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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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