Loading...
PLAN COMMISSION 2017/03/08 MinutesThe City of Lake Forest Plan Commission Proceedings of the March 8, 2017 Meeting A meeting of the Lake Forest Plan Commission was held on Wednesday, March 8, 2017, at 6:30 p.m., at City Hall, 220 E. Deerpath, Lake Forest, Illinois. Commission members present: Chairman Ley, Commissioners Michael Freeman, Tim Henry, Lloyd Culbertson, Monica Ruggles, Guy Berg and Rosemary Kehr Commissioners absent: None Staff present: Catherine Czerniak, Director of Community Development 1. Introduction of Commissioners and staff. Chairman Ley invited the members of the Commission and staff to introduce themselves. 2. Consideration of the minutes of the February 8, 2017 meeting. The minutes of the February 8, 2017 meeting were approved as submitted. 3. Public Hearing, Deliberation and Direction: 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. Representatives: Alexander Stuart, Property Owner Nick Patera, Teska Associates Michael Goldman, Waterway V.P./General Counsel Chairman Ley asked the Commission for any conflicts of interest or Ex Parte contacts, hearing none; he swore in all those intending to speak and invited a presentation from the petitioner. Mr. Stuart, Manager of IP Properties, the owner of the property, explained that his family has owned property in Lake Forest since the 1950’s and was responsible, along with other parties, for the creation of the Conway Farms development and Conway Farms Golf Club. He stated that he was President of the Conway Farms’ Homeowners’ Association until the development was completed. He noted that the BMW Championships have recently been held at Conway Farms providing an opportunity to showcase the community. He explained that in the context of his and his family’s past time in front of City Boards and Commissions, he understands the development review process and all that is involved. He stated that the Conway Farms development is better because of the process. He stated that the family holds the land at the southeast corner of Waukegan and Everett Roads as a long term investment with the goal of Plan Commission Minutes – March 8, 2017 Meeting Page 2 of 17 making the vacant site productive for the community. He stated that after consideration of many options, Waterway was selected as a partner in development of the site. He stated that he believes that the proposed Waterway project will be a welcome addition to the area noting that it will provide a place to fill up and clean vehicles, as well as shop. He noted the success to date of the Waterway Company. He stated that the City will benefit from additional sales tax and property tax revenues after development of the site. He noted that some of the other businesses located in the area have voiced support for development of the site with the proposed use. He noted that since the last Plan Commission discussion, the petitioner, Waterway, and their consultants, have worked to be responsive to the questions and concerns raised and are prepared to provide some additional information as requested. He stated that the project has improved since the original presentation. He stated that he looks forward to the completion of the process and the project. Mike Goldman introduced the project team including experts in the fields of engineering, traffic, acoustics and landscaping. He noted that the entire team is available for questions. He stated that Mr. Patera will review the work done in the last year and a half to respond to issues raised by community members. He stated that the team has listened carefully to the comments and concerns. He added that the team has also worked closely with IDOT to gain approval of an ingress and egress plan. He noted that this site is located at the beginning of the neighborhood business district and stated that consistent with that district, the core customers for Waterway will be the residents living in the area. Nick Patera, Teska Associates, noted that he was brought on to the team since the last meeting to review the overall site plan and to identify improvements that could be made to respond to the comments and questions that were raised and to achieve a pl an that fits well with the surrounding area. He noted that he and other team members met with neighboring property owners and residents and received constructive input. He noted that the B-1 zoning district is auto centric and noted that the south end of the district, on Waukegan Road, near the site now proposed for redevelopment, is at a gateway to the City and to the business district. He stated that one of the goals of the project is to bring character and an anchor to the south end of the business district. He added that the site is a transition point between the residential areas to the east and south, and the business district. He noted that it is important to understand how the site will look from the streetscape and from the neighboring residential properties. He reviewed the enhanced landscape plan pointing out that the plan provides for screening around the perimeter of the property to the east and south, and enhancement of the parkway along the streets. He reviewed the proposed building elevations noting that the buildings have a low profile. He pointed out taller buildings in the area. He reviewed previous and current proposals for vehicle ingress and egress to and from the site. He noted the drying areas at the end of the car wash tunnel and explained how the location of the drying areas greatly limits the number of vehicles that will exit the site on to Everett Road. In addition, he pointed out the bypass lane added at the north end of the drying lanes and explained that on site signage will direct southbound cars that do not enter the drying lanes to the bypass lane. He reviewed a Plan Commission Minutes – March 8, 2017 Meeting Page 3 of 17 photometric drawing and pointed out how light levels will be limited at the property lines. He stated that lights near the residential areas will be shielded to direct light on to the development site. He reviewed a drainage plan and explained that the site is made up of three drainage areas and described the water flow patterns in each area. He