PLAN COMMISSION 2010/03/16 MinutesThe City of Lake Forest
Plan Commission
Proceedings of the March 16, 2010 Meeting
A regular meeting of the Lake Forest Plan Commission was held on Tuesday, March 16, 2010, at
6:30 p.m., at City Hall, 220 E. Deerpath, Lake Forest, Illinois.
Commission members present: Chairman Avery, Commissioners Mark Shaw, Robert Franksen,
Michael Adelman, Tim Newman, Jack Reisenberg and Catherine Waldeck.
Commission members absent: None
Staff present: Peter Coutant, Senior Planner, and Catherine Czerniak, Director of Community
Development
1. Introduction of Commissioners and staff.
Chairman Avery opened the meeting and asked members of the Commission and staff to
introduce themselves.
2. Approval of the minutes from January 13, 2010 Plan Commission meeting.
The minutes of the January 13, 2010, were approved subject to review and clarification of one
paragraph as requested by Chairman Avery.
3. Public Hearing and Action: Consideration of a request for approval of the final plat
and associated Special Use Permit for White Stable Vineyard Subdivision. The property is
generally located south of Route 60 and west of Ridge Road and is commonly referred to as
the Reilly property. A 34-lot single family residential subdivision and vineyard are
proposed.
Owner: Reilly Partnership
Applicant and contract purchaser: Thomas Swarthout on behalf of
The Highview Group, Ltd.
Chairman Avery asked the Commissioners for any conflicts or interest of Ex Parte contacts.
Commissioner Waldeck stated that she has consulted with Mr. Swarthout regarding a potential
home improvement project, but noted that she does not believe that the discussion will affect her
ability to rule impartially on the petition.
Chairman Avery swore in all those planning to speak and invited a presentation from the
petitioner.
Mr. Swarthout re-introduced the petition noting that a great deal of work has been accomplished
since tentative approval of the plat of subdivision in the fall. He noted that since the Plan
Commission last saw this project, tentative approval was granted by the City Council and the
Historic Preservation Commission approved the relocation of the stable and coach house. He
thanked those who have been involved in the project to date including the Plan Commission,
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Lake Forest Open Lands, the Preservation Foundation, City staff and all of the neighbors who
have offered comments and raised questions. He stated that the project is better as a result of the
process. He noted that his team of professionals has made this project possible to this point and
he introduced and thanked each member of the team. He noted that the wine maker is in
attendance to answer any questions that may come up regarding the wine making process. He
reiterated that the goal of the project from the out set has been to preserve the last farm in Lake
Forest. He stated that in addition, the project goals include protecting and enhancing adjacent
neighborhoods, preserving three historic structures on the site and creating the first “green”
neighborhood in this area.
Mr. Mitchell, Mariani Landscaping, reviewed the landscape plan noting that since tentative
approval, the landscape plan has been detailed after several meetings with City staff. He gave an
overview of the plan noting that the design is focused on the winery and maintaining the
agricultural theme throughout the property. He explained the goals of the plan: to create a
unique landscape based on a rural farmstead theme, to establish a native planting palette and a
four season landscape, and to create a participatory environment. He reviewed the north
perimeter of the site pointing out that the existing berm along Route 60 will be enhanced and an
orchard planned in the northwest corner of the site. He described the mix of trees planned for the
area noting a focus on fall color. He noted that no-mow grass will be used in many areas. He
noted “fingers” of landscaping that will extend into the vineyard area from the north perimeter of
the site. He confirmed that as noted in the staff report, the vegetation at the perimeters of the
property will be maintained although scrub vegetation within those areas will be removed and
replaced with native vegetation. He stated that in areas where additional plantings are needed to
provide screening, City staff will be consulted. He discussed the areas around the ponds and
described the wetland friendly plants and trees that will be used similar to the approach used by
Lake Forest Open Lands. He discussed the east side of the site noting that the new road is
configured to preserve the significant oaks on the property. He described the area around the
stable and coach house noting formal and informal gathering spaces for wine tasting and a
cutting garden. He discussed the plant materials that will be used around the winery noting that
they will be native and in the character of a farmstead with edible materials. He explained that a
working garden will be located in the center of the vineyard. He noted that as a vegetable
garden, it will have seasonal changes. He discussed the individual lots that will be developed
with new homes noting that plantings in the rear yards of the homes will be limited in order to
preserve openness on the site and views to and from neighboring homes. He stated that
evergreens and invasive species will be controlled through the Homeowners’ Association.
