PLAN COMMISSION 2013/11/13 MinutesThe City of Lake Forest
Plan Commission
Proceedings of the November 13, 2013 Meeting
A regular meeting of the Lake Forest Plan Commission was held on Wednesday,
November 13, 2013, at 6:30 p.m., at City Hall, 220 E. Deerpath, Lake Forest, Illinois.
Commission members present: Chairman Michael Ley and Commissioners Augie
Ziccarelli, Lloyd Culbertson, Jeff Kuchman, Guy Berg
Commissioners absent: Commissioners Jim Carris 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. Public Hearing and Action: Request for Approval of the Tentative and Final Plat for
the Green Briar Re-subdivision. The property proposed for resubdivision is
addressed as 700 Green Briar Lane.
Property Owner: 700 Green Briar LLC (Peter Witmer, Frank Mariani)
Representative: Peter Witmer, Witmer Architects
Chairman Ley asked the Commission to declare 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 on this matter.
Mr. Witmer introduced the project noting that the property is currently two lots, one
100 feet wide, the other 50 feet wide. He noted that there is an existing residence on
the west side of the property that would be demolished. He stated that the
subdivision is straight forward and acknowledged that the main issue is stormwater.
He stated that Pat Bleck, an engineer who is familiar with this area was hired to
develop a plan for improvements to the stormwater flows as part of the
redevelopment of the property. He reviewed the proposed subdivision noting that
two lots of equal width are proposed. He stated that the lots conform to the zoning
requirements and stated that a drainage easement is proposed and would be
recorded on the deed to each property to address drainage concerns.
Pat Bleck, project engineer, reviewed the existing conditions on the property noting
that today, stormwater flows across the property. He reviewed the pattern of
drainage from upstream properties, across the subject property, and on to
downstream properties. He explained that in addition to water flowing across the
northern part of the property, during heavy storms, water overtops the storm sewers in
Green Briar Lane and flows back on to this property. He stated that the proposed
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plan will accept the overland flow and the stormwater that results from the
overtopping of the sewers on Green Briar Lane and put the water back to where it
flows now, in an enlarged depressional area, near the north property line. He stated
that the historic flow patterns will be maintained, but the re-grading of the property
will protect the houses.
Mr. Witmer stated that during the preliminary planning stages for the project, his team
met with City engineering staff to review drainage issues in the neighborhood. He
stated that he also met with the neighbor to the east to understand past flooding
problems on that property. He stated that the proposed redevelopment of the
property will allow the property to be put to good use and will improve the situation.
Mr. Czerniak stated that the proposed two lot resubdivision is straight forward from a
zoning perspective. She stated that the property proposed for resubdivision is
located on the north side of Green Briar Lane. She explained that this area was
originally subdivided in the 1920’s and was built out over several decades. She
stated that the house on the property was constructed in the 1950’s noting that at
one time, this parcel was configured as three 50 foot wide parcels. She explained
that over time, various property line shifts occurred in this neighborhood. She stated
that the property was recently acquired by the developer as part of the settling of
the estate of the longtime owner of the property who resided in the house. She
stated that the proposed subdivision will create two 75 foot parcels each of which
will exceed the minimum lot size for the applicable zoning district. She noted that like
the other parcels on the north side of Green Briar Lane, these parcels will be very
deep due to the depressional area running along the rear of the lots. She noted that
historically, a ravine ran through the area that is now the rear yards of the properties
along the north side of Green Briar Lane. She confirmed that water currently flows
west to east in this area and must be allowed to continue to do so. She noted that
prior to development of the two parcels; the City will require that a drainage
easement over a portion of the rear yard is recorded on the property deed. She
stated that the easement will prohibit any filling of the area or the construction of any
structures or anything that will impede the flow of water. She confirmed that with the
re-grading of the properties as proposed, the flow of water will be better contained.
She stated agreement with Mr. Witmer that the key concern raised about the
resubdivision is drainage. She stated that the City is aware of past flooding problems
in this area including problems on the neighboring property to the east. She noted
that although the proposed subdivision will provide some improvement, some actions
will also need to be taken on other properties to further improve the situation. She
noted that the proposed work will set the stage for improvements that can be carried
through to other properties at the same time, or, at the time other properties in the
neighborhood redevelop. She added that as part of the redevelopment of the
property, the developer proposes to replace the existing private storm sewer on the
property. She acknowledged that during very heavy storm events, the City storm
sewers surcharge in this area, she noted that the plan takes that fact into account
and provides for an overland flow route that will direct any surcharge away from
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homes and into the depressional area. She stated that the subdivision meets the
applicable Code requirements. She stated that future houses proposed for the
parcels will be reviewed through the standard process. She confirmed that detailed
grading and drainage plans will be required early in that process for both lots.
In response to questions from Commissioner Berg, Mr. Witmer confirmed that the area
of water flow across the property will be moved to the rear of the properties, to the
north, at the time they are redeveloped. He noted that moving water away from the
buildable area and creating a depression to hold more water on these lots, will
improve upon the current conditions experienced by the house to the east.
In response to questions from Commissioner Berg, Ms. Czerniak confirmed that the
existing lot, without subdivision, could be developed with a larger home than exists
on the property today.
In response to questions from Commissioner Culbertson, Mr. Witmer confirmed that in
order to relocate the overland flow routes away from the houses, some tree removal
will be required on the rear of the properties. He stated that for the most part, the
trees that will need to be removed to improve the drainage situation are lower
quality trees.
In response to questions from Commissioner Culbertson, Ms. Czerniak confirmed that
removal of the trees would be considered at the time a site plan is presented. She
stated that inch for inch replacement would be required consistent with the Code
noting that exceptions are made for trees of certain species and in poor condition.
She noted that if the required replacement trees cannot be planted on the site, a
fee in lieu of plantings may be accepted by the City to support street tree plantings
in the surrounding neighborhood.