pointed out the inlets that are proposed on the site to handle the water. He stated that no water will be directed off of the site and noted that the employee parking area will be pervious pavers. He described the conceptual landscape plan. Ms. Czerniak stated that this matter was introduced to the Commission in October, 2016 noting that at that time, the petitioner was still waiting to hear from IDOT on the limitations or requirements that would be imposed related to access to Waukegan Road. She stated that today, the site has six curb cuts, four on Waukegan Road and two on Everett Road. She stated that the plan now proposed has three curb cuts, two on Waukegan Road and one on Everett Road, as directed by IDOT. She stated that a copy of the minutes from the October meeting was included in the Commission’s packet. She noted that the property is zoned for commercial use adding that a retail store is permitted outright in the B-1 zoning district and a car wash and gas station are permitted in the district as special uses. She explained that the special use process provides the opportunity for public review of a development plan and allows conditions of use and approval to be imposed. She explained that if only a retail store was proposed for the site, no public hearing would be required. She stated that the City often receives input from people encouraging redevelopment of the parcel. She noted that the site was previously developed with a gas station and garden store and during some seasons, was quite a busy site. She stated that staff recommends that the Commission hear a presentation from the petitioner and listen to public testimony, but not take action because of the volume of information that will be presented. She stated that it would be appropriate for the Commission to provide direction to the petitioner and to request any additional information that may be necessary. She noted that if the Commission is generally supportive of the project, the petitioner could present the project to the Building Review Board, concurrently with the Commission’s review, to allow a more detailed review of the design aspects of the project to get underway. She said that ultimately, recommendations from the Plan Commission and Building Review Board will move forward to the City Council for final action. In response to questions from Commissioner Berg, Mr. Stuart stated that no gas station operators have expressed an interest or willingness to use the site for a stand-alone gas station. In response to questions from Commissioner Culbertson, Mr. Patera reviewed the vehicle ingress and egress plan, the limited turning, movements that are permitted, and the on site circulation plan. He reviewed some of the changes made to the site plan to provide for more maneuvering distance between the gas pumps and the store. He noted the multiple existing curb cuts and pointed out that currently, no turning movements are restricted from the site. He confirmed that the current site plan provides sufficient circulation space for a fuel truck noting that the truck with enter and leave from the southernmost curb cut. He reviewed how cars will circulate through the gas Plan Commission Minutes – March 8, 2017 Meeting Page 4 of 17 pumps, queue up for the car wash and how cars will enter and exit the drying stations. He confirmed that if vehicles are not going through the drying and interior cleaning station, they will be able to exit on to Everett Road, to the east. He acknowledged the concern that the limited cars that exit on to Everett Road may cut through on Mar Lane and Franz Drive to return to southbound Waukegan Road. He stated however that as previously noted, on site signage is proposed to direct southbound traffic on to Waukegan Road. He confirmed that as required by IDOT, both eastbound and westbound vehicles on Everett Road will be able to enter the site. In response to questions from Chairman Ley, Mr. Goldman stated that at other locations, about 82 percent of the customers get a full service car wash that is, they pull into the drying bays. He reiterated that any car that is getting a full service wash will not be able to exit on to Everett Road. In response to questions from Commissioner Culbertson, Mr. Goldman reviewed the hours of operation for the car wash, from 7:30 a.m. to 8 p.m., and the gas pumps and store from 7 a.m. to 10 p.m. every day. He confirmed that an acoustic study was completed and in response, several modifications were made to the plan. He noted that the vacuum system will be located inside the building and will be enclosed by masonry. He noted that at most car washes, vacuum equipment is located outside. He stated that a high speed door is now proposed at the exit from the car wash to minimize noise. He stated that the door will be solid and will be raised and lowered between cars. He noted that the exit from the car wash is located as far away from the residential neighbors to the east and south as possible. He stated that the noise level readings that were taken show that the increase in noise levels at the property lines will be insignificant to the east and south. He stated that the door proposed at the exit of the car wash will help to mitigate noise levels to the north. He added that a fence is proposed on both the east and south property lines. In response to questions form Commissioner Culbertson, Brian Humins, sound consultant for the project, noted that the acoustical report that was included in the Commission’s packet provides data on the sound levels around the property, both existing and proposed. He stated that the modeling that was done did not factor in a high speed door at the exit of the car wash. Chairman Ley noted that he visited the Waterway Car Wash located in Northbrook and stood near the Chase Bank building. He stated that the noise level was significant. He stated concern about noise impacts on the Rectory located on the north side of Everett Road. Commissioner Kehr stated that she also visited the Northbrook location. She noted that the site in Lake Forest does not seem to offer the same opportunities for buffering the exit door as occurs in Northbrook. In response to