Ms. Czerniak stated that this petition is now before the Commission for final approval. She
noted that the staff report reviews the conditions of tentative approval and how they have been
satisfied. She stated that the development and detailing of the landscape is the most significant
change since the Plan Commission last saw this project. She confirmed that there have been
several meetings and discussions regarding the landscape plan with City staff. She pointed out
that the landscape plan essentially creates various “zones” on the site, each with a different
landscape theme. She stated that as buildout of the development occurs, it will be important for
staff to work closely with the developer on specific plantings or removal of vegetation to assure
that the “zones” are planted out as established on the plan. She confirmed that final engineering
plans have been reviewed by staff and final comments have been forwarded to the petitioner,
none of which are significant or would result in a change to the overall plan. She noted that as
part of tentative approval of the plan, the Commission asked that further consideration be given
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to the intersection of Ridge Road, Route 61 and Route 41. She stated that both City staff and the
petitioners had discussions with IDOT and agree that there is no opportunity or desire for an
additional curb cut on to Route 60 in this area. She added that further consideration was given to
aligning Ridge Road north and south of Route 60, but that there is agreement that encouraging
cross traffic in this location is not desirable. She acknowledged that in the future, the State may
make alterations to Route 41 in this area, but forecasted that any changes are likely some years
out. She commented that the proposed development has three access points, two on Ridge Road
and one to the west, connecting with Reilly Lane. She stated that the North Carroll Meadows
subdivision was developed with the intention of extending Reilly Lane to serve the eventual
development on the Reilly property. She referenced the recommended conditions of approval in
the staff report and reviewed the issues addressed by the conditions. She confirmed that standard
public notice was provided in accordance with the Code. She recommended final approval of the
plat of subdivision and the associated Special Use Permit.
Chairman Avery suggested that an additional condition be added to allow the City to step in and
maintain the outlots and elements on those outlots, at the expense of the Homeowners’
Association, in the event that the Homeowners’ Association does not maintain the outlots in
accordance with the original approvals and the Declaration of Covenants. He noted that the City
would not necessarily do the maintenance, but could contract with a private contractor or for
example, Lake Forest Open Lands, to assure maintenance in accordance with the approvals. He
clarified that it is not his expectation that the Homeowners’ Association would not fulfill its
responsibility, but offered that this condition should address concerns raised earlier about what
happens if the winery is not successful
In response to questions from Commissioner Shaw, Ms. Czerniak stated that conditions of this
type are common and are most often used to assure proper maintenance of detention ponds. She
explained that the five year landscape guarantee period is intended to provide for twice a year
inspections of landscaping by City staff to confirm that the plantings are thriving consistent with
the intent of the approved landscape plan. She explained that during this time, the City Arborist
is able to require additional plantings to achieve the intent of the approved plan. She stated that a
Letter of Credit from the developer is held by the City for this period during which the
landscaping is expected to become established. She stated that during the first five years, the
landscaping of all of the common areas will be inspected twice a year and the developer will be
required to do replacement or enhancement plantings as determined to be necessary. She
explained that if the plantings are not completed within the time frame allowed, the City has the
ability to draw on the Letter of Credit to do the plantings. She explained that after the Letter of
Credit expires, the Homeowners’ Association is responsible for the landscaping.
Commissioner Adelman pointed out that the five year landscape guarantee period does not start
until the City accepts the improvements of the subdivision which can be several years after the
initial construction of the development begins.
In response to questions from Commissioner Adelman, Ms. Czerniak stated that she believes that
the streets in the Everett Farms subdivision are public streets. She stated that she does not know
whether Lake Forest Open Lands or the homeowners pay for maintenance of the open space area
associated with the development.
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In response to questions from Commissioner Reisenberg about the Declaration of Covenants,
Ms. Czerniak clarified that the sanitary and storm sewers in the development will be public and
therefore will be the responsibility of the City. She confirmed that snow plowing will be the
responsibility of the Homeowners’ Association and that the Declaration of Covenants
appropriately addresses this and other issues. She explained that in the staff report, only key
aspects of the Covenants were highlighted.
In response to questions from Commissioner Reisenberg, Mr. Swarthout confirmed that streets
and driveways will be plowed by the Homeowners’ Association. He confirmed that residential
sprinkler systems will be installed in the homes as required by the City. He confirmed that the
coach house will be used first as a sales office and then either as offices for the winery or as an
amenity for the homeowners. He confirmed that the small parking lot east of the coach house,
near Ridge Road will accommodate about 20 cars.
In response to questions from Commissioner Adelman, Mr. Coutant stated that homes of
approximately 3,400 square feet could be constructed on lots of approximately 15,000 square
feet.
