PLAN COMMISSION 2014/10/08 MinutesThe City of Lake Forest
Plan Commission
Proceedings of the October 8, 2014 Regular Meeting
A regular meeting of the Lake Forest Plan Commission was held on Wednesday,
October 8, 2014, at 6:30 p.m., at City Hall, 220 E. Deerpath, Lake Forest, Illinois.
Commission members present: Chairman Michael Ley and Commissioners Guy Berg,
Tim Henry and Jeff Kuchman
Commissioners absent: Commissioners Jim Carris, Lloyd Culbertson and John
Anderson
Staff present: Catherine Czerniak, Director of Community Development
1. Introduction of Commissioners and staff.
Chairman Ley introduced the members of the Commission and City staff.
2. Consideration of the Minutes of the September 10, 2014 meeting of the Plan
Commission.
The minutes of the September 10, 2014 meeting were approved with one correction
as requested by Chairman Ley.
3. Action: Continued consideration of tentative approval of the Oak Knoll
Woodlands Subdivision, a 16 – lot Planned Preservation Subdivision. The petition
includes 1) a request for a zone change from R-5 to R-4, 2) application of the
Planned Preservation and Historic Open Space Overlay District and 3) tentative
subdivision plat approval. An associated Special Use Permit would be required as
part of final approval of the plat of subdivision.
Presented by: Richard M. Swanson, Developer
Chairman Ley noted that this item is scheduled for Commission action. He reviewed
the various components of the request. He stated that the public hearing on this
matter was closed at the September meeting. He asked the Commission for any
conflicts of interest or Ex Parte contacts. Hearing none, he noted that although the
public hearing was closed at the last meeting, five additional pieces of
correspondence were received since that meeting. He stated that the Commission
has accepted that additional correspondence into the record but noted that the
correspondence is from people who previously testified on this matter and noted that
no new issues were raised in the correspondence. He stated that the public hearing
on this matter will not be re-opened. He stated that the petitioner will be offered the
opportunity to provide rebuttal to public testimony later in the meeting. He noted
Plan Commission Minutes – October 8, 2014 Page 2 of 7
that staff provided a written response to public testimony and invited questions or
requests for clarification from the Commission on that response.
In response to questions from Commissioner Berg, Ms. Czerniak confirmed that if
tentative approval of this petition is granted, prior to consideration of a request from
the petitioner for final approval of this petition, final engineering plans and other
detailed plans will need to be prepared and any approvals that may be required
from outside agencies will need to be obtained. She stated that to date, preliminary
engineering, tree removal and landscape plans have been reviewed by City staff
and the recommendation for tentative approval is based on review of the
preliminary information. She confirmed that tentative plat approval is intended to
give the petitioner some certainty that the overall development plan is acceptable if
all of the technical requirements can be met as the final analysis, calculations and
plans are developed and reviewed.
In response to a question from Chairman Ley, Mr. Swanson stated that the houses in
the proposed development are expected to range in size from about 4,500 to 5,000
square feet.
Hearing no further questions from the Commission, Chairman Ley stated that the
petitioner did not have an opportunity to provide rebuttal to public testimony at the
last meeting. He noted that the petitioner was provided with the additional letters
that were accepted into the record. He invited a rebuttal to public testimony from
the petitioner.
Mr. Swanson stated that a density transfer is not proposed. He explained that as
permitted by the Code, lots that are smaller than the minimum lot size in the zoning
district are proposed on a portion of the property providing the opportunity for
preservation of open space. He noted that there is a historical precedent in the
community for this approach to developing land. He stated that as required, he
submitted a plan demonstrating how a conventional subdivision could be created
on the property noting that plan achieved 17 lots without impacting undevelopable
portions of the site. He stated that the plan presented proposes 16 lots. He reviewed
the wetland buffer requirements noting that the required buffer areas can be
incorporated into lots. He stated that the plan meets all of the applicable
requirements. He stated that preliminary meetings have been held with Lake County
Stormwater Management Commission and the proposed development approach
received support. He acknowledged that further review and approval from SMC will
be required during the final phase. He spoke to the use of Stablewood Lane for
access for the new development and stated that various attorneys reviewed the
status of Stablewood Lane and confirmed that the road is private and that the new
development is not entitled to access from Stablewood Lane. He commented that if
Stablewood Lane was available for access, the subdivision would have been
designed accordingly. He noted that he had conversations with some residents of
Conway Farms and received further confirmation that the road is private and not
Plan Commission Minutes – October 8, 2014 Page 3 of 7
available for access for the new development. He stated that consistent with other
subdivisions in the community, the Homeowners’ Association for the new
development will be responsible for the ongoing maintenance of the wetlands and
detention pond. He noted that the report prepared by Burke Engineering, on behalf
of the neighbors, supports the plan and stated that his wetlands consultants will
provide some further information in response to the public testimony. He noted that
at the previous meeting, the Chairman asked whether the setback distance could
be increased from the house to the immediate south of the development, the
Sundberg property. He stated that after reviewing the current conditions and the
plan as proposed, he found that the Sundberg’s house is setback about 50’ from the
property line and noted that a corresponding 50’ setback is provided on the plat for
the new development. He stated his expectation that there would likely be about a
140’ separation between the Sundberg’s house and the closest house in the new
development. He stated that the anticipated separation distance is consistent with
the pattern of existing development in the neighborhood. He introduced his
wetlands consultants to respond more directly to some of the technical questions
raised during the public testimony.