questions from Commissioner Kehr, Mr. Brian Homen, Shiner Associates, stated that there is not an exit door at the Northbrook location, only a door at the Plan Commission Minutes – March 8, 2017 Meeting Page 5 of 17 entrance to the car wash. He stated that the maximum sound levels occur at the exit door and explained that is why a door is proposed at the exit of the car wash at the Lake Forest site. In response to questions from Commissioner Culbertson, Mr. Goldman confirmed that a seven foot fence is proposed on the east and south property lines but noted that a requirement for an eight foot fence would be acceptable. He stated that a board on board, tongue and groove fence is proposed with decorative masonry columns as the supporting elements. He stated that the masonry columns will be about 16 feet apart. In response to questions from Commissioner Culbertson, Mr. Homen stated that a solid fence, without cracks or gaps, could provide some sound mitigation. He acknowledged that sound can go up and over a fence. He noted however that there will only be air borne sound emanating from the site, no vibrations since no percussive machinery will be used on the site. In response to questions from Commissioner Kehr, Mr. Goldman confirmed that all car washes are seasonal depending on the weather and whether there is snow on the ground. He stated that peak volumes occur when the snow melts and the sun comes out. He stated that Waterway offers a membership and members tend to clean their cars on a regular basis. In response to questions from Commissioner Kehr, Mr. Goldman agreed to re-look at the conditions under which the traffic study was conducted. He noted however that the study and counts taken did consider surrounding activities including the school. In response to questions from Commissioner Ruggl es, Mr. Goldman pointed out the location of the dumpsters and stated that they will be within a solid enclosure that will be constructed of materials to match the building. He stated that garbage service will occur twice a week. He stated that there will not be food waste in the dumpsters so odors will be minimized. He noted areas on the site where snow will be stored after plowing and pointed out the proximity of these areas to the drainage inlets that are proposed for the site. He stated that today, fuel tanks must be designed in accordance with Federal and State regulations and are double lined. He stated that systems will be in place to sound an alarm if a leak occurs. He stated that the car wash is required to have a pit under the car wash tunnel with a drain and a separator. He stated that the pit must be cleaned periodically. He confirmed that neither wastewater, nor detergent is directed to public sewers. He stated that if the existing site is found to need further remediation, beyond what has occurred to date, that work will be completed as part of the redevelopment of the site. In response to questions from Commissioner Freeman, Mr. Homen explained that the sound levels from Northbrook, in combination with the ambient noise levels at the Lake Forest site, were uses to develop the projections. He stated that the additive sound that will result from the car wash appears to be in the one to two decibel range. He Plan Commission Minutes – March 8, 2017 Meeting Page 6 of 17 reviewed the locations where the monitors were set. He stated that the doors proposed at the exit to the car wash will drop the sound level near the Rectory considerably. Commissioner Freeman noted that a letter was received from a neighbor in support of the project along with other letters in opposition to the proposed project. In response to questions from the Commission, Mr. Goldman clarified that the equipment supporting the vacuum system is in the concrete building and the vacuum lines will be buried underground. In response to questions from Commissioner Henry, Mr. Goldman described the proposed monument sign noting that as proposed, it has a masonry base and lighting. In response to questions from Commissioner Henry, Ms. Czerniak confirmed that the signage plan will require Building Review Board consideration. She acknowledged that left turns are made into Forest Square despite the fact that the entrance is designed to discourage left turn movements. She stated that the design of the curb cut will need to be considered carefully by the City Engineer and IDOT to assure that left turns do not occur. In response to questions from Commissioner Freeman, Mr. Patera reviewed the on site circulation and confirmed that fuel delivery trucks will be restricted from turning left out of the site. In response to questions from Commissioner Freeman, Mr. Goldman confirmed that a very limited selection of hot food will be sold at the convenience store. Commissioner Freeman encouraged the petitioner to give further thought to the location of the dumpster enclose noting that it could be located closer to the building and further from the residential areas. In response to questions from Commissioner Culbertson, Mr. Goldman stated that there are 10 to 12 employees on site for a typical shift. He stated that 37 parking spaces are proposed on the site with 16 allocated to employees, at the east side of the site, to accommodate shift changes. In response to questions from Commissioner Culbertson, Mr. Goldman explained that fuel trucks can only turn right. He agreed to re-look at the circulation route for fuel trucks on the site to assure that there is no conflict with parking. He stated that the work shifts are short so employees do not usually take a break on the site. In response to questions from Commissioner Berg, Mr. Goldman acknowledged that the site has a unique configuration but stated that the layout as now proposed works well and is a very typical layout. He noted that in response to previous Commission comments, the site plan was modified to eliminate some of the “pinch points” and widen some of the on site travel lanes. He explained that most Waterway customers are Plan Commission Minutes – March 8, 2017 Meeting Page 7 of 17 return customers and understand how to move through the site. He reiterated that there will be directional signage