In response to questions from Chairman Ley, Mr. Witmer explained that the outflow
point for stormwater to the neighboring property cannot be changed without the
consent of the neighboring property owner.
In response to questions from Chairman Ley, Mr. Bleck confirmed the current location
of the flow route on to the neighboring property and acknowledged that it is close to
the house.
In response to questions from Chairman Ley, Ms. Czerniak commented that if there is
agreement or interest from the neighboring property owner, the redevelopment of
the properties created by this subdivision provides an opportunity to do some re-
grading on the neighboring property, in coordination with this project, to push the
overland flow route to the rear of that property as well. She stated that if there is no
interest from the neighbor at this time, the re-grading on that property would be
done at the time that property is redeveloped.
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In response to questions from Chairman Ley, Mr. Bleck confirmed that the proposed
development will not exacerbate the existing drainage conditions on the property to
the east.
Chairman Ley invited public comments.
Ms. Russell, 720 Green Briar, stated that she has lived in the neighboring home for 30
years and there has always been flooding in this area. She stated that the proposed
development needs to be able to take care of any additional drainage to avoid
hurting her property next door. She noted that the sewers in the area surcharge
during periods of heavy rain. She stated that she believes that her property will be
impacted as a result of the proposed development. She stated no objection to the
construction of new houses, but stated that she does not want the drainage
problems on her property to be exacerbated by new development. She asked for
additional time to have an engineer review her situation.
Mr. Am idei, 680 Green Briar Lane, stated that during heavy rains, there is a flooding
problem in the backyard. He noted that he has to pump out his window wells and his
back yard is wet. He stated that when properties are developed, consideration must
be given to impacts on neighboring properties.
Hearing no further requests to speak, Chairman Ley noted that one request to cross
examine was submitted and offered Ms. Russell the opportunity to cross examine.
Ms. Russell stated that she did not wish to cross examine.
Chairman Ley asked for a staff response to public testimony.
Ms. Czerniak acknowledged that drainage and flooding are concerns in this
neighborhood. She explained that the current condition was created many
decades ago and as lots in this area are redeveloped, there is an opportunity to shift
the area of water flow away from the houses. She acknowledged that the yards will
continue to be wet. She also acknowledged that during heavy storm events, the
City storm sewers have surcharged in this area adding to the overland water flows.
She stated that the proposed resubdivision modifies the size of the two existing lots.
She noted that a condition of approval is recommended that requires that a
drainage easement be recorded on the deed to each property at the time of
development to establish an area that will need to remain unobstructed for water
flows. She stated that the easement will better control where the water flows. She
confirmed that City engineering staff reviewed the subdivision as well as conceptual
grading and drainage plans for redevelopment of the parcels and confirmed that
the proposed plans meet applicable standards. She added that staff and the
developer’s engineer met with Ms. Russell to review the plans, explain that there
would be no greater impact on her property and to talk about modifications that
could be made on her property to improve the situation. She stated that the
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problems on neighboring properties cannot be solved solely through this
development however, the plans as proposed provide the opportunity for related
improvements.
Mr. Bleck provided response to public testimony explaining that several years ago, he
was hired to look at Ms. Russell’s property and at that time, he prepared plans for
improvements that could be made to solve the problem on her property. He noted
that to date, the plans have not been implemented. He stated that the resolution is
to push the route of the stormwater flow further back on her property, away from the
house. He stated that the improvements planned for the properties in the
resubdivision will not exacerbate the water flows on Ms. Russell’s property. He stated
that now, or in the future when her property is redeveloped, there is an opportunity to
make improvements that will correspond with those proposed on the new lots that
will enhance her property by elevating the buildable area up to a flood plain
protection elevation.
Ms. Russell expressed continued concern about her property.
In response to questions from Chairman Ley, Mr. Bleck commented that the previous
advice for improvements to Ms. Russell’s property may not have been implemented
due to economics. He reviewed the proposed plan noting how water would be
directed and confirmed that the plan directs water on to the neighbor’s property at
the same place where that flow occurs today consistent with the law. He confirmed
that the plan provides the opportunity to shift that point to the north if the
neighboring property owner agrees, to move the water away from the neighboring
house and provide an improved building pad.
In response to questions from Commissioner Berg, Mr. Bleck confirmed that legally,
downstream properties must accept water from upstream properties. He stated that
some re-grading on Ms. Russell’s property would improve her situation but could not
be done without her agreement.
Commissioner Berg noted that currently, the diagonal flow of water across the
property proposed for redevelopment is directed toward the corner of Ms. Russell’s
house. He noted that in the proposed plan, the water would be funneled down the
center of the property being subdivided and there would be a new house
constructed further protecting Ms. Russell’s house from a direct flow of stormwater
noting that now, during a surcharge of the sewer, the water heads toward her house.
He stated that the proposed development should do a good job of blocking and
redirecting the flow of water. He stated that this seems to be a good opportunity for
some type of agreement between the neighbor and the developer which would
allow the point of overflow on to Ms. Russell’s property to be pulled away from her
house, toward the rear of the lot. He stated that in his view, the subdivision will
benefit the neighboring property.
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Commissioner Ziccarelli commented that with the proposed re-grading, it appears
that there may be a greater opportunity for absorption of stormwater as it travels
over land.
In response to questions from Commissioner Ziccarelli, Mr. Bleck confirmed that the
length of travel for the storm water will increase but noted that he cannot put a
percentage on how much water would be absorbed over what occurs now. He
clarified that the size of the storage area for the stormwater is not decreasing and the
rate of runoff is not accelerating.
In response to a question from Chairman Ley, Mr. Witmer stated that he is hesitant to
see the petition continued noting that the final determination of what improvements
will be made on the site will be determined at the time that plans are submitted for
development of the lots. He stated that coordination with the neighbor at that time
makes sense. He stated that his team has spent a lot of time, money and energy on
the project to date going beyond what would normally be required at this point in
the process to verify that the drainage can be addressed. He stated that a final
grading plan cannot be prepared until a house is designed. He stated a willingness
to work with the neighbor once a house is designed and offer the opportunity to
coordinate improvements on her property along with development of the new lots.