Commissioner Adelman expressed concern that the financial responsibilities of the vineyard
could be an impediment to home buyers.
Mr. Swarthout stated that he does not consider the vineyard as an impediment to selling the
homes. He pointed out that there are only 34 lots in the development and that without the
current economic condition, the question of whether the lots would sell would not even be an
issue.
In response to a question from Commissioner Franksen, Mr. Coutant confirmed that the homes
will conform to the City’s building scale ordinance.
In response to questions from Chairman Avery, Mr. Swarthout confirmed that there will be a
deed restriction limiting fences on the individual lots consistent with the goal of preserving the
views for all of the lots.
Chairman Avery invited public comments. Hearing none, he invited final comments from the
petitioner, staff or the Commission.
Commissioner Adelman commented that he was initially interested in aligning Ridge Road but
has since received information and input that has caused him to accept the current situation of
Ridge Road. He complimented the site plan but stated that he would prefer to see half acre lots,
rather than lots of a third of an acre, to allow larger homes given the likely prices of the lots. He
stated that he is still troubled by the fact that home buyers will be compelled to buy into the
winery.
Commissioner Franksen stated that he is still troubled by the Ridge Road, Route 60, Route 41
situation, but acknowledged that it will not change as part of this development. He observed that
a “very vanilla” development proposal could have been presented for this property in a manner
that satisfied the Code requirements. He commented that instead, a world class, sustainable
development is proposed. He stated his support for the project.
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Commissioner Shaw stated that based on his comments and questions at the previous Plan
Commission meeting and at this meeting, and based on the information provided, he intends to
support the project.
Commissioner Waldeck agreed with the comments of Commissioner Franksen agreeing that it is
a unique project. She stated that the Commission has a duty to current residents to assure that
development is done in a manner that is consistent with the quality of existing developments and
in a manner that enhances property values. She stated that if she lived in this area, she would
welcome the development of this site as proposed.
Commissioner Newman stated support for the design aspect of the project but noted that he
remains troubled by the economics of the project. He acknowledged that the economics are not
the purview of the Commission and stated his intent to support the project.
Chairman Avery stated support for the project noting that the City will require the necessary
financial guarantees to assure that the project is completed consistent with the approvals. He
stated that he believes that the project will be successful and reiterated that only 34 homes will
need to be sold. He stated that the project will provide a unique product in the community and a
different life style. He stated his hope that there will be strong demand for the benefit of both the
City and the developer.
In response to questions from Commissioner Adelman, Chairman Avery confirmed that he is
comfortable that there will be sufficient financial guarantees to build the infrastructure and
complete the landscaping. He acknowledged that the guarantees will not build the homes, but
stated that with the completion of the infrastructure assured, he is comfortable with the project.
Commissioner Franksen questioned whether there would be much less risk if this development
were a standard development. He commented that if there is additional risk with this project, the
open space and additional amenities offer benefits to the community that balance that risk.
Commissioner Adelman stated that he doubts whether a developer would step forward with a
standard subdivision for this property at this time.
Commissioner Reisenberg stated that the Commission should applaud risk taking for the long
term benefit of the community.
Commissioner Franksen made a motion to recommend approval of the final plat of subdivision
and the associated Special Use Permit subject to the following conditions of approval.
1. All construction traffic shall be required to enter and exit the site using Ridge Road.
Appropriate signage shall be installed as directed by the City. All contracts for work on
the site shall stipulate the approved construction route.
2. “No thru commercial traffic” signs shall be installed at the completion of the project at
the three entrances from Ridge Road. In addition, the City shall install “No thru
commercial traffic” signs at Westleigh and Wallace Roads and Route 60 and Suffolk
Lane within 90 days of the approval of this subdivision.
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3. All Outlots shall remain in use as common space for the benefit of the homeowners in the
White Stable Vineyard development. No further subdivision of the outlots is permitted.
4. In the event that the agricultural use identified for specific outlots is unsuccessful, those
outlots may be planted with alternative “crops” as approved by the Homeowners’
Association, subject to review and approval by the Director of Community Development
or said outlots may be planted as naturalized areas. In all cases, the outlots shall remain
as open space. No habitable structures are permitted on the outlots. Garden structures
may be authorized through applicable City approval processes.
5. The City shall consult with, review and approve the installation of the landscape plan.
On site modifications shall be authorized by the Director of Community Development
and shall be noted on the approved plan to assure that the intent of the approved
landscape plan is met as planting occurs. In particular, the following goals shall be met at
the perimeter of the property through enhancements to approved plantings, changes in
species or slight shifts in plant locations if determined to be necessary by the City.