on the site. In response to questions from the Commission, Mr. Patera explained that the goal is to put in as much landscaping as possible without compromising the ability for the plants to grow and thrive. He stated that there will be particular focus on the streetscape. He stated that careful attention will need to be paid to balancing landscaping with sightlines and circulation into, out of and within the site. In response to questions from Commissioner Kehr, the traffic engineer from KLOA, said that based on a traffic study of the area completed by the City about five to six years ago, incremental improvements were identified for the Waukegan and Everett Roads intersection but have not yet been funded. He noted that anticipated improvements include some turning lane enhancements and improved coordination between the traffic and train signals. He stated that the added lane capacity is only planned for the west side of Waukegan Road. In response to questions from Commissioner Kehr, Mr. Goldman stated that the plan for ingress and egress was developed based on requirements established by IDOT. He stated that IDOT determined that the proposed development does not require significant modifications to the intersection. He stated that if Everett Road is widened in the future, the development would still be viable as planned. Hearing no further questions or comments from the Commission, Chairman Ley invited public comment. Richard Sugar, 1059 Mar Lane, stated that in order to grant a Special Use Permit, the Commission must consider three major factors: whether the proposed use impedes public safety or the general welfare of the community, whether it diminishes property values, and whether is causes traffic congestion. He added that noise, light and ground pollution issues should also be considered. He questioned why the Commission is even considering this petition noting that in 1990 and 1991 the City found that the criteria were not met and denied a petition to add a car wash to the gas station that was on the site at that time. He stated that since then, the conditions in the area have only gotten worse. He stated that the proposed use will increase traffic and air quality problems at the Waukegan and Everett Roads intersection. He stated that there are 14 crashes a year at the intersection and said that the proposed development will result in more accidents and more injuries. He noted that the population and development in the area is increasing identifying the new Mariano’s and Northwestern Lake Forest Hospital as uses that will add traffic to Waukegan Road and the already dangerous intersection. He stated that the traffic study that was conducted by the petitioner was flawed noting that it was done during the summer when there is less traffic. He stated that no attention was paid to the fact that traffic will use Mar Lane as a cut through to Waukegan Road. He noted that Mar Lane is narrow. He stated that the sound study conducted by the petitioner was also flawed. He stated that as a result of the light and noise from the development, people living in the area will not be able to sell their Plan Commission Minutes – March 8, 2017 Meeting Page 8 of 17 homes. He pointed out that no study was presented about the potential for air and ground pollution resulting from the new development. He stated that he and other neighbors had a valuation study completed by an appraiser, Michael Marous, who is respected in Lake County. He stated that the conclusion was that home values will decrease as a result of the development. He stated that the residents of the Lake Forest Chateau development are prepared to go to Court if necessary. Jim Monroe, 1030 Mar Lane, stated that he is considered pro-business by most people. He stated that he is in favor of improving the property and expanding the City’s tax base. He stated however that the proposed use is not appropriate for the parcel given the configuration of the property and the common property lines with the residential neighbors. He noted that over the past few days, a grass roots effort to oppose the petition was formed. He stated that 150 residents signed a petition stating opposition to the proposed development. He stated that if the project is approved, it will have an adverse effect on property values in the area, will be detrimental to health and safety, and will forever alter the quiet residential neighborhood in the area. He stated that the development will be detrimental to those who stand to lose value in their homes and those who will see their retirement compromised. He noted that the proposed development will force people who live in the area to alter their routines due to traffic or other impacts. He stated that some residents will be impacted by the headlights from cars visiting the business. He stated that residents will not be able to walk in the surrounding neighbors due to the hazard from cut through traffic. He said that neighboring residents will be exposed to noxious fumes, their sleep will be disrupted and residents will not be able to enjoy parts of their homes. He stated that residents who purchased their homes in the area prior to this development will be impacted. He noted that many people oppose the proposed development and questioned how so many people could be wrong. Gretchen Seidel, 1111 S. Waukegan Road, stated that she moved into a condominium unit adjacent to the property two years ago. She stated that the purpose of the B-1 zoning district is to provide businesses that serve residents in nearby neighborhoods. She stated that given the magnitude of the proposed development, it is clear that it is intended to serve a larger area. She stated that as proposed, the car wash is larger than other car washes in Lake Forest. She stated that ten fuel pumps are proposed, more than the number of gas pumps at other gas stations in Lake Forest. She stated that the proposed use does not fit in with the neighborhood. She stated that she is a walker and chose to live near the train station. She stated that she would love to see a business located on the property noting that today, the corner is unsightly. She added that something should be done