He pointed out that the issue does not stop with the neighboring property noting that
the point at which stormwater exits her property will need to match up with the
property to her east. He stated that the details of the drainage plan cannot be
resolved now.
In response to questions from Chairman Ley, Ms. Czerniak clarified that once the
subdivision is approved, the Plan Commission’s involvement with the project is
complete. She stated that the grading plans submitted at the time applications for
new houses on the lots are filed will not come back to the Plan Commission but will
be reviewed administratively consistent with all applicable regulations and following
any conditions of approval for the subdivision. She suggested that the Commission
could add a condition of approval requiring coordination with the neighboring
property owner at the time the plans are submitted for the new houses and before a
building permit is issued. She stated that the City cannot force the neighbor to make
improvements on her property in coordination with this development, however the
grading plans could be offered for review by her independent engineer if desired
and improvements could be made on her property at the same time the properties
to the west are being developed.
Commissioner Culbertson stated support for the additional conditions as
recommended by staff.
In response to questions from Commissioner Kuchman, Ms. Czerniak confirmed that
the City Engineer has reviewed the plans, met with the petitioners and Ms. Russell and
agree that re-grading of the lots will be required at the time redevelopment occurs
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and that the stormwater can be managed in a way that assures no increase in the
volume or rate of runoff. She confirmed that re-platting of the lots itself does not in
any way cause a re-direction of storm water either to the east or west.
In response to questions from the Commission, Ms. Czerniak confirmed that City
engineering staff will visit the site again prior to approval of final drainage plans to
observe the existing conditions first hand.
Chairman Ley stated support for an additional condition requiring communication
with the neighboring property owner once a final drainage plan is submitted to the
City and prior to the issuance of a building permit.
Commissioner Berg made a motion to recommend tentative and final approval of
the Green Briar Resubdivision plat to the City Council. He noted that the
recommendation is subject to the following conditions of approval which includes
the new condition as summarized by the Chairman.
1. The final plat of subdivision shall be determined to meet all applicable
requirements to the satisfaction of the City Engineer and Director of Community
Development. In addition to all standard notes, the following notes shall be
placed on the plat of resubdivision:
At the time of redevelopment of Lots 1 and 2, a new private stormsewer shall be
installed to direct stormwater to the existing City stormsewer in Green Briar Lane
subject to the review and approval of the City Engineer.
Prior to the issuance of any permits for site work or construction on Lot 1 or on
Lot 2, Drainage Easements shall be recorded on the deeds of the properties
and evidence of such recording shall be submitted for review and approval by
the City Engineer. The location and configuration of the area covered by the
Drainage Easement shall be subject to review and approval by the City
Engineer. In considering the location and configuration of the Drainage
Easement, overland flows shall be directed to minimize impacts on the
buildable areas of downstream properties. No structures or obstructions,
including fences, are permitted in the drainage easement. Vegetation within
the easement area shall be subject to review and approval by the City
Engineer and shall be authorized only if water flows are not obstructed.
2. Prior to the issuance of permits for site work or construction on Lot 1 and Lot 2, the
owner of the adjacent downstream property, addressed as 720 Green Briar Lane,
shall be notified by the City and copies of drainage and grading plans submitted
for the proposed new development shall be made available for review. (The
intent of this condition is to provide the opportunity to coordinate grading and
drainage improvements with the new construction if so desired by the adjacent
property owner.)
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3. All applicable fees must be paid including impact fees for one lot.
The motion was seconded by Commissioner Culbertson and was approved by a
vote of 5 to 0.
The resident of 810 Green Briar Lane stated that she was not notified of this petition
and that other neighbors in the area may not have been notified. She agreed with
the comments of other speakers that there is a serious drainage problem in the area.
At the request of Chairman Ley, Ms. Czerniak confirmed that the public notice that
was mailed for this petition exceeded the notice area requirements. She stated
however that notice was not mailed to the entire neighborhood.
4. Informational Presentation: Introduction of proposed revisions to a previously
approved plan for a portion of the Amberley Woods development located on the
southeast corner of Route 60 and Saunders Road. The plan proposes a retail,
restaurant and service development. A Whole Foods Market is proposed as part
of the commercial development. No Commission action on this item is requested
at this time.
Property Owner: Supera Asset Management
Contract Developer: Shiner Group, LLC on behalf of SCP Amberley, LLC, William
Shiner, Chairman & CEO, Same Ankin, Partner
Consultants: Michael Bleck, P.E. Bleck Engineering, Peter Theodore of Camburas
& Theodore, Tim Sjogren, Traffic Engineer, TADI
Potential Tenant: Scott Saulsberty, Regional Vice President, Whole Foods
Chairman Ley introduced the agenda item noting that at this time this matter is
presented for information only. He stated that no Commission action will be taken on
this item at this meeting. He asked members of the Commission to declare any Ex
Parte contacts or conflicts of interest.
Commissioner Culbertson recused himself from participating in the consideration of
this matter due to a potential conflict of interest.
Commissioner Berg recused himself from participating in the consideration of this
matter due to his involvement with the development project adjacent to this
property to the south.
Commissioners Culbertson and Berg left the Council Chambers.
Chairman Ley noted that the Commissioners that are absent will have the
opportunity to view a video of this presentation. He invited a presentation from the
petitioner.