Joy Corona, Bleck Engineering, noted that the exhibit provided by Burke Engineering,
on behalf of the neighboring property owners, assumes a complete avoidance
requirement for wetlands and wetland buffer areas. She noted that the regulations
do not require complete avoidance. She stated that the regulations allow for certain
shifting and buffer averaging. She stated that the regulations do not require
developments to preserve all impacted areas, but allow flexibility and options to
achieve no net loss of wetlands. She stated that the 17-lot conventional plan was
developed consistent with what is allowed by the applicable regulations. She stated
that this background is offered to help to explain the reasonableness of the
conventional plan presented.
Vince Mosca, Hey and Associates, stated that there is a process that must be
followed before wetland permits are issued for a property. He stated that all of the
wetlands on this site were determined to be isolated wetlands and as a result, are
under the jurisdiction of Lake County. He confirmed that as stated by Ms. Corona,
provisions exist to allow some filling and buffer averaging. He added that the
regulations also provide mitigation options, on site options, off site options and
payment in lieu of mitigation. He stated that the regulations provide incentives to
avoid impacting wetlands, but also offer opportunities to mitigate impacted
wetlands.
In response to a question from Chairman Ley, Mr. Swanson stated that he has no
further rebuttal comments.
Chairman Ley invited Commission comment and deliberation.
Plan Commission Minutes – October 8, 2014 Page 4 of 7
Commissioner Berg noted that there has been lots of input from the neighborhood on
this petition and that the Commission has had time to digest the information. He
stated that after reviewing the various components of the request and the input
received, he is supportive of the staff recommendation. He noted that there will be
much work for the petitioner to do between tentative approval and final
consideration of the petition. He stated that this action is not a green light to
proceed with the development. He noted that the developer will need to spend a
considerable amount of money, complete due diligence on various issues and work
with outside agencies before bringing this back to the Plan Commission for final
consideration.
Chairman Ley stated that the role of the Commission is to balance competing
interests and make a reasoned recommendation to the Mayor and the City Council.
He stated that the Council is the final decision maker on this petition. He stated that
the Commission has heard the voices of the petitioner and of the opponents and
weighed the testimony carefully. He stated that he visited the site multiple times,
heard about 6 hours of testimony and read an estimated 200 pages of written
communications including those prepared by various professional consultants. He
stated that the Commission has read the materials prepared by staff and noted that
he reviewed tapes of the meetings in addition to being present at the meetings. He
stated that he is ready to make an informed recommendation to the City Council on
this petition. He stated that in his opinion, taking into account all of the information
provided, approval of this petition at this tentative phase, is in the public interest, not
sol el y in the interest of the petitioner. He stated that the proposed development will
add to the diversity of housing products available in the community and will attract
people to Lake Forest. He noted that the population of Lake Forest has declined in
recent years. He explained that diversity in housing types is identified as a goal in the
City’s Strategic Plan which was approved by the City Council. He stated that the
proposed development plan protects some wetlands and addresses drainage noting
that development and environmental protection are not a zero sum game. He
stated that this petition offers both. He stated that the proposed development is
generally consistent with the residential character of the surrounding neighborhoods
to the south, north and west. He stated that a variety of housing choices is consistent
with the pattern of development in the community. He stated that 16 lots on this
property appears to be reasonable adding that the proposed lot size reflects what
some buyers want. He noted that many people testified that they understand that
the property will be developed but stated that 16 lots is too many. He stated that
satisfactory reasons for a plan with fewer lots were not presented. He stated that
sending the petitioner back with the direction that 16 lots is too many is not
appropriate based on the information presented. He stated that in his opinion, the
proposed Oak Knoll Woodlands development will not change the character of the
neighborhood as a whole and will not create burdensome traffic or drainage
problems. He noted that the Homeowners’ Association will be responsible for
ongoing maintenance of the drainage and open space areas. He stated that he
does not accept the argument that the property should remain zoned R-5. He noted
Plan Commission Minutes – October 8, 2014 Page 5 of 7
a comment made during public testimony that the previous Director of Community
Development inappropriately influenced the city staff on this matter and stated that
no evidence whatsoever was presented to support that allegation noting that it was
inappropriate. He summarized stating that the testimony presented on all sides of the
issue was sincere and thoughtful. He stated that he does not believe that the
proposed development will result in the parade of horribles envisioned by some. He
stated that the development as proposed is in the overall interest of the City of Lake
Forest. He asked the Commission for any further comments, hearing none; he invited
discussion of the staff recommendation and a motion if appropriate.