about the existing building. She agreed with the concerns raised about drainage and the landscaping proposed for the development. She stated that in her opinion, selling or leasing the property to Waterway Car Wash is not the best way to develop the property. She asked the Commission to follow the Code and listen to the residents noting that the proposed use does not make sense. Michael Mulqueen, 1038 Mar Lane Drive, noted his experiences in the Marine Corps and running a business. He stated that his property is 40 to 50 feet from the proposed Plan Commission Minutes – March 8, 2017 Meeting Page 9 of 17 development. He stated that he agrees with all of the issues raised by the other speakers: pollution, noise and traffic. He asked the Commission to take a hard look at the proposal and do the right thing. Jill Kaz, 1045 Mar Lane, stated that she moved to the area three years ago because it was a serene area, with a pond, a place to walk the dog, and a place to stay safe. She noted that she is able to walk to Sunset. She stated that she is concerned about safety. She noted that in the summer there are lots of bicycles on Everett Road and stated that there are existing conflicts between bicycles and vehicles. She asked the Commission to think about the safety of the residents who will be living near the proposed development. She noted that someone from Lake Bluff told her that her parents were seriously injured at the Waukegan and Everett intersection about 10 years ago. She asked the Commission to think about the traffic from Pasquesi’s Garden Store that occurred in the spring resulting in a backup on Waukegan Road. She stated that the same will occur with the proposed use. She noted that traffic speeds are high on Waukegan Road in this area adding that if cars slow to turn into this site, there will be problems. David Kaz, 1045 Mar Lane, stated that he visited the Waterway Car Wash in Northbrook and stated that he cannot picture that development on this site. He stated that ten gas pumps will create noise and fumes in the neighborhood. He stated that a sound study should be conducted at the gas pumps, not just at the car wash. He stated that this area is an accident magnet today. He stated that efforts should be made to decrease congestion in the area and noted that this development will increase congestion. He stated that he is very pro-business and is all about property rights but noted that the proposed development will impact his property rights, cause noise, pollution and traffic impacts. He stated that the proposed development will cause danger and impact the value of this house. He said that if property values go down and accidents increase in the area, there will be lawsuits. Gary Spann, 1111 S. Waukegan Road, stated that he has lived in the Villas of Lake Forest for 20 years. He stated that the north wall of the north building is 10 feet from the property line. He stated general agreement with the comments of the other speakers. He asked the Commissioners whether they would like to have the Waterway development near their homes and asked them to consider which aspects of the project would be most objectionable. Rudy Schwatz, 1036 Mar Lane Drive, stated agreement with other speakers. He stated that his property will be badly affected by what is proposed noting that he lives 20 feet from the proposed car wash. He stated that his patio will smell the exhaust fumes. He stated that he will have to sell his house and lose money. Walter Wade, 1028 Mar Lane Drive, stated that he has lived in Lake Forest for over 23 years. He stated that west Lake Forest has been forgotten but is finally seeing some retail and medical office development. He stated that between Lake Cook Road and Route 176 there are 14 gas stations, five car washes and car dealerships that offer car Plan Commission Minutes – March 8, 2017 Meeting Page 10 of 17 washing. He stated that there is no mention in the strategic plan of a car wash in the Waukegan and Everett Roads area. He stated that a car wash is not needed and is not compatible with the area. Scott Gride, 1025 Franz Drive, stated that he is relatively new to Lake Forest. He agreed that the Waukegan and Everett Road intersection is dangerous. He stated that Franz Drive and Mar Lane are used now as a cut through between Everett and Waukegan Roads and that this project will increase cut through traffic and subject neighbors to more traffic. He stated that the area is not well lit. Father Larry Dunn, Pastor at St. Patrick’s Church, stated that the 911 Waukegan Road structure, across from the exit from the car wash, is a residence owned by the Church. He noted that there are two churches on the St. Patrick’s Church property, one built in 1910 and the other in 1997. He stated that the original Church is a historic landmark. He said that rather than tear down the historic Church, a new one was built. He stated that there are services on the site every day and frequent weddings, baptisms and funerals. He stated that he is worried about the noise from the car wash noting that the Church provides for the spiritual well-being of people. He stated concern about overflow parking occurring in the Church parking lot. He agreed that the intersection is a problem along with the cyclists riding two or three abreast. He added that drivers distracted by phones and driving too fast on Waukegan Road are also a problem. He noted that people speed up to get through the traffic light. He encouraged the Commission to watch what happens today at the intersection. Elizabeth Tike, 1077 Franz Drive, stated that she has lived in the area for over 45 years and said she never would have moved in if she knew this type of development would occur. She stated that when she moved to the area it had a country feel which no longer exists. She stated that a Special Use Permit for a gas sta tion, convenience store and car wash does not make sense on the busy corner. Laura Burke, 1111 S. Waukegan Road, stated that if the development moves forward, she will face increased traffic adding that the Commissioners are welcome to sit in her living room and see the traffic that exists today near her home. She stated that