A rural, wooded streetscape shall be maintained along Ridge Road.
A buffer of vegetation and trees shall be maintained along the west property line
adjacent to the existing development in North Carroll Meadows.
6. After City acceptance of the White Stable Subdivision improvements, a five-year
landscape guarantee period shall commence. The City shall conduct twice a year
inspections and request replacement or enhancement of plantings as needed to achieve
the intent of the approved landscape plan.
7. Marketing signage shall be subject to review and approval by the City in accordance with
applicable Code provisions and processes.
8. Directional signage within the subdivision and identification signage shall be consistent
with the provisions in the Code and approved through the standard process.
9. No retail sales are permitted on the property.
10. Use of the stable, coach house and surrounding open area shall be governed by the White
Stable Vineyard Homeowners’ Association. These areas are intended for use by the
homeowners in the subdivision similar to a private clubhouse and by the winery, as
authorized by the Homeowners’ Association. Special events as defined by the City will
require review and approval on an individual basis through the established City approval
process for Special Events.
11. Residential fire protection sprinkler systems shall be installed in all of the new homes.
Prior to recording the plat of subdivision, the following conditions shall be met:
12. The final engineering plans and the plat of subdivision shall be determined to be
complete, accurate and in proper form by the City Engineer and Director of Community
Development.
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13. A Subdivision Agreement, in a form acceptable to the City, shall be completed to the
satisfaction of the City Engineer.
14. A plan for construction access, staging and storage of materials shall be submitted subject
to City review and approval.
15. All required financial guarantees and all other fees including, but not limited to impact
fees, connection fees and legal fees, shall be paid to the City.
Prior to infrastructure work, the following condition shall be met:
16. All necessary approvals from outside agencies shall be finalized and must meet the
satisfaction of the City Engineer.
Prior to the issuance of a building permit for the first home, the following condition shall be met:
17. All building permits for reconstruction of the stable and coach house shall be issued and
work on the structures, at the new location, must be underway.
18. In the event that any of the outlots, or the elements located on the outlots including, but
not limited to ponds, landscaping, bioswales or structures are not maintained in a manner
consistent with the approved plans, the Declaration of Covenants and any applicable rules
or regulations, the City of Lake Forest shall have the authority to perform, or hire a
contractor to perform, the required maintenance. All costs incurred by the City related to
maintenance shall be assessed, along with an administrative fee, to the Homeowners’
Association for White Stable Vineyard.
The motion was seconded by Commissioner Reisenberg and was approved by a vote of six to
one with Commissioner Adelman voting nay.
Commissioner Adelman explained that his vote in opposition to the project is based on the single
issue of financial viability. He wished the developer success with the project.
4. Public Hearing and Action: Consideration of a final plat to recognize an existing lot and an
associated Special Use Permit to allow a small scale studio business in combination with a
single family residence as an adaptive reuse of historic structures located at 1065 Acorn
Trail.
Owner: Craig Bergmann
Chairman Avery asked for any conflicts of interest or Ex Parte contacts. Hearing none, he swore
in all those intending to testify.
Mr. Bergmann introduced the project and himself noting that he recently purchased the historic
property at 1065 Acorn Trial with the intent of moving his residence and business to this location
from Wilmette. He stated that he is a landscape architect and garden designer and has had his
own firm for 30 years. He stated that his firm specializes in landscape design, installation and
after care and pointed out that his clients are almost exclusively on the North Shore. He stated
that his home and business are currently located in a complex of three buildings in Wilmette
noting that 14 designers work out of the space. He reviewed various projects that his company
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has been involved with in Lake Forest noting that much of the work is on historic homes. He
stated that he is excited to make his home and locate his studio in the David Adler complex. He
stated that including employees and himself, there will be up to 14 people on the site during a
normal week day. He stated that on occasion, there may be limited weekend hours. He
discussed the Waukegan Road entrance to the site that will be used by employees and the
parking for employees that will be tucked under a allee of trees. He stated that the views of the
buildings from Waukegan Road are currently obliterated by vegetation. He stated that the area
will be cleared and the orchard re-established. He said that the neighbor to the south has a
massive display of tulips in the spring and that he plans to have a display of daffodils to continue
the theme of spring flowers along Waukegan Road. He noted that historically, there was a large
tree planted in the center of the motor court and a tree will be replanted in that area. He noted
that the two gate houses will be used as his residence. He discussed the southwest corner of the
site noting the intent to construct a pool which will be in the character of a reflecting pool. He
discussed the green house he plans to relocate to the site in keeping with the historic garden
theme. He stated that he is the right person to take on the stewardship of this property and stated
his intent to honor the work of David Adler, the Armour family and the traditions of Lake Forest.
