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PLAN COMMISSION 2010/06/09 MinutesThe City of Lake Forest Plan Commission Proceedings of the June 9, 2010 Meeting A regular meeting of the Lake Forest Plan Commission was held on Wednesday, June 9, 2010, at 6:30 p.m., at City Hall, 220 E. Deerpath, Lake Forest, Illinois. Commission members present: Chairman Jack Reisenberg, Commissioners Mark Shaw, Tim Newman, Catherine Waldeck and Beth Miller. Commission members absent: Jeff Kuchman, Michael Adelman Staff present: Catherine Czerniak, Director of Community Development and Megan O’Neill, Assistant Planner 1. Introduction of Commissioners and staff. Chairman Reisenberg opened the meeting and introduced members of the Commission and staff. 2. Approval of the minutes from the April 14, 2010 Plan Commission meetings. The minutes of the April 14th Plan Commission were approved as submitted. 3. Public Hearing and Action: Continued consideration of a Special Use Permit to formally authorize the adaptive reuse of Elawa Farm, an historic gentlemen’s farm, for community purposes. Elawa Farm is located at 1401 W. Middlefork Drive. Owner: The City of Lake Forest Chairman Reisenberg asked the Commission for any conflicts of interest or Ex Parte contacts. Commissioner Miller noted that she was the attorney for the developer of the Middlefork Farm subdivision during the development process several years ago. She stated that she no longer has any connection to the subdivision and will be able to rule objectively on this matter. Chairman Reisenberg invited a presentation from staff on behalf of the City, owner of Elawa Farm. Ms. Czerniak introduced the petition noting that at the April meeting, a preliminary presentation on this petition was provided to the Commission along with brief public comments. She noted that at that meeting, at the request of the attorney representing the Middlefork Farm Homeowners’ Association, the Commission postponed discussion of the petition to allow time for the homeowners and their attorney to have further discussions with City staff in an effort to address the outstanding issues. She noted that since the April meeting, staff met and communicated with representatives of the Homeowners’ Association Board and some of the tenants at Elawa Farm and received input from other City departments on the requested Special Use Permit. She explained that with the input received, the conditions of approval recommended in the staff report were revised to address issues raised in an effort to better balance the interests of the various parties. She noted that Elawa Farm is located within a residential zoning district Plan Commission Minutes – June 9, 2010 Page 2 of 12 and therefore requires a Special Use Permit to authorize the non-residential use of the facility. She explained that traditionally, the City of Lake Forest has used the Special Use Permit process to consider, and if appropriate, to authorize non-residential uses on properties located in residential districts. She noted various examples of uses permitted by Special Use Permits including churches, Lake Forest College, Northwestern Lake Forest Hospital, schools and private clubs. She provided some background on the Middlefork Farm Subdivision noting that through a partnership of Lake Forest Open Lands, the Forest Preserve, the City and a private property owner, a unique development was made possible. She explained that the Middlefork Farm development preserved significant natural areas and the historic Elawa Farm structures. She pointed out that the Special Use Permit distinguishes between Elawa Park and Elawa Farm and noted that Elawa Park is zoned OA, Open Area, and is under the purview of the City’s Park and Recreation Department. She stated that the Special Use Permit will govern Elawa Farm and will formally adopt the Master Plan for Elawa Farm which establishes parameters for future changes to Elawa Farm. She noted that the Master Plan was developed through a series of meetings held with the stakeholders of Elawa Farm including residents of Middlefork Farm. She explained that the conditions of approval as now recommended by staff are intended to regulate the use of the facility recognizing the interests of the various stakeholders. She acknowledged that the proposed conditions are more extensive than those in most other Special Use Permits but noted that the conditions recognize competing interests at this location. She highlighted key conditions noting the distinction between daily uses and special events. She stated that Elawa Farm is primarily intended for public use by local residents and for use by local not for profit groups. She stated that all uses at the site are intended to be consistent with the vision for Elawa Farm as established in the Master Plan. She commented on the conditions addressing special events at Elawa Farm. She stated that any special event that is proposed must be requested through the Elawa Farm Coordinator in the City Manager’s Office and pointed out that all requests for events must be considered in the context of all uses occurring at Elawa Farm at any one time, including use by the general public. She noted that the conditions identify the tenants at Elawa Farm and local not for profit groups as preferred users and that priority is given to preferred users in scheduling events at the site. She noted that in response to concerns over special events, a condition is recommended requiring City Council approval for special events for more than 75 people. She noted that the conditions establish ending times