it is difficult to turn into the driveway for her development from Waukegan Road due to the traffic and said that added traffic will make it more difficult. She stated that she is concerned about how close the driveway for the proposed development is to the south property line, near her building. She stated that she is also concerned about light impacts. Taylor Monroe, 1030 Mar Lane Drive, she noted that vehicles from the Fire Station use the intersection along with employees in the area and bikers. She noted that children ride bikes along the sidewalk now and will be impacted by the proposed development. She asked the Commission to consider the impacts of the proposed development on the daily life of residents in the area despite how attractive the development may be to the City. Plan Commission Minutes – March 8, 2017 Meeting Page 11 of 17 Hearing no further requests to speak, Chairman Ley noted that Mr. Sugar registered to cross examine the petitioner and invited Mr. Sugar to the podium. Mr. Sugar stated that the proposed development should be on a larger site and suggested that Mr. Stuart consider approaching the City about swapping the property on the southeast corner of Everett and Waukegan Roads for the City owned property on the northeast corner of Waukegan and Westleigh Roads. He stated support for the development, but stated that he does not want to see it in the location now proposed. In response to a question from Mr. Sugar, Mr. Stuart said that the negotiations with Waterway were about the Waukegan and Everett Roads site, the property owned by his family. Hearing no further questions from Mr. Sugar, Chairman Ley invited final questions or comments from the Commission to the petitioner and staff, Commissioner Culbertson asked that when the petition is presented to the Commission for action, the Special Use Permit criteria and other applicable provisions in the Code be detailed in the staff report. Commissioner Henry noted that in the early 1990’s a gas station was located on the northern part of the site and the addition of a car wash was proposed in that area. Commissioner Ley asked for more information on the relationship and distance between the St. Patrick’s Church Rectory and the proposed project. He asked for further information on noise impacts on the Rectory. He asked for comparative information on noise levels to assist the Commission in understanding what the specific noise levels mean. He asked for a comparison of what is proposed on the Everett and Waukegan Roads site and the existing development in Northbrook. He stated that it is important for the Commission to understand how the proposed development compares in size to the facility built in Northbrook. He stated that good information was offered by both the petitioners and residents. He stated that he would like to see the review process continue to move forward. He asked for input from the other Commissioners on whether the Commission should continue to consider this matter or vote on it now. Commissioner Freeman expressed concern about requiring the petitioner to spend the time and money necessary to move forward to the Building Review Board given the questions that remain and the requests for additional information. He noted that if the Commission is not in general support of the petition, that message should be given to the petitioner to avoid further work on their part. He stated that if the Commission continues the petition, clear direction should be provided on the issues on which further discussion and information is needed. He stated that in his opinion, clearer information is needed on traffic circulation, noise impacts, fuel truck maneuvering and the dumpster location. Plan Commission Minutes – March 8, 2017 Meeting Page 12 of 17 Commissioner Kehr stated that she remains conflicted about the petition. She stated that the business appears to be well-operated and the petitioner has addressed a number of the issues that were previously raised by the Commission and members of the public. She noted that since the introductory presentation, the gas pumps were repositioned, a bypass lane was added at the north end of the site, the size of the convenience store was reduced and a door was added to make the store more accessible. She acknowledged that the proposed site is a busy corner. She noted that there was a gas station on part of the property until the mid-2000’s. She noted that the location is impacted by the railroad crossing, a school and a church and commented that traffic will likely only increase in the area. She noted that the limitations of the site make it difficult to provide a good buffer for the residential neighbors. Commissioner Culbertson noted that the gas station was located only on the north portion of the site. He questioned whether there was a Special Use Permit for the previous gas station. He stated that if the proposed site was across the street and not adjacent to the residential properties, the decision would be easier. He acknowledged that the nearby residents purchased their properties with the knowledge that this site was zoned B-1, for commercial uses. Commissioner Berg noted that he has continuing concerns about the circulation on the site. He questioned when the Lake Forest Chateau development occurred noting that the site now proposed for redevelopment was previously developed with commercial uses and is not a green field. He questioned whether it is fair for neighboring property owners to say the site cannot be developed. Commissioner Culbertson stated that he would be supportive of development of the site with a use that complies with the B-1 zoning, without a Special Use Permit. He stated that he is reluctant to support a change in the zoning on the property. Commissioner Freeman clarified that a change in the zoning is not requested pointing out that gas stations and car washes are permitted in the B-1 zoning district as special uses. He noted that a gas station is intended for repetitive use of nearby residents. He stated that although he is sympathetic to both sides of the argument, the proposed uses are not inappropriate uses in the B-1 district if they can meet certain