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Mr. Shiner introduced the petition noting that he is working with the owners of the
property in a joint partnership with the intention of developing a shopping center on
a portion of the Amberley Woods property. He said that his team has been working
on the project for close to a year and has been coordinating with City staff. He
stated that it is not often that developers get the opportunity to come to the City of
Lake Forest or a similar community and stated that he is proud to be here and to
introduce the project which is anchored by Whole Foods. He stated that in his
opinion, Whole Foods is the type of tenant that Lake Forest would like to have and
Lake Forest is the type of community that meets Whole Foods’ goals. He stated that
his group has been in business for 30 years developing primarily food and drug
anchored shopping centers. He stated that his group has close to 80 projects and 8
million square feet in retail. He stated that the projects are primarily in Illinois, but also
in Indiana, North Carolina, Minnesota, California and Ohio. He commented that
there is not a lot of opportunity to do this type of project in this area. He introduced
his project team noting that this type of project is l ike a puzzle, starting with a blank
slate and putting all of the pieces together to create a project that the City is excited
about. He acknowledged that as with any project, there are various interests
including those of the City, Whole Foods and the neighbors. He acknowledged that
there are various issues that need to be addressed including traffic and the visual
appearance of the development. He stated that his team has tried very hard and
feels like the project meets most of the interests. He stated that the intent is to design
the project to tie in with Conway Farms and to create an attractive gateway to the
community. He stated that the building materials and landscaping will be consistent
with Conway Farms noting that the design includes berming, areas of interest and
landscaping to give this development an extraordinary feel. He reviewed that the
property is currently zoned for office use with three story buildings permitted along
with a restaurant totaling about 95,000 square feet. He stated that the development
now proposed will be single story buildings with a total of about 71,000 square feet,
less square footage than would have resulted from development of the site with
office buildings. He stated that this development would not be proposed without
Whole Foods which is a premier grocery store in the Country. He stated that it is a
privilege to work with Whole Foods and to bring them to Lake Forest. He stated that
Whole Foods is a perfect match for the community. He stated that in addition to
meeting with staff to identify issues, his team met with some, but not all, of the
surrounding neighborhood groups to hear concerns. He stated that he met with Ann
Danner, the developer of the condominium site. He noted that a second
condominium building is proposed and will block views from the existing
condominium building into the proposed development. He stated that the roof top
equipment will be screened from view and light will not spillover the property lines.
He stated the intent to make sure that the neighbors to the south and east are
protected as new development occurs. He stated awareness of the importance of
the sightlines coming into the City and also the need to make the center functional
for neighbors coming to shop. He stated that the project needs to make it easy for
people to park and get in and out of the development site. He stated that he
understands that traffic needs to be considered and that there are concerns about
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the use of Amberley Court as a cut through to the shopping center. He noted
however that no project can be considered without looking at the economics. He
stated that he has to make sure that he can raise capital and financing and return
money to investors. He stated that the project will provide annual revenues to the
City of between $650,000 and $700,000. He stated that the project presents a great
design and a great tenant. He invited the members of his team to make
presentations.
Mr. Saulsberty stated that Whole Foods is excited to be part of the community noting
that the stores make great neighbors. He noted that Whole Foods strongly supports
local suppliers and vendors and that the stores are community gathering places
because they offer a coffee bar, prepared foods, a wine bar and a pub. He noted
that the amenities make people want to stay and linger in the store. He stated that
the hours of operation are 8 a.m. to 10 p.m., 7 days a week. He stated that deliveries
are taken from 7 a.m. until noon. He explained that the store will receive a couple
big semi-truck deliveries a day. He acknowledged that a press release implied the
approval of this store was a done deal and explained that was not the intent of that
release. He stated Whole Foods’ commitment to doing whatever it takes to work
with the make this store a reality.
Mike Bleck stated that he was the engineer for the Amberley Woods project when it
was originally approved. He reviewed the drainage on the site noting that drainage
flows from west to east across the site. He pointed out that a storm sewer extends
along Amberley Court to the south edge of this site noting that this storm sewer will
pick up the drainage from the proposed development. He noted that presently,
drainage from the site is sheet flowing to the east to the condominium property. He
stated that much of that flow will be captured with the new development and taken
to the detention basin. He noted that a portion of the parking lot will be permeable
pavers to help manage the stormwater from the development.
Tim Sjogren, Illinois Manager of TADI, stated that his firm was asked to perform traffic
studies for this project. He stated that his team worked closely with IDOT and the
City’s traffic engineer to determine what should be looked at and evaluated. He
stated that the study is being reviewed by IDOT and the City’s engineer now. He
noted that initial feedback from IDOT on the proposed new right in, right out access
from the development on to Route 60 was well received. He stated that he
anticipates getting comments back from IDOT soon and continuing the process of
developing the plan. He stated that the intersection of Route 60 and Saunders Road
was carefully studied and it was determined that the proposed development will
have only a minor impact on the development, increasing traffic at the intersection
by about ten percent. He stated that a second left turn lane on eastbound Route 60
is proposed to facilitate egress to the development site from the east. He added that
the study also carefully looked at the potential for cut through traffic from the south,
from Amberley Court. He stated that members of his firm drove the various routes
people may take to get to the development site many times and stated that in his
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professional opinion, Conway Farms Drive is not a viable route for people going to
the new development with the exception of residents of Conway Farms. He stated
that any increased use of Conway Farms Drive would be negligible. He concluded
stating that the traffic impacts associated with the project will be manageable.