Commissioner Berg made a motion to recommend approval of the zone change
from R-5 to R-4, application of the HROSP overlay district and approval of the
tentative plat of subdivision subject to the City Council subject to the following
conditions of approval.
The following conditions shall be satisfied prior to consideration of a request for final
plat approval and consideration of the associated Special Use Permit by the Plan
Commission.
1. Review the building setbacks for each lot with the goal of increasing setbacks in
areas where significant trees are located and in the limited areas where new
parcels immediately abut existing development along the south property line.
In the area along the south property line, a setback of 50’ should be achieved.
The subdivision plat should reflect a landscape buffer requirement of 25’ along
the south property line for Lots 1, 14, 15 and 16.
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.
• Approvals from any outside agencies must be submitted as directed by the
City Engineer.
• 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. The final plat of subdivision shall be submitted and determined to meet all
applicable requirements by the City Engineer and Director of Community
Development. The following notes, and any other notes deemed appropriate
by staff, shall be noted on the final plat of subdivision.
• No further subdivision of the open space areas is permitted.
• The Homeowners’ Association is responsible for all ongoing maintenance
of all private infrastructure including, but not limited to all aspects of the
storm sewer system, preserved wetlands and preserved open space.
Plan Commission Minutes – October 8, 2014 Page 6 of 7
• All new homes shall be equipped with residential sprinkler systems for fire
protection.
4. A final tree removal and tree preservation plan shall be submitted including a
total of tree inches proposed for removal. A tree planting plan shall provide a
minimum of inch for inch replacement for the trees removed from the site.
5. A final landscape plan shall reflect plantings along the perimeter of the site to
provide screening from existing adjacent development. The plan shall identify
removals of dead, diseased and vegetation that is failing to thrive in these
areas and reflect on the plan how the gaps left by removals will be filled and
the perimeter areas enhanced.
• The landscape plan shall reflect a landscape buffer along the south property
line in the areas where new lots are adjacent to existing lots in the
development to the south. The landscape plan shall reflect both existing
vegetation intended for preservation and new plantings proposed in a 25’
wide strip along the property line. The plantings in this area are for the
purpose of establishing a landscape buffer between the new development
and the established neighborhood.
6. Residential fire protection sprinklers shall be installed in all residences in the
development.
7. A draft of the Declaration of Covenants shall be submitted subject to review
and approval by the Director of Community Development and if appropriate,
the City Attorney. The following issue, and any other issues deemed
appropriate by staff, shall be addressed in the document.
a. The Declaration of Covenants shall clearly state that the Homeowners’
Association is responsible for the ongoing maintenance of the stormwater
detention pond; all stormwater conveyance pipes, structures and swales;
the wetlands and the open space.
Commissioner Henry clarified for members of the audience that the public hearing
on this matter was closed at the September meeting. He seconded the motion.
Commissioner Berg stated that the Commission has taken considerable time to
review all of the testimony and information presented. He stated that tentative
approval will set in motion further due diligence.
The motion was approved by the Commission in a 4 to 0 vote.
In response to a question from Chairman Ley, Ms. Czerniak stated that the next City
Council meeting is on October 20th and the meeting following that will be on
November 3rd. She stated that at this time, she believes that this matter will be heard
at one of those two meetings.
Plan Commission Minutes – October 8, 2014 Page 7 of 7
Chairman Ley encouraged all those in attendance to watch for when this matter will
be heard by the City Council.
4. Additional information from staff.
The meeting was adjourned at 8:05 p.m.
Respectfully submitted,
Catherine Czerniak
Director of Community Development