standards. Commissioner Henry reviewed the other uses in the area noting the adjacency of differ types of uses to each other including different types of residential development ranging from acre and a half lots to the east and multi-family development closer to Waukegan Road. He noted that the property owner has clear rights within the scope of the B-1 District which include seeking a special use permit. He noted that Lake Forest has a reputation for having a difficult review process. He stated that the City cannot require the property owner to make the site a dog park. He suggested that in fairness to the petitioner, rather than extend the process, the Commission should consider the petition as presented and not try to fine tune the details. He stated that the property has always been a commercial property. He agreed that there are details of the plan that still need to be worked out but stated that he is inclined to support the project subject to Plan Commission Minutes – March 8, 2017 Meeting Page 13 of 17 the staff recommendations. He made a motion to approve the recommendations presented in the staff report indicating general support for the project. The motion was seconded by Commissioner Ruggles. Chairman Ley invited discussion on the motion. Commissioner Freeman offered a friendly amendment eliminating the recommendation in the staff report requiring the petitioner to move forward to the Building Review Board before final action by the Plan Commission. Commissioner Culbertson stated his hope that the Commission will consider the criteria for special uses carefully before final action. Commissioner Ruggles agreed that the special use criteria should be addressed in detail. Chairman Ley stated that he will reluctantly support the motion but noted to get his vote on the final approval; he will need to see the noise impacts on the Rectory addressed in some manner for instance by replacing the window glass on the south side of the building at the petitioner’s expense. He stated that he will remain to be convinced on the noise issue. He clarified that the motion on the table is to accept the staff recommendation to indicate general support for the petition subject to the following recommendations. 1. Explore options for further reducing noise from the car wash tunnel. In particular, opportunities to reduce noise impacts on the St. Patrick’s Church Rectory located directly across Everett Road from the exiting end of the tunnel should be explored. 2. Consider increasing the height of the perimeter fence between the development site and the adjacent residential and office parcels. Consideration should also be given to the benefits, or lack thereof of replacing the fence, or portions of the fence, with a masonry wall. 3. Provided details on the ingress, egress, circulation and staging of the fuel truck. Details should also be provided on the duration and time of fueling operations. 4. Consider locating the trash and recycling enclosure further from residential areas and provide information on the enclosure and on the pickup schedule and procedures. 5. Consider off site amenities that could be provided to the neighboring residential properties to mitigate visual and traffic impacts. The current plans propose some plantings on neighboring properties, provide more details on Plan Commission Minutes – March 8, 2017 Meeting Page 14 of 17 the process that will be used for gaining the neighbor’s approval for the plan, implementing the plan and information on the size of the trees at time of planting and anticipated size at maturity. The neighbors noted that the residential streets in the area are very dark. Given the potential for some increased traffic on Franz Court, near the intersection with Waukegan Road, the petitioner could bear the cost of installation of one or two streetlights to enhance safety for the residents in this area. The City could take on the responsibility of maintaining the light(s) on an ongoing basis. 6. Direct the City Engineer to review any additional information or revised plans submitted by the petitioner. The motion was approved by a vote of 5 to 2 with Commissioners Kehr and Culbertson voting no. 4. Public Hearing and Action: Consideration of a request for approval of the tentative plat for Saunders Estates, a 4-lot subdivision proposed on property located at 480 Saunders Road. Owners: CCCT, LLC (Todd Polcyn, Chuck Cerniglia, Craig Cerniglia, Chris Cerniglia) Representative: Pat Mosely 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. Mosely stated that he is representing the property owners. He stated that the property totals just less than six acres and is proposed for subdivision into four lots. He stated that the site is vacant but was previously developed with a house and outbuildings. He stated that on site detention is proposed. A representative from Greengard Engineering noted that a variance from the lot width to depth ratio is requested. She stated that all of the lots are about an acre and noted that the detention is located on an outlot. She stated that the berm along the Tollway will be increased in height to help mitigate noise from the Tollway. Ms. Czerniak stated that the proposed subdivision is before the Commission for tentative approval . She stated that if tentative approval is granted, that will be an indication to the petitioner that the subdivision is generally acceptable and that final engineering work should proceed. She stated that the final plat of subdivision will come back to the Commission for final consideration. She provided some background noting that the Saunders Road area was annexed to allow the extension of City water and sanitary sewer several years ago at the property owners’ request. She noted that the extension Plan Commission Minutes – March 8, 2017 Meeting Page 15 of 17 of sewer and water was funded by the establishment of a Special Service Area which allows the cost of the improvements to be assessed to the property owners over a 20 year period. She stated that the newly created lots will result in a reapportionment of the remaining costs to the total number of properties, including the three new lots. She stated that the subdivision