Mr. Aiken, Shiner Group, reviewed the site plan noting that five buildings are
proposed, dispersed on the site; one building for Whole Foods, three multi-tenant
buildings for various retail and restaurant businesses, and one building for a full
service bank with a drive thru. He stated that the primary access to the
development will be a new access point to the site aligned with the entrance to the
office development to the west. He stated that the other access point will be a new
right in, right out access to Route 60. He stated that dual left turn lanes on eastbound
Route 60 are planned to alleviate traffic concerns at the intersection. He mentioned
the conflicting interests of trying to pull the development away from the neighboring
residential properties and trying to preserve the streetscape and the setback. He
noted that an earlier plan showed the commercial buildings closer to the east
property line but the plan was adjusted to increase the setback distance in that area
to 86 feet. He noted that the second condominium building is approved for
construction 50 feet to the east of the property line. He noted that various locations
were considered for the loading dock for Whole Foods and the location selected is
presented because it is furthest away from the neighboring residential uses. He
stated that the loading dock will be fully screened from views from the residential
properties by a wall that will be constructed to the rear of the dock. He stated that
his group worked with the developer of the single family homes to the south to
maintain the residential feel of that neighborhood. He stated that access from the
south will be a secondary access into the commercial development. He stated that
no signage will be located at the connection to the residential development. He
stated that there will be a clear separation between the commercial and residential
uses. He noted that as the development was pushed away from the east property
line, it moved closer to Saunders Road and as a result, the landscaping on the west
side is proposed on the City’s right-of-way. He stated that the owner of the
commercial development will take full responsibility for maintaining landscaping on
the City’s right-of-way. He confirmed that no utilities are located in that area. He
stated that the plan was designed to avoid placing buildings at the corner and to
create an open feature on the streetscape. He stated that no signage is proposed
at the corner, only at the entrances. He stated that the minimal signage will be
consistent with the adjacent residential neighborhoods.
Peter Theodore stated that he is a licensed architect and has served as an expert
witness for the State of Illinois, as a guest speaker at DePaul University, and on the
architectural Commission for the City of Des Plaines. He stated that he has been
involved in over 1,000 shopping centers nationwide. He noted that the proposed
shopping center is a major departure from what developers normally do from a
massing and density perspective. He pointed out that the buildings are pulled off the
street and separated and emphasis is placed on berming and landscaping. He
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stated that there is a sincere effort to create a gateway feature to enhance the
entrance to Lake Forest. He noted that the proposed landscaping exceeds the
requirements of the Code noting that landscaping is proposed along with berms at
the periphery of the site and in the parking lot. He noted that landscaping is also
proposed near the buildings with the use of trellises and vines to create an organic
feel and embrace the architecture. He provided renderings stating that they reflect
what the site will look like after construction. He noted that normally, in a shopping
center, the building mass would be located at the corner but this plan locates the
buildings away from the corner to leave an open feature. He stated that lannon
stone, stepped terraces are proposed on the corner with various plantings. He stated
that the landscaper for the project was selected because of his experience in
Conway Farms. He noted that Conway Farms, Christ Church and Market Square
were looked at as inspiration for the architecture. He noted those project have aged
well. He stated that the design draws off the character of those projects and stated
that the design of Whole Foods will be unique to Lake Forest. He stated that he has
worked with Mr. Shiner for 30 years and knows him to be a developer who stakes his
reputation on doing the right thing and building quality projects.
David McCallum, landscape architect, stated that the proposed landscape
treatments will provide an attractive setting for the development, an effective
transition to the neighboring properties and will create an attractive gateway feature
into the City. He stated that 270 new shade, evergreen and ornamental trees are
proposed as part of the project. He noted that the parking lot will be landscaped
with shade trees, flowering shrubs and ornamental grasses. He stated that 10’ tall
evergreen trees will be planted along the east property line and in clusters between
some existing trees along the south property line which will remain. He showed
photos of various types of vegetation proposed for the site. He stated that an
extensive amount of landscaping is proposed along Route 60 and Saunders Road
including evergreens, ornamental trees, grasses and perennials. He noted that the
corner treatment proposes terraces, walls, waves of grasses, flowering shrubs and
ornamental trees.
Mr. Shiner concluded stating that a much more detailed presentation will be brought
to the Plan Commission in the future. He stated that it is a privilege to be presenting
to the City and that it is fortunate that Whole Foods is part of the project.
Ms. Czerniak stated that she will review three topics: some background on the
Amberley Woods development, the process and the purpose of this meeting. She
stated that the Amberley Woods mixed use development was approved in 2006 on
the 38 acre site. She stated that the property is in the Transitional Zoning District and
the approved development was comprised of 24 single family homes, two 45-unit
condominium buildings, two 42,000 square foot office buildings, adaptive reuse of
the Locally Landmarked existing residence, a wetland area and preserved wooded
areas. She noted that the office buildings were generally approved for location
framing the corner with one along Route 60 and the other along Saunders Road. She
Plan Commission Minutes – November 13, 2013
Page 13 of 20
reviewed that as part of the original approval of Amberley Woods, there was
considerable discussion about preservation of the Route 60 corridor and a prominent
entrance to the City. She noted that on the north side of Route 60, Conway Office
Park’s entrance presents understated pillars and significant setbacks from the street.
She noted that as approved, the required setback on the parcel proposed for
development is 150 feet. She noted that tree preservation was also a topic of
considerable discussion during the original approvals noting that the approvals
acknowledged that significant tree removal would occur and designated some
portions of the site for tree preservation. She stated that the approved plans
recognize the northwest quadrant of the Amberley Woods as appropriate for non-
residential development. She reviewed the request before the Commission noting
that it is a request for an amendment to the Special Use Permit for the Amberley
Woods development, approval of alternative uses for the northwest portion of the
site, approval of drive thru facilities as part of the development and approval of
revised plans. She confirmed that staff has had discussions with the developer and
noted that staff only recently received technical information on the project and
reviews of that information are not yet complete. She explained that this project is
brought forward at this time for an early introduction to the Commission and
community and early input because it is a significant project at a prominent location
and is a different type of project from what the Commission routinely sees. She
clarified that to date; City staff has not been involved in any discussions with Whole
Foods, only with the Shiner Group and their consultants. She stated that this meeting
is an opportunity for the developer and City staff to listen; take good notes and bring
back a project that appropriately balances all interests. She reviewed the process
noting that in addition to review by the Plan Commission, the project requires review
by the Building Review Board with respect to the architectural design, building
massing and height, hardscape, lighting, landscaping and signage. She noted that
the Historic Preservation Commission will also be involved later in the process to
review the proposed demolition of the historic residence. She stated that
recommendations from all three bodies will be presented to the Council for final
action.
Chairman Ley invited initial questions from the Commission to developer.