for special events, 11:00 p.m. Friday and Saturday. She stated that the use of outdoor amplified sound was addressed 10 years ago at the time of the original approvals for the development and noted that the original limitation to 12 outdoor events with amplified sound will remain in effect. She stated that the recommended conditions of approval expand on the regulations put forth in the Real Estate Rider which also was put in place at the time of the original approvals for Middlefork Farm pointing out that even then, it was recognized that special events would occur at Elawa Farm. She noted that the conditions require off site parking and a shuttle bus for events for over 75 people and added that valet parking is not permitted to avoid excessive traffic on the neighborhood streets. She noted that the conditions prohibit use of Elawa Farm as a polling place. She noted that several conditions apply to the Garden Market and that those conditions come from a previously approved Special Use Permit. She stated that no comments or objections to those conditions were received. She explained that the staff report, in addition to providing recommended conditions of approval, notes input that was received that is not addressed by the recommended conditions. She noted that requests were received for a prohibition on all private special events at Elawa Farm and a prohibition on alcohol at the site. She explained that any group serving liquor at a public site must obtain a Liquor License from the City. She noted that the Mayor is the Liquor Commissioner and that the established requirements must be satisfied prior to the Plan Commission Minutes – June 9, 2010 Page 3 of 12 issuance of a Liquor License by the City Clerk. She explained that the Police Department is informed of any special event for which a Liquor License is issued. She stated that she consulted the Police Chief who commented that police patrols are made aware of the location of any special events and that events for which Liquor Licenses are obtained rarely result in problems. In closing, she noted that from the beginning, Elawa Farm was envisioned as a self supporting facility and it was acknowledged that revenues from both tenants at the site and special events would be necessary to support ongoing maintenance and improvements. She noted that Elawa Farm follows the models of other community facilities, Gorton Community Center, Ragdale and Grove School, all of which the City has played a role in saving. She noted that staff received a call from the School District, a tenant at Elawa Farm, stating support for continuing to allow special events at Elawa Farm noting that it helps to keep the rent the School District is asked to pay at an acceptable level. She invited questions from the Commission. In response to questions from Commissioner Waldeck, Ms. Czerniak confirmed that there are restroom facilities in the farm buildings but that for some special events, additional restroom facilities may need to be brought on to the site. She confirmed that since the site has been restored, the City has received many requests to hold special events at Elawa Farm and as a result, regulations for events are proposed as part of the Special Use Permit. She acknowledged that in the past, as the site has developed as a community resource, there have been some events that some feel have been inappropriate and that the proposed conditions are intended to assure appropriately scale events in the future. She added that the Special Use Permit is also intended to clearly distinguish between Elawa Park and Elawa Farm since the two areas are regulated differently. At the request of Chairman Reisenberg, Ms. Czerniak discussed two particular events that received significant negative feedback from the neighbors. She stated that the scale and activities related to the events were taken into account in developing the recommended conditions of approval for the Special Use Permit in an effort to prevent similar problems in the future. She distinguished again between Elawa Park and Elawa Farm noting that the uses permitted in the park would not be regulated by the Special Use Permit, but instead, by the regulations established by the City Council for neighborhood parks. In response to questions from Commissioner Miller, Ms. Czerniak stated that it will be the responsibility of the Elawa Farm Facility Coordinator to evaluate each proposed event to determine whether it is consistent with the conditions of the Special Use Permit and whether special requirements such as private security or extra restrooms are needed. She confirmed that the Coordinator has the authority to place additional requirements on an event or to deny the event. In response to questions from Commissioner Newman, Ms. Czerniak confirmed that the Fire Marshall posts a maximum capacity for Elawa Farm and for the various spaces in the building. She noted that the spaces occupied by tenants are not available for special events and that the hay barn is the most likely space for special events. She stated that the maximum occupancy of the hay barn is 87 people. In response to a question from Commissioner Waldeck, Ms. Czerniak confirmed that the Plan Commission could recommend to the City Council that no private parties be permitted at Elawa Farm. Plan Commission Minutes – June 9, 2010 Page 4 of 12 Chairman Reisenberg invited public comment and swore in all those intending to speak on this petition. Dale Dolbroth, 1360 Middlefork Drive, spoke on behalf of the Homeowner’s Association commenting that the neighbors have worked