Special Use Permit. He
stated that in fact, there is guidance from the Illinois Supreme Court on the issue.
He explained that the Supreme Court has held that if there is a zoning ordinance
which provides a limit, a cap, or a moratorium on uses that would otherwise be
permitted in a district, pursuant to a special use permit, those are enforceable. He
reviewed an example from another municipality in which a special use permit for
a Church was denied in an effort to preserve a downtown area for commercial
uses only. He noted in that case, all of the applicable criteria were satisfied and
the Illinois Court rejected the municipality’s decision as unreasonable. He
explained that a municipality is permitted legislatively to limit the number of uses or
impose a moratorium. He noted however, limiting a use cannot be done absent
legislation that addresses the issue. He noted that in Lake Forest, there is no limit,
cap or moratorium on banks. He noted that a branch bank in the B-1 District is an
authorized use if the applicable criteria for a special use permit are met. He stated
that he believes that the Chase Bank proposal satisfies the criteria for a special use
permit and once the criteria are satisfied, the City should not consider the question
of whether another bank is needed in determining whether to approve or deny
this petition. He noted that the second issue the Plan Commission asked Chase to
consider was modifications to the site plan to increase the ability of pedestrians to
move not only within the property, but also to neighboring businesses and the train
station. He reviewed the revised site plan and pointed out the enhancements that
were made to benefit pedestrians including the addition of a sidewalk along the
north boundary of the property. He reviewed the expanded landscaped
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courtyard adjacent to the bank noting that it was enlarged from the previous
plan. He pointed out the additional landscaped seating areas that were added.
He reviewed an enlarged site plan and pointed out the sidewalk connections to
other businesses in the area and to the Metra train station. He explained that
representatives from Forest Square were brought into the discussions in an effort to
achieve the pedestrian connections suggested by the Plan Commission. He
noted that the third issue the Plan Commission asked Chase to consider was the
design of the building particularly with an eye to making the building adaptable
for other uses in the event that Chase leaves the site. He noted that since
appearing before the Plan Commission last, there has been a significant change
in the design of the building. He presented before and after elevations noting that
the latest design was presented to and unanimously approved by the Building
Review Board. He stated that he believes that the new design achieves the goals
expressed by the Plan Commission. He requested the Commission’s support for the
petition.
Ms. Czerniak stated that the petition is before the Commission for the third time
adding that the Commission provided clear direction when this matter was last
continued with respect to the issues that should be addressed. She noted that Mr.
O’Donnell provided a thorough review of the outstanding issues. She stated that
the staff report includes detailed findings in support of the petition as now
presented. She confirmed that the Building Review Board recommended
approval of the building and site design and commended the project noting that
it relates well to Forest Square. She noted that the Board deferred final action on
the lighting and signage until the building takes shape to allow a mock-up of the
signage to be reviewed in the context of the site. She reviewed the conditions
recommended in the staff report. She noted that as occurred when Lovell’s
Restaurant transitioned to a non-retail use, the petitioners and owners are
proposing a contribution to support ongoing maintenance and enhancement of
landscaping, pedestrian connections and infrastructure in the area. She noted
that the details of any contribution will be incorporated into the ordinance for
Council consideration and action. She stated that action on the petition is
appropriate at this meeting given the responses provided by the petitioner to the
open issues identified by the Commission at the last meeting. She stated her
expectation that the recommendations of both the Building Review Board and the
Plan Commission will be presented to the City Council for consideration in the
middle of January.
In response to a question from Chairman Ley, Mr. O’Donnell confirmed that the
dimensions of the building are similar to the earlier design. He confirmed that the
pedestrian walkways shown on the plan will be concrete and will connect to the
existing sidewalks to facilitate movement between properties.
Commissioner Berg noted that he drives by the site often and noted that when
leaving Forest Square, vehicles must go south, through the site proposed for
redevelopment, to go north on Waukegan Road. He suggested that it would be
Plan Commission Minutes – December 13, 2017 Meeting Page 4 of 8
nice if the exit to the south was more aligned with the parking lot for Forest Square
so that the route is more easily identified. He noted that there are three different
entities located in that area; the train station, Forest Square and the former
McDonald’s site and there is not a clean vehicular route through the area. He
stated that he is not suggesting re-aligning the roadways as a condition of
approval, but encouraged that the concept be considered noting that now is a
good time to consider a longer term vision.