complies with the R-3 zoning and subdivision regulations except for the lot width to depth ratio requirement. She noted however that the deeper lots in this case provide the opportunity for more landscaping and berming to buffer the properties from the Tollway. She added that the width of the lots is sufficient to support well designed homes. She noted that the house that was previously on the property was deemed a health and life safety hazard and was required to be removed from the site. She noted that the staff report recommends approval of the tentative plat of subdivision subject to conditions as detailed in the report. She noted that she received a phone call from Mr. Scholler, the owner of property located to the north of the property who expressed concerns about drainage. She explained that Mr. Scholler’s property is upstream of the property and reiterated that detention will be accommodated on the southwest portion of the development site. In response to questions from Commissioner Freeman, Ms. Czerniak confirmed that the width of the lots provides sufficient area to allow for a well -designed house. In response to questions from Commissioner Henry, the representative from Greengard Engineering noted that the site will be regraded necessitating the removal of several trees. In response to questions from the Commission, Ms. Czerniak stated that the City arborist recommended that between tentative and final approval of the plan, further consideration of the buildable areas should occur in an effort to preserve a few particularly significant trees. Commissioner Berg stated that in this case, it would be appropriate to allow some flexibility with respect to removal of the trees given the importance of berming and planting to mitigate the noise impacts of the Tollway. Hearing no further questions or comments from the Commission, Chairman Ley invited public comment. He swore in all those planning to testify. Michael Sullivan stated that he lives across the street from the property. He said that the petitioners met with him to review the plans and considered his input. He stated that as a neighbor, he is in total support of the subdivision as proposed. Fahad Farouqi, 41 Saunders Road stated that it would be nice to see development on the site. He stated that he and his family plan to build a home in the area. He said that noise from the Tollway makes the area challenging and noted that it would be helpful to have some additional protection from the Tollway. He stated that he is in support of more homes in the area. Plan Commission Minutes – March 8, 2017 Meeting Page 16 of 17 Hearing no further comments from the Commission, Chairman Ley invited a motion. Commissioner Freeman made a motion to recommend approval of the tentative plat of subdivision for the Saunders Estates Subdivision subject to the following conditions. Prior to Plan Commission consideration of the final plat of subdivision the following conditions shall be met to the satisfaction of the City Engineer, City’s Certified Arborist and the Director of Community Development. 1. A clear final plat of subdivision shall be prepared. The plat shall include standard notes and shall not reflect grading or tree locations (those should be fully reflected in the engineering drawing set). In addition, the plat shall reflect the following: a. The buildable areas on each lot shall be configured to provide increased setbacks where feasible to preserve and protect the most significant trees as identified by the City Arborist, to the extent reasonably possible. b. A note shall be included on the plat stating that the Homeowners’ Association is responsible for all ongoing maintenance of the Outlot including maintenance of the detention area, all components of the on site stormwater management system such as swales and pipes, and the berm. c. A note shall be included on the plat stating that all of the new homes shall be equipped with residential sprinkler systems for fire protection due to the limited access into the area. d. A note shall be included on the plat stating that no further subdivision of the Outlot is permitted. 2. Final engineering plans which have been determined to be complete, accurate and in conformance with all applicable regulations and standards by the City Engineer, and any other documents deemed necessary by the City Engineer shall be on file, in final form, with the City. a. Approvals from any outside agencies must be submitted as directed by the City Engineer. b. The engineering plans shall reflect the preservation of the existing topography to the extent possible with any grade changes kept to the minimum necessary to meet good engineering practices. 3. A final tree removal and tree preservation plan shall be submitted for review and approval by the City’s Certified Arborist. The plat shall include a total of tree inches proposed for removal and a pre, during and post construction plan for protection of the trees identified for preservation. 4. A final landscape plan shall be submitted and will be subject to the review and approval of the City Arborist and shall reflect plantings proposed on the Outlot, in the area of the detention basin and on the berm. The plan shall also detail Plan Commission Minutes – March 8, 2017 Meeting Page 17 of 17 proposed streetscape plantings. Street trees shall be provided in part as replacement inches for other trees removed from the site and consistent with the requirements for street trees as part of development of a new subdivision. Landscaping of the individual lots will be considered at the time development of each lot is proposed. 5. A draft of the Declaration of Covenants shall be submitted and will be subject to review and approval by the Director of Community Development and if appropriate, the City Attorney. 6. All fees due to date must be paid. The motion was seconded by Commissioner Culbertson and was approved by a vote of 7 to 0. 5. Additional public comment on non-agenda items No testimony was presented on non-agenda items. 6. Additional information from staff. The meeting was adjourned at 9:41p.m. Respectfully submitted, Catherine Czerniak Director of Community Development