on this issue for 10 months, met with City staff and consulted with an attorney. He stated that there are three issues that are still outstanding. He stated that the first issue is parking. He explained that the homeowners do not believe additional parking is needed at Elawa Farm. He noted that sufficient parking exists on the site noting that what is there is not filled to capacity. He noted that the second outstanding item is amplified sound noting that the condition, as proposed by staff, would permit events with amplified sound to occur four weekends in a row, two each month. He suggested amending the condition to allow two events with amplified sound in any 30 day period. He noted that the third and most concerning item is the service of alcohol on the site. He stated that the Homeowners’ Association is generally pleased with the activities that have occurred at Elawa Farm but is concerned about some past events and also about future events. He stated that the Park and Recreation Board recently prohibited weddings in neighborhood parks. He stated that the neighbors are unclear if a large wedding could still occur at Elawa Farm. He stated that private parties with amplified music and bartenders serving alcohol present a problem for the neighbors. He stated that the Association recognizes that the Foundation and not for profit groups will have fund raising events, but stated that there should be restrictions on alcohol at Elawa Farm for private events noting that there are bars and restaurants in Lake Forest for those events. He suggested that alcohol be permitted at two fund raising events per year. He noted that there is only one way out of Elawa Farm and that is through the neighborhood. He noted the written testimony presented to the Commission by the Homeowners’ Association concerning these issues. Leslie Miller, 1042 Aynsley Avenue, stated that she moved to Middlefork Farm in 2000 and served on the original Elawa Farm Commission. She commented on the restoration of the historic buildings and expressed concern about the future use of the Elawa Farm buildings. She stated that she is in favor of limiting the use and limiting alcohol consumption in accordance with the petition submitted by the Middlefork Farm Homeowners’ Association. She noted that private parties serving alcohol, extending past 10 p.m. with amplified music are of concern. Michael Faciano,1300 Kennicott Drive, stated that he was one of the first homeowners to move into the Middlefork Farm Subdivision. He stated that the Special Use Permit will allow Elawa Farm to be used as a banquet hall. He noted that the Special Use Permit needs to be more restrictive particularly with respect to allowing alcohol at the facility. He read a definition of “banquet hall” and pointed out that the uses proposed for Elawa Farm fit the definition. He questioned why Elawa Farm is not referred to as a banquet hall when it appears to be very similar to one. He stated that people tend to drink too much at banquet events and noted that this type of activity at Elawa Farm will endanger the children and residents in the Middlefork Farm subdivision. He noted that as proposed, Elawa Farm will become a liability, not an asset, to the community. He stated that regardless of the financial pressures Elawa Farm is facing, the neighborhood should not be put in jeopardy. He asked that the Commission modify the conditions to be more restrictive noting that the restrictions presented in the staff report are inadequate. He requested that the use of alcohol be restricted to two fund raising events per year Plan Commission Minutes – June 9, 2010 Page 5 of 12 and that those events be limited to not for profit groups. He requested that alcohol be prohibited at all private events. Jenn Park, 1049 Jensen Drive, stated that her house faces Elawa Park. She stated that she bought her property 8 years ago with the expectation that Elawa Farm would be an environmental and educational resource center, not a banquet facility. She stated her strong opposition to the Special Use Permit as currently proposed. Ashley Maentz, President of the Elawa Farm Foundation, spoke on behalf of the Elawa Farm Foundation stating that she has been involved in Elawa Farm since it was first envisioned. She stated that the Elawa Farm Foundation is a tenant at Elawa Farm and pointed out that the Foundation is the only tenant raising money to directly support the long term maintenance and improvements at Elawa Farm. She stated that other not for profit groups hold events to raise funds for their own organizations and to help pay the rent which in turn supports Elawa Farm. She stated that the Foundation does not have any intention and would not support Elawa Farm becoming a banquet facility. She stated that the Liquor License application process through the City will help to weed out private events that are inappropriate for Elawa Farm and added that the process to apply for approval to hold an event at Elawa Farm is extensive and restrictive. She stated that events have already been denied because they were determined to not be appropriate for the facility. She stated that the Foundation is committed to working with the City to assure that events are in accordance with the vision for Elawa Farm and with the Special Use Permit. Ted Bennett, 966 West Deerpath, stated that he was on the Elawa Farm Commission during the early years of the Commission and noted that he was one of the first hosts of a party at Elawa Farm. He stated that in considering the Special Use Permit, the Commission should keep in mind