In response to Commissioner Berg’s suggestion, Mr. Meseck, project architect,
stated that consideration was given to how to connect the properties in an
efficient, safe and direct way. He stated that pedestrian, vehicle and aesthetic
needs were considered. He stated that the site design presented is the result of
efforts to incorporate the design intent of the Code by providing enhancements
for the users of the site and the general public. He pointed out the landscaped
courtyard to the west of the bank building noting that it will be available to the
public. He noted that seven parking spaces were removed to allow pedestrians to
move through the south portion of the site, from the train station to Forest Square,
in a safe and convenient way. He reviewed the alignment of the sidewalks from
the train station, to and through the Chase Bank site, and to Forest Square. He
stated that the site is configured to minimize pedestrians’ exposure to vehicles. He
pointed out a pedestrian zone, drive up customer zone, and the employee zone.
He stated that the design now presented is the culmination of study and
consideration of the various users and factors.
In response to questions from Commissioner Pickus, Mr. Meseck agreed to include
directional signage to facilitate vehicular and pedestrian movements as part of
the overall sign plan.
In response to questions from Chairman Ley, Mr. Meseck confirmed that the north/
south road connection from Forest Square, through the proposed Chase Bank site,
will remain unchanged from the current condition. He confirmed that efforts were
made to allow vehicles and pedestrians to safely co-exist. He stated that the
design seeks to calm traffic and avoid a raceway. He noted the areas that will be
re-landscaped and noted that pavers are proposed to alert drivers to the location
of pedestrian walkways.
In response to questions from Board member Kehr, Board member Meseck pointed
out the location of bike racks, in the northwest corner of the site. He added that
the building is designed with low flow fixtures, a reflective roof and a high insulation
value all of which are consistent with green building techniques. He stated that
the value will be put into the green features of the building as opposed to seeking
LEED certification. He spoke to the ability of the building to adapt to future tenants
noting that the building has four-sided architecture with the possibility of punched
openings, additional entrances, to support two 1,800 square foot tenants, or three
or four smaller tenants. He stated that the building design, massing and materials
support a future adaptive reuse. He noted that the as proposed, the mechanical
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units are inside the building, on a mezzanine, which makes it feasible to create
second floor space in the future. He added that the roof massing provides a
sunken pit within which the condensing units will be located to avoid visibility from
off of the site. He acknowledged that with multiple tenants, the tenant in the east
end cap will have the most visibility from Waukegan Road, similar to the Starbuck’s
location in Forest Square.
Commissioner Kehr stated appreciation for the efforts made by the petitioner
noting that the Commission had the benefit of the minutes from the Building
Review Board meeting.
Hearing no further questions from the Commission, Chairman Ley invited public
testimony.
Dan Siebald, 560 Ivy Court, stated that as he has learned more about the project,
he dislikes it more and more. He stated his preference that the project be rejected
in its current form. He reviewed his understanding of why the lease for McDonald’s
was not renewed noting that it appears that a series of actions took place that
created a circular argument. He noted that one of his main concerns is how the
situation came to be noting that it lacks a certain good faith and puts the City in a
difficult situation as it tries to meet the goal of having a community oriented
building on this site. He cautioned that if this is approved, a similar situation may
occur in the future. He noted that if this is approved and as a result, an existing
bank in the area closes because of competition, the neighborhood will not be
happy. He stated that the building does not fit the goal of community oriented
development noting that the building is too small for the lot. He noted that with a
future pedestrian underpass, parking for the site could be accommodated at the
train depot which could allow the site to be developed with a restaurant, a two
story building, small retail uses like a bike shop or, the site could provide a larger
site for the restaurants across the street. He suggested that the proximity to the
train station should be capitalized on by doing something that is more community
oriented with the site.
Steve Douglass, 460 Washington Road, stated that he is representing the owners of
Forest Square. He stated support for the petition. He stated that Chase Bank will
be a strong draw to the area and will benefit his tenants and those across the
street. He stated that he appreciates the willingness of the petitioners to take a
second look at the building and site design based on Commissioner Berg’s
suggestions at the previous meeting. He noted that in his opinion, Mr. Swanson did
a great job modifying the design of the building. He stated that he is very much in
favor of the petition.
Hearing no further requests to speak from members of the public, Chairman Ley
declared the public hearing on this matter closed. He invited any final questions
or comments from the Commission.