Commissioner Ziccarelli stated that his initial concerns have to do with traffic. He
reviewed various ways to approach the area from the south, southeast and
southwest. He noted that Conway Farms Drive provides an alternative that avoids
numerous traffic lights and stop signs. He stated that he finds it hard to believe that
Conway Farms Drive will not be used as a cut through to reach the proposed
development. He asked for an explanation of the basis for the traffic engineer’s
opinion that Conway Farms will not be used noting that as a resident, his observation
tells him that it will be used as a route to the development.
Mr. Sjogren acknowledged that he thought the same in his initial look at the area. He
explained that on three different occasions, during rush hours, his team drove the
Plan Commission Minutes – November 13, 2013
Page 14 of 20
various routes and found that from the southeast, Waukegan Road and Route 60
provide the shortest route in terms of distance and in terms of travel time. He stated
that using Everett Road and Conway Farms Drive proved to be a disadvantage. He
stated that the degree to which the cut through route was a disadvantage with
respect to time and distance surprised him. He stated that the data for the study
could be provided to the City and stated that those driving studies are the basis for
his opinion. He stated that traffic from the southwest was not considered.
Commissioner Kuchman asked for review by City staff of the comparison of expected
revenues from commercial versus office development at this site.
In response to questions from Chairman Ley, Mr. Shiner stated that he has talked with
the developers of the adjoining properties to the east and south and believes that
they are supportive of the project. He added that he met with the board of the
condominium and stated that he does not have a poll of the residents there, but
believes that the response was positive. He acknowledged that there may not be
unanimous support for the project among all of the condominium residents. He
stated that the two closest neighbors are Ms. Danner, the developer of the second
condominium building, and K. Hovnanian, the developer of the courtyard homes.
Chairman Ley invited public comments.
Dr. Somberg, 210 Saunders Road, stated that he has always been opposed to
development of the land south of Route 60 with business uses. He stated however,
that in comparison to another large office building, the proposed development
appears favorable. He stated however that he has several concerns including traffic
noting that Conway Farms Drive has tremendous limitations and pointed out that it
was built for use by a limited community. He stated that even 10% more traffic on
Conway Farms Drive will be a disaster. He suggested that thought be given to
disconnecting Amberley Court from the development to avoid use of that street as a
cut through from Conway Farms Drive. He noted that the scarce landscaping shown
in the plan is also a concern noting that sparse landscaping is also a problem with
the office development to the west. He noted that site was previously heavily
wooded similar to this one. He stated that emphasis should be given to maintaining
as many trees on the site and as much landscaping as possible. He noted that the
area is an important gateway into Lake Forest. He noted that neighbors in the area
bought into a country area, a secluded area. He asked that the proposed
development be screened as much as possible from the residential area. He noted
that he was impacted by the office development and a loading dock and
expressed concern for similar impacts on other residents from the loading dock for
the proposed development. He stated that the plans presented appear to be a
good start and reiterated his request for tree and landscape screening.
Mr. Seiler, 130 S. Bradford Court, stated that he is a resident of the Stonebridge
subdivision and is on the Homeowners’ Association Board. He stated however that
Plan Commission Minutes – November 13, 2013
Page 15 of 20
he is not speaking on behalf of the Association because the Board has not yet had a
chance to discuss the proposal. He asked the Commission to look beyond the gloss
of the presentation. He stated that the proposal presents some issues for Stonebridge
and for the greater community. He questioned the traffic report suggesting that the
experts were asked to evaluate traffic impacts only in certain areas. He stated that
no one has talked to the Stonebridge residents about the current use of Old Bridge
Road as a cut through for traffic from Route 60. He noted that by using Old Bridge
Road, drivers miss one stoplight and this causes problems in Stonebridge due to the
curving roads and the speed of the cars. He questioned whether the drainage plan
has considered the impact of the development on the ponds to the east of the
condominium building which drains into the pond in the Stonebridge subdivision and
then through the subdivision to the north branch of the Chicago River. He noted that
additional water will run into the Stonebridge pond and pointed out that over the
years, the ponds fill up and need to be dredged to continue to work effectively. He
stated that the developer has not talked about the effect the additional water will
have on the Stonebridge subdivision. He noted that the information presented casts
some doubt on the expertise of the developer’s team. He noted the document
recently put out by the City describing what matters most to Lake Forest residents
noting that this project is proposed at the gateway to the City. He noted that
Stonebridge residents and others worked with the City to beautify Route 60 and
stated that this project will not enhance the streetscape. He expressed concern that
the signs and parking lot lights will be an impact at night. He questioned what the
secondary use would be of the large building if Whole Foods leaves noting that other
grocery stores and restaurants have gone out of business. He thanked the
Commission for the opportunity to be heard.
Ann Danner, 485 Hunter Lane, stated that she is the owner and president of
Residential Homes of America, the developer of the condominium building to the
east and the developer who installed the infrastructure for the Amberley Woods
development. She stated that she also represents the ownership group of the
second, not yet built condominium. She stated that the second condominium pad is
the closest and most impacted neighbor. She noted the location of the second
condominium building. She thanked the owner and developer of the parcel now
proposed for development for offering an excellent opportunity to a development
that has been stalled since 2008. She stated full support for the project noting that it
is fiscally responsible commenting that office developments do not produce the
same tax revenues as retail developments. She stated that the project is proposed
by reputable developers and proposed to include the gold standard in retail, Whole
Foods. She stated that the layout of the plan is superior and provides buffers that are
not easy to see. She stated that she has looked into the buffer area due to the
proximity of the second condominium building to the development. She stated that
the proposed 1-1/2 story development will be preferable for the condominium
residents as opposed to three-story, glass office buildings. She stated that as a
resident, a developer, developer’s representative and a contractor and one of the
largest stakeholders, she supports the project noting the reduction of the square
Plan Commission Minutes – November 13, 2013
Page 16 of 20
footage from the current approvals by 20,000 square feet. She thanked the
developers and asked the Commission to seriously consider approving the project.