that events are necessary to support the facility. He noted that the Middlefork Farm Subdivision residents are stakeholders in Elawa Farm not only due to its location in the subdivision, but also because the initial sale of each home helped to fund the restoration of the farm buildings. Susan Banks, the City of Lake Forest Elawa Farm Facility Coordinator, explained the process for renting space at Elawa Farm and for reserving the facility for a special event. She explained that a calendar of all events and all programs is maintained as all times so that there is a coordinated plan for use of the site. She noted that the capacity of the buildings and the parking lots are always considered. She stated that the police and fire department are consulted when special events are proposed. She assured the Commission that there is no intent to turn Elawa Farm into a banquet hall. She pointed out that Elawa Farm is used increasingly by the tenants as they get established in this location which allows less space and opportunity for special events. In response to questions from Commissioner Newman, Ms. Banks estimated that the City receives about 6 requests a month for events at Elawa Farm and on an average, about 3 of the events are actually booked. She confirmed that Elawa Farm is intended to be self sustaining with revenues coming from donations, rents from tenants and from special events. She estimated that about one-third of the revenue comes from special events. In response to questions from Chairman Reisenberg, Ms. Banks provided examples of inappropriate uses for Elawa Farm describing some requests for special events that were denied. Plan Commission Minutes – June 9, 2010 Page 6 of 12 She stated that most of the events that are scheduled at Elawa are uneventful. She explained that a significant amount of information is requested on the application which is approximately 12 pages long. She noted that the application restricts setup times and other activities. She explained that the rental charge for events varies. In response to questions from Commissioner Waldeck, Ms. Banks stated that a communication system is in place for special events. She stated that applicants for special events are required to notify the neighbors by letter informing them of the upcoming event. She estimated that over the past few years, approximately two to four events were held at Elawa Farm per year with over 75 people. Ms. Czerniak responded to public testimony clarifying that the Special Use Permit will put in place restrictions and regulations that do not currently exist at Elawa Farm. She noted that the Special Use Permit will be formally adopted by Ordinance by the City Council. She stated that the Special Use Permit has an extraordinary number of conditions in an effort to closely regulate the use of the site. She noted that complying with the conditions of the Special Use Permit will be the first hurdle that will need to be met when scheduling an event at Elawa Farm. She stated that proposed events will also need to meet the requirements for renting space at Elawa Farm, the process Ms. Banks oversees. She stated that in addition to the application, a Liquor License must also be obtained if alcohol is to be served. She stated that this facility is not a banquet hall noting that it is not privately owned and use is restricted by City policies. She added that Elawa Farm is not a “for profit” business and the City Council could at any time, amend the Special Use Permit to change the parameters for use of the site. She stated that this is a unique community resource that is smaller facility than other community facilities such as Gorton Center and Grove Campus. She pointed out that the events at Gorton Center are well organized and regulated and are held without problems. She stated that the Special Use Permit does not require additional parking to be constructed, but only identifies, through the Master Plan, an acceptable site for additional parking if the City Council determines that a need for more parking exists. She explained that through the Master Plan process, various locations were considered for additional parking and all were ruled out except for the area immediately north of the existing lot. She stated that 12 events in one year, with amplified sound, as permitted by the original approvals, have never occurred. In response to the request from the Homeowners’ Association, she suggested modifying the conditions to limit outdoor events, with amplified sound, to two every 30 days, rather than two per month. She clarified that a wedding of the size and scope of a recent event at Elawa Park could not occur at Elawa Farm under the conditions as now proposed. She called out the condition that requires City Council approval of events that exceed 75 people noting that this is unusually restrictive. She commented that weddings themselves are not prohibited by the conditions, but could only be permitted if they are consistent with the conditions. She stated that based on input from the City Attorney, it would be possible for the Plan Commission to recommend a condition of approval to prohibit the service of alcohol one hour prior to the ending time of an event. She noted however that it may be appropriate for the Plan Commission to recommend to the Council that the Liquor License requirements overall be amended with that limitation. In response to questions from Commissioner Shaw, Ms. Czerniak clarified that a condition of approval could be included to limit events with outdoor amplified sound to 2 days during any 30 day