Plan Commission Minutes – December 13, 2017 Meeting Page 6 of 8
Commissioner Berg stated that he is pleased that the petitioner responded to the
Commission’s thoughts about how to make the project work in unison with Forest
Square. He stated that the changes made were positive. He stated that the
building will lend itself to future tenants much better than the earlier design. He
stated a continued interest in straightening out the circulation route through the
parcels perhaps with the use of a stop sign. He encouraged further discussion
around this topic. He stated support for the petition as presented.
Commissioner Pickus agreed that the petitioner followed the Commission’s
direction well commenting that the redesign of the building is excellent and
matches Forest Square. He noted that the petitioner took the Commission’s
comments to heart. He stated that the project as now presented meets the
criteria for a Special Use Permit.
Commissioner Ruggles stated support for the petition. She stated that the
architecture is in keeping with adjacent development and the building is designed
to allow adaptation to various uses. She stated that the connectivity offered by
the site plan is a great improvement over what exists in the area today. She stated
some concern over traffic at the back of the site but acknowledged that the
current site design makes a point of slowing down traffic by avoiding a straight
shot through the property.
Commissioner Kehr thanked Chairman Notz, the members of the Building Review
Board and the petitioner for all the work done to improve the design. She stated
that she understands residents’ not wanting another bank in the area but stated
her opinion that it will be a benefit to the area to have a National bank with a
strong credit rating like Chase. She noted that McDonald’s was a destination
business and noted that she makes an effort to group errands like going to the
bank, with other stops. She stated that Chase Bank may generate ancillary trips to
nearby businesses like Starbuck’s, Sunset Foods and the hardware store. She
noted that the enhanced pedestrian connections may lead to more life in the
area.
Hearing no further comments from the Commission, Chairman Ley invited a
motion.
Commissioner Pickus made a motion to recommend approval of a Special Use
Permit for Chase Bank based on the plans presented and based on the findings as
detailed in the staff report and as stated by members of the Commission. He
stated that the motion is subject to the following conditions of approval.
1. The site plan, landscape plan and final engineering plans shall clearly reflect
a comprehensive network of pedestrian pathways. The pathways shall
provide for efficient, comfortable and safe pedestrian access on the site
and also provide pedestrian links to off-site sidewalks, crosswalks and parking
areas to facilitate pedestrian access throughout the broader area. The
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adequacy of the pedestrian pathways and the links to off-site pathways
shall be subject to final review and approval by the City Engineer and the
Director of Community Development.
2. The existing mature trees shall be protected and preserved on the site to
screen the drive thru from views from the public streetscape. Any tree
removal is subject to review and approval by the City Arborist and shall be
limited to trees that do not provide screening of the drive thru area.
3. Once the demolition of the existing building gets underway, work must
proceed diligently to completion including, but not limited to removal of all
debris from the site and restoration of the site to a condition determined to
be acceptable by the Director of Community Development until a building
permit is issued to allow construction of the new building to commence.
4. The Building Review Board shall review the lighting and signage for
consistency with the applicable Code requirements, design guidelines and
overall character of the business district.
5. The City Council should assure that the proposed non-retail use supports the
surrounding business district and the larger community in one or more ways
including, but not limited to; offering financial support for infrastructure,
parking, landscaping or overall maintenance of the business district,
engaging in community activities, supporting local schools or not for profits
in various ways, or providing temporary easements for staging or storage
that may be necessary to support the construction of the pedestrian
underpass to the train station.
Commissioner Henry seconded the motion. The motion passed by a vote of 6 to
0.
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
Ms. Czerniak asked the Commission for a motion to continue consideration of this
agenda item noting that the attorney for the petition has requested a second
continuance of this petition. She stated that the developer agreed to the
continuance request.
Chairman Ley invited a motion.
Plan Commission Minutes – December 13, 2017 Meeting Page 8 of 8
Commissioner Henry made a motion to continue consideration of this item as
requested.
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.
Ms. Czerniak asked for Commission consideration of the 2018 Plan Commission
meeting schedule.
Hearing no comments from the Commission, Chairman Ley invited a motion.
Commissioner Pickus made a motion to approve the 2018 meeting schedule as
presented.
The motion was seconded by Commissioner Kehr and was approved by a vote of 6 to
0.
There was no additional information presented by staff.
The meeting was adjourned at 7:24 p.m.
Respectfully submitted,
Catherine Czerniak
Director of Community Development