She stated that the project will be a great boon to the neighborhood and Lake
Forest.
Richard Ernest, 1800 Amberley Court, stated that he is a resident of the Amberley
Woods condominium building and serves on the homeowners’ board. He stated that
he is a 31 year resident of Lake Forest and thanked the Commissioners for their
service noting his previous service on the City Council. He acknowledged that the
Commission has a difficult job because of the residential nature of the area and the
changing character of the area. He noted that it is hard to see the rural character of
the area change and see the area grow. He stated that the Commission has heard
enough presentations to know that this is a first class developer and that all proposals
are not of this caliber. He stated that the Amberley Woods Homeowners’ Association
will try to take a position on the proposed development but acknowledged that with
45 owners, the position will likely not be unanimous. He stated some concerns noting
that the issue of security has not yet been mentioned. He noted that the residents of
the condominium would like walkway access to the development but would also like
to prevent walkway access from the site to the condominium building. He stated
that Amberley Court is a private road and the residents, after the developer
completes the road, will have the obligation to maintain it and resurface it in the
future. He suggested that consideration be given to reopening Saunders Road to
Conway Farms Drive to disperse the traffic. He acknowledged that it will take the
Plan Commission some time to review this petition.
John Isherwood, resident of Naperville, stated that he is representing K. Hovnanian
Homes, the developer of the Amberley Courtyard parcel directly to the south of this
development. He noted that the courtyard development is comprised of 22 lots
which will be developed with new single family homes. He complimented the Shiner
Group in reaching out to K. Hovnanian and for making sure the development is
compatible with the neighboring residential development. He noted that significant
buffers are proposed and stated full support of the project. He commented on the
entrance to Amberley Court which is the entrance to the residential area noting that
the proposal to relocate the median from Saunders Road to the entrance to the
residential area will screen the residential area from the commercial building. He
stated that another accommodation made by the developer is providing a direct
residential walkway from the courtyard homes to Whole Foods rather than requiring
residents in that area to walk out to Saunders Road and back into the site. He stated
that the proposed retail nature of the site is a benefit to future residents of Amberley
Woods and to the larger community noting that currently not many retail or
restaurant uses are located nearby. He stated that the proposed plan will benefit
future home buyers noting that three story office buildings are currently approved for
the site but all of the buildings now proposed are one story or a story and a half in
height. He stated that the proposed development will provide better sightlines from
the residential portions of Amberley Woods than office development. He stated that
Plan Commission Minutes – November 13, 2013
Page 17 of 20
as the builder of the courtyard homes, knowing what will happen on this site is better
than uncertainty. He stated that he has heard from office developers that this site will
not likely be developed for office uses in the current economic conditions.
Mary Lou Reed, 1715 Broadland Lane, stated that over the course of development of
the Amberley Woods property this is the most egregious and offensive development
proposal presented. She stated that the Route 60 Corridor plan did not support
commercial development along Route 60 noting that this development is
diametrically opposed to that position. She noted that over the course of
development of the Route 60 Corridor, one parcel was developed as a community
park, another was donated to open lands and another was developed as the
Stonebridge residential subdivision. She stated that Amberley Woods is a residential
community, not a shopping mall. She stated that the area is a quiet residential
neighborhood. She stated that the proposed clear cutting of the woods and
destruction of the historic residence is awful. She stated that construction of a
grocery store on the site will bring a significant amount of asphalt, bricks and mortar.
She noted that a drainage problem exists today noting that water from the
development will drain into the ponds along Conway Farms Drive and stated that the
ponds overflow now questioning how they will take more water. She stated that the
traffic increase on Conway Farms Drive that would result is untenable. She stated
that closing off Amberley Court will be necessary if the development moves forward
and stated that Saunders Road should not be opened. She stated that Conway
Farms Drive was never intended to be a cut through street noting that Conway Farms
is a small community.
Cissy Cappola, 1800 Amberley Court, stated that she is the owner of one of the 45
condominium units noting that her unit is on the top floor in the southwest corner of
the building, directly east of the site proposed for development. She stated
objection to the proposed development noting that removal of the existing berm
along Route 60 will remove a noise and site buffer that benefits the condominium
building. She stated that views from her unit are of mature trees and the historic
mansion which will all be destroyed. She stated that the buffer originally planned
between the condominium buildings and this parcel will be removed and 360
parking spaces will be constructed. She stated that the proposed development will
increase the noise and security risks for existing residents. She noted that there will be
increased traffic on Amberley Court and stated that the store hours are
unacceptable in a residential neighborhood. She stated that she relied on the
approved development plan for Amberley Woods and stated that if she had known
that the neighboring property was going to be developed with a big box store, she
never would have purchased her home.
Mr. Kreb, 1815 Amberley Court, stated that his house is on Amberley Court. He stated
that the representative from K. Hovnanian may not be considering what future
residents of the courtyard homes will think about the development and stated that
representatives from K. Hovnanian have not talked with the current residents of the
Plan Commission Minutes – November 13, 2013
Page 18 of 20
courtyard homes. He stated that traffic is his main concern. He acknowledged that
if the site was developed for office use as currently approved there would be some
traffic on Amberley Court, but noted that development of the site with a grocery
store will generate more traffic. He stated that cut through traffic will use Amberley
Court, a private road, because it will be faster. He stated that his front window is 45
feet from Amberley Court. He stated that the private road will be used both to go to
the store and when leaving the store. He noted that along Route 60 the traffic lights
only allow limited time for left turns. He stated that the traffic impacts need to be
considered. He stated that he also has concerns about drainage noting that during
a couple storms this spring, his house was almost on an island. He stated that the
existing detention ponds cannot take any more water and have been close to
overflowing. He stated that drainage needs to be improved in the area.