period. She stated that 12 days of amplified sound per year are permitted based on the original approvals of the overall development. She stated that bartending and alcohol service are Plan Commission Minutes – June 9, 2010 Page 7 of 12 not under the purview of the Plan Commission, but rather are addressed through the Liquor License process. Commissioner Miller directed the Commission’s on page 10 of the staff report… Chairman Reisenberg suggested that the Special Use Permit and the operation of Elawa Farm be reviewed in 18 months to allow the impacts of events and the success or any weaknesses of the conditions to be assessed. He noted that perfection in the conditions at the outset is not a realistic expectation. In response to questions, Ms. Czerniak stated that the addition of a condition that requires review of the operation of Elawa Farm, in the context of the Special Use Permit, 18 months after approval would be appropriate. She suggested conceptual language for the condition, “18 months from the date of City Council approval, a full report should be provided to the Plan Commission indicating the number and types of events that have occurred and any problems that have arisen”. She noted that interested parties could be contacted as part of the review process. Commissioner Waldeck stated that communication is important between the City and the homeowners. She stated that it is hard to know in advance if an event is going to be a problem. She agreed that a feedback report would be helpful moving forward with Elawa Farm. She expressed support for the conditions of approval as recommended by staff and as modified by the Commission in particular with respect to limiting outdoor amplified music to two events during any 30 day period. Commissioner Miller agreed that a feedback report is a good idea. She reviewed some modifications to the conditions as discussed by the Commission stating support for the change to two events during a 30 day period and for ending the service of alcohol an hour before the scheduled ending time for the event. She noted the last change would be beneficial for the City to consider with respect to all special events. Commissioner Newman commented on the three outstanding issues noted by the homeowners after much work to date with staff. He stated that too many restrictions may be detrimental to the facility as well as to the neighborhood. He noted that threatening the revenue stream needed to support the facility could hurt the whole neighborhood. He suggested that the Plan Commission consider continuing the petition to allow staff to work through the remaining issues with the homeowners. He pointed out that some of the ideas presented are in conflict with each other such as the request that no bartenders be used and the suggestion that alcohol service be ended an hour before the ending time of the event. He noted that bartenders would be helpful to enforce the ending time for the service of alcohol. He questioned whether it is wise for the Commission to try to resolve the remaining issues. Chairman Reisenberg noted that he lives in Conway Farm Subdivision and pointed out that Conway Farms Golf Club hosts events similar to those proposed for Elawa Farm. He commented that events occur without incident due to the well trained staff and careful planning. He stated that the regulations for Elawa Farms, as recommended in the Special Use Permit, deserve to be given a chance to work. He acknowledged that some mistakes have been made on some previous events and lessons have been learned. He reiterated his suggestion for a condition requiring review of the effectiveness of the conditions 18 months after approval noting again that Plan Commission Minutes – June 9, 2010 Page 8 of 12 getting the conditions perfect the first time may be difficult. He encouraged having bartenders present at special events noting that they add control and make events more professional. He stated support for moving the Special Use Permit forward. In response to a request from Commissioner Newman, Ms. Czerniak summarized the revisions to the conditions as discussed by the Commission. She noted that condition #10 would be modified by changing “per month” to “during any 30 day period”. She noted that a suggestion was made to add a condition to require a formal review of the operation of Elawa Farm and the effectiveness of the Special Use Permit 18 months after approval. She stated that the issue of whether or not to permit or require a bartender at events is not the purview of the Plan Commission, but noted the Chairman’s suggestion to Ms. Banks to encourage that a bartender be present at all special events at which alcohol is served. She noted the discussion about requiring the service of alcohol to end an hour before the ending time of an event noting that a condition could be added to this Special Use Permit or the Commission could forward a suggestion to the Council that the requirement be considered in the broader context of Special Use Permits. She commented that moving the Special Use Permit forward, putting the regulations in place sooner rather than later, will provide structure and a framework for evaluating events proposed for Elawa Farm. Commissioner Shaw made a motion to continue the petition to allow the outstanding issues identified by the Homeowners’ Association to be resolved with staff. The motion died for lack of a second. Commissioner Newman made a motion to recommend approval of the SUP subject to the following conditions of approval which include the suggestion from the Chairman for review of the operations of the facility 18 months after approval. He added that the motion also includes a suggestion that the City Council consider requiring service of alcohol at all special events to end an hour before the scheduled ending time of the event. Daily Use 1. Uses at Elawa Farm shall be consistent with the vision stated in the Master Plan which is adopted as an exhibit to the Special Use Permit. As described in the Master Plan, permitted uses shall provide opportunities in the fields of environmental and wildlife education, gardening, conservation, environmental restoration, architecture, history, preservation, local culture, and passive recreation experiences. 2. Elawa Farm is primarily intended for public use by Lake Forest residents and for use by Elawa Farm tenants and local not for profit groups, during daytime hours, or until dusk. (For purposes of this Special Use Permit, local not for profit groups are groups that support institutions in the communities of Lake Forest and Lake Bluff, and groups that serve the residents of Lake Forest and Lake Bluff.) Plan Commission Minutes – June 9, 2010 Page 9 of 12 3. The Elawa Farm facilities are available to tenants and local not for profit groups for scheduled activities including classes and meetings seven days a week. Scheduled activities at Elawa Farm shall end no later than 9:30 p.m. Special Events 4. “Special Events” are activities other than those described in conditions #2 and #3 above and other than the Garden Market addressed in conditions # 21 thru #26 below. 5. Scheduling of all Special Events shall be managed by the Elawa Farm Facility Coordinator, currently housed in the Office of the City Manager, and referred to as the “Coordinator” throughout this document, or another person so designated in the future by the City Manager. In every case, the Coordinator shall consider cumulatively all daily use activities and Special Events, including normal public use, which would be occurring on the site at any one time before approving any Special Event. In addition, all applicable standard City requirements for special events shall be met including, but not limited to, posting certificates of insurance, obtaining a liquor license and payment of required fees. The Coordinator is responsible for facilitating communications regarding Special Events among all tenants of Elawa Farm and with the Middlefork Farm Homeowners’ Association in the case of Special Events that due to the number of participants or type of activity will significantly differ from the daily activities, programs and events that occur at Elawa Farm. 6. Priority for reserving space for special events, programs and activities at Elawa Farm shall be given to Elawa Farm “Preferred Users”, defined as tenants and local not for profit groups whose purposes and activities are closely aligned with the vision for Elawa Farm as stated in the Master Plan. Elawa Farm tenants shall each be permitted up to 2 Special Events for fundraising purposes annually. 7. Private events, not open to the public, and not hosted by Preferred Users, which prevent public access to Elawa Farm for an extended time period, are discouraged. Private events proposed with more than 75 participants must receive approval from the City Council in addition to approval by the Coordinator. 8. Special Events distinguished from daily uses noted above in conditions #2 and #3, shall end no later than 11 p.m. on Friday and Saturday nights and no later than 10 p.m. all other days of the week. 9. For events at which alcohol is served, the service of alcohol must end an hour before the scheduled ending time of the event. In addition, a City of Lake Forest Liquor License must be obtained and all of the conditions of the license must be satisfied. 10. When amplified music or sound is authorized any where on the site, it must be in compliance with the City’s noise regulations and must end by 10:30 p.m. Only 12 events with amplified music or sound shall be permitted per year consistent with the original approval of the Middlefork Farm development. No more than 2 outdoor events with amplified sound are permitted during any 30-day period, and the events may not be held on consecutive days. Plan Commission Minutes – June 9, 2010 Page 10 of 12 11. For Special Events that due to the number of participants and duration of the event require parking beyond that which can be accommodated on site at the specific time of the event, and in every case for events with more than 75 participants expected, off site parking and a shuttle service must be provided by the host of the event. When determining if sufficient on site parking will be available for any specific special event, consideration must be given to all other activities that may be occurring at Elawa Farm and at Elawa Park at the same time and the need to provide some parking spaces for general public use during daylight hours. Valet parking for Special Events is prohibited. At the discretion of the Coordinator, for Special Events of short duration, which conclude during daylight hours, such as a morning “fun run”, short term, on street parking may be permitted. If such approval is granted by the Coordinator, signage shall be posted as necessary limiting parking to only one side of the street. (Note: Parking across drive way curb cuts is a violation of the City Code.) General Regulations 12. No activity at Elawa Farm shall obstruct public streets or sidewalks without specific authorization from the City to do so and no activities shall impede emergency access into the site. 13. No overnight use of Elawa Farm is permitted except for use of the caretaker’s cottage in a manner typical for a single family residential house. 