Mr. Donovan, a Stonebridge resident, stated agreement with other speakers
regarding impacts to the area. He noted that Stonebridge is east of Conway Farms
Road and people use Old Bridge Road now to cut through Stonebridge and avoid
the stoplights on Route 60. He agreed that the lights on Route 60 are timed to allow
only a short time for left turn movements at Conway Farms Drive. He noted that Old
Bridge Road is a curvy street with limited lighting and commented that cars travel
through the neighborhood at high speeds.
Mr. Ewert, 225 Saunders Road, stated that he lives just south of the barricade on
Saunders Road on a five acre property. He stated concern about the suggestion
that Saunders Road be opened to traffic noting that the road was closed to prevent
cut through traffic in a rural neighborhood and it was never intended to be
reopened. He stated that he is very surprised that something like this development is
proposed for this area. He noted that he lived on Saunders Road before Conway
Farms was developed and stated he has always been concerned about traffic in the
area. He noted his initial concern when Amberley Woods was proposed for
residential development and recalled the Court decisions to determine how the
property should be developed. He noted traffic concerns were part of those
decisions. He noted that the plan presented does not identify the intended uses for
the various outlots noting that they could be fast food businesses and generate
significant traffic. He expressed concern about the hours of operation of businesses
on the site. He noted that today, some cars park at the end of Saunders Road at
night and expressed concern that with more cars in area, this type of situation will
increase. He noted concern about the loss of a significant number of old, huge trees
and the canopy they provide for the area. He noted that the landscaping proposed
at the corner includes tiny trees. He acknowledged that the development would
result in less square footage than the proposed office development, but noted that
the buildings would cover a much larger part of the property causing the removal of
trees. He stated that this is the gateway to Lake Forest and questioned whether this
was what was envisioned by the previous Commissioners who planned for the
development of the Route 60 Corridor. He expressed his hope that people will see
this development for what it is and consider maintaining the character of west Lake
Plan Commission Minutes – November 13, 2013
Page 19 of 20
Forest noting that it is changing very fast. He noted that once this is developed, the
community will be stuck with it forever.
Dara Azari, 1800 Amberley Court, stated that he is a resident of the Amberley Woods
condominium building and noted that many of his points have been touched on by
other speakers. He stated that he is a long time shopper at Whole Foods but stated
that he has been gathering information to determine whether he wants to live
adjacent to one. He noted that during the construction of the existing condominium
building, the site now proposed for development was used for the staging of
construction materials and vehicles. He questioned where the staging would occur
when the second condominium building is being built. He questioned whether the
impact of the proposed development on the values of the surrounding residential
properties has been quantified. He commented that the runoff from the ponds is a
problem today. He asked about the contingency plan if Whole Foods does not
remain on the site. He stated that he is concerned about the environmental integrity
of the area noting the significant difference between the mature trees and the
proposed landscaping. He asked for a clearer understanding of the trees that will be
lost and those that will be spared. He asked how the buffer between the
condominium buildings and the development will be enhanced after the existing
trees are removed. He asked whether Whole Foods is considering alternative sites in
the community if this site is not approved. He asked for additional information on
what will be done to provide ingress and egress to the site and how that will impact
the residents.
Joseph McLaughlin, 830 Lane Lorraine, commented that the plan does not appear to
be consistent with the 150 setback on the property. He suggested that the
development be measured against other developments in the community and how
they appear from the street, rather than to shopping centers in other communities.
He asked for additional information on how the other tenant spaces will likely be
used. He stated that Whole Foods is a relatively attractive use in comparison to office
buildings.
Chairman Ley invited a response to public testimony by staff.
Ms. Czerniak clarified that Saunders Road is no longer a public road noting that it was
vacated at the time the Opus office site was developed. She stated that the portion
of the road beyond the connection to Amberley Court is in private ownership. She
invited all in attendance to sign the sheet at the back of the room to receive notice
of future meetings on this petition.
Chairman Ley invited final comments from the petitioner.
Mr. Shiner stated that he has listened to the comments and will respond
appropriately. He stated that his team will continue to work on the project and return
Plan Commission Minutes – November 13, 2013
Page 20 of 20
to the Commission at a future meeting to address the concerns raised. He thanked
the Commission and those who spoke.
Commissioner Kuchman commended the petitioner on the quality of the
presentation. He agreed that the plan as presented is a much different plan and
very much an accommodation in an effort to create a shopping center for this area.
He acknowledged that a big box store is proposed but noted that there is only a
limited amount of speculative shop space which will limit the potential for vacant
spaces in the project. He added that the limited number of other spaces also helps
to preserve and protect the tenants in Market Square. He added that he hears that
residents leave Lake Forest to shop noting that shopping habits are a reflection of the
demand for a superior grocery asset in the community. He stated that Whole Foods
will be a good addition. He noted however that there are many questions that
deserve answers. He asked for information on traffic and routing and what can
happen on Conway Farms Drive and Amberley Court. He suggested that the
landscape plan could reflect the potential preservation of some of the mature trees
that exist on the property, integrating them into the project. He suggested that
everyone remember that the proposed development should be compared to the
approved development for the site and not to the existing condition. He asked for
comparisons of the plan from technical, financial, sightline and visibility perspectives.
Commissioner Ziccarelli stated continued concern about traffic and stormwater
management. He questioned whether water should be retained in the parking lot
temporarily.
Mr. Shiner stated that the technical issues will be addressed prior to the next Plan
Commission meeting.
Chairman Ley reviewed information that should be provided to the Commission in
the future. He asked for information on what kind of barriers could be provided to
discourage traffic on Amberley Court and Conway Farms Road. He asked for
information on how the second condominium building and the future courtyard
homes will be impacted by the development and questioned whether the proposed
development will discourage these projects from being completed or occupied. He
questioned whether those areas will become undesirable places to build despite the
convenience of the stores nearby. He asked for information on whether the
development will affect the marketability of those properties.
The meeting was adjourned at 9:57 p.m.
Respectfully submitted,
Catherine Czerniak
Director of Community Development