14. Tents shall be located within designated areas only: 1) the paddock area east of the Hay Barn and 2) the courtyard west of the Wagon Shed. The use and location of tents shall be subject to approval by the Coordinator and subject to inspection by the Fire Department. 15. At no time shall the number of people in each of the individual interior spaces at Elawa Farm or the number of people at Elawa Farm in its entirety, exceed the maximum capacity as permitted by Fire Code and as posted in accordance with that Code throughout the facility. The use of tents for specific events shall not allow the maximum overall site capacity, as posted on the site, to be exceeded. 16. All staff, volunteer and visitor parking for Elawa Farm for normal daily programs and activities shall be within the designated parking lot as it now exists or as it is later expanded in accordance with the Master Plan. 17. Expansion of the parking lot at Elawa Farm shall occur only in a manner consistent with the Master Plan with the authorization of the City Council. No more than 40 additional parking spaces shall be constructed on the site without amendment to the Master Plan and this Special Use Permit. 18. Elawa Farm shall not be used as a Polling Place for primary, general or special elections. 19. Any new buildings, alteration of existing buildings and any significant fencing or gates that may be proposed, beyond fences for utilitarian purposes which are in full conformance with the City Code, shall be subject to the review and approval of the Historic Preservation Commission. Plan Commission Minutes – June 9, 2010 Page 11 of 12 20. No permanent outdoor lighting shall be permitted except safety and security lighting which shall be installed at the discretion of the City in compliance with Code and permitting requirements. Lighting beyond that needed for safety and security shall require review and approval by the Historic Preservation Commission with consideration given to the intensity of lighting and proposed light fixtures to assure that the residential and historic character of the neighborhood and site are preserved. Lights, other than for safety and security purposes shall be turned off after activity hours. 21. Signage for Elawa Farm and the various tenants now and in the future shall be consistent with the signage plan approved by the Historic Preservation Commission. Amendments to the signage plan may be considered in the future by the Historic Preservation Commission. Garden Market 22. The Market shall only be operated under the direction of the Designated Elawa Gardener as appointed by the City Manager by a written agreement. 23. All Market operations shall be consistent with the Designated Elawa Gardener Agreement and this Special Use Permit. 24. The Market shall be a not for profit operation with proceeds from the sales to be used for continued operation, restoration and enhancements at Elawa Farm. 25. The hours of operation of the market shall be set by the Designated Elawa Gardner, but in no case shall the Market be open to customers before 10 a.m. or after 6 p.m. 26. Limited preparation of produce grown in the Elawa Farm Garden shall be permitted on the site. 27. The majority of items for sale at the Market shall be grown on the site with the exception of Christmas trees and wreaths and other seasonal items which may be brought on to the site for sale. Other 28. The City shall encourage IDOT to establish a cross walk at the intersection of Waukegan Road and Middlefork Drive to provide a safer crossing for pedestrians and bicyclists using Elawa Farm and Elawa Park. In addition, the City shall work with Northwestern Lake Forest Hospital to establish a sidewalk the full length of Westmoreland Road as a requirement in conjunction with the construction of any new building on the hospital campus, if not before. 29. Eighteen months after approval of the Special Use Permit by the City Council, a written activity report on special events including, but not limited to: the frequency of events, the type of events and any issues resulting from the events, shall be presented to the Plan Commission. The Commission shall review the report at a public meeting and forward a summary of that review to the City Council including recommendations for amendment to the Special Use Permit if determined to be appropriate. Plan Commission Minutes – June 9, 2010 Page 12 of 12 The motion was seconded by Commissioner Waldeck and was approved by a vote of 4 to 1 with Commissioner Shaw voting nay. Commissioner Shaw stated that his nay vote reflects his interest in allowing further time for the final issues to be resolved with the neighbors. Commissioner Newman recognized the efforts of all parties on this petition and in particular recognized staff member Susan Banks for spending her birthday at the Plan Commission meeting. 4. Public Hearing and Action: Continued consideration of amendments to Chapter 38 of the City Code, Subdivisions. This is part of an ongoing effort by the Plan Commission to update and clarify the various sections of the City Code pertaining to development. Consideration of this item was postponed. 5. Public testimony on non-agenda items. There was no public testimony on non-agenda items. 6. Additional information from staff. Staff provided an overview of upcoming agenda items. The meeting was adjourned at 8:02 p.m. Respectfully submitted, Catherine Czerniak Director of Community Development