He stated that he has been an asset to the Wilmette community and his neighborhood for over 20
years and stated that he believes that he will be an asset to Lake Forest as well. He asked that the
Commission whole heartedly support the request for a Special Use Permit to allow both his
residence and his design firm to be located at this site. He introduced his architect, Michael
Graham noting that he has had the privilege to work with Mr. Graham on many projects.
Michael Graham, Liederbach and Graham Architects, stated that it is a privilege to work on this
project given the historical significance and the opportunity to be involved in restoration of the
site in such an appropriate manner. He pointed out that the buildings are intricately related to the
Elawa Farm buildings owned by the City. He stated that the revitalization of this complex will
be a benefit to the City. He stated that the primary access to the studio will be from Waukegan
Road to limit traffic impacts on the adjacent residential neighbors. He explained that employees
will park in the designated area which will be planted with trees and screened with hedges and
walk across the courtyard to the studio which will be housed in the large coach house. He stated
that the first floor of the building will be the design studio and the upper level, which historically
served as apartments for workers on the site, will be used as offices for the administrative part of
the business. He requested support of the Commission to allow the adaptive reuse of the
property in the manner described.
Mr. Coutant stated that this property has historical significance and is unique in the community
and in the Waukegan Road corridor. He noted that Mr. Bergmann is proposing to preserve and
rehabilitate the historic structures and grounds on the site. He confirmed that the site is proposed
for use as Mr. Bergmann’s residence and as studio space for his landscape design business. He
stated that the fate of this property has been in question for many years noting that the property
presents a challenge to many conventional uses. He noted that in recent years, staff was
approached by potential buyers of the property interested in developing a multi-family complex
on the site or in subdividing the property. He stated that the current proposal is a creative
opportunity to preserve and adaptively reuse this property. He stated that the property is in the
Historic Residential Open Space overlay district and therefore a Special Use Permit is required.
He noted that this district is intended to allow the flexibility needed to preserve and protect
historic and natural resources. He stated that in this case, the Special Use Permit is the
appropriate tool to allow the proposed adaptive reuse of the property. He stated that the Special
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Use Permit can be tightly written to limit uses on the property to those described and will be
written specifically for this owner, for this use and will not be transferable to a future owner or
user of the site. He clarified that the studio and limited office uses for the landscape business,
along with Mr. Bergmann’s residence, will be located on the property but no aspects of the
maintenance or installation components of the business will be staged out of this site. He
recommended approval of the final plan and the associated Special Use Permit and provided an
overview of the conditions of approval as recommended in the staff report.
Chairman Avery emphasized that as requested and recommended, this Special Use Permit would
be unique to, and assigned to, this petitioner, this property and this studio operation.
In response to a question from Commissioner Reisenberg, Mr. Bergmann confirmed that the
chain link fence will be removed and replaced with a more historic fence noting that he has two
dogs so a fence is necessary.
In response to a question from Commissioner Adelman, Mr. Bergmann confirmed that the roof
will be restored to slate.
In response to questions from Commissioner Newman, Mr. Coutant confirmed that personal
celebrations or parties normally associated with a residence may occur on the site, but any large
scale events or events associated with the business activity would not be permitted. He
confirmed that originally, this site was addressed as Waukegan Road noting that the Acorn Trail
address was assigned at the time of the Middlefork Farm subdivision. He confirmed that the
address could be reconsidered if desired by the property owner.
Mr. Bergmann stated his intention to request that the former address of 900 Waukegan Road be
restored to the site.
In response to questions from Commissioner Waldeck, Mr. Graham described the employee
parking area in more detail noting that the parking spaces will be gravel and will be located
amongst trees. He described the hedge that will screen the parking area from the adjacent
property owners. He added that there is a residential garage on the site which will be used by the
homeowners. He stated that the petitioner has been proactive in contacting neighbors to discuss
the proposed project.
In response to questions from Commissioner Waldeck, Mr. Coutant stated that this is a unique
complex of buildings, not replicated elsewhere in the R-4 district. He stated that he cannot think
of any other use in the City’s R-4 zoning district that is similar to what is proposed. He
explained that the Special Use Permit would very clearly establish the history and uniqueness of
this property and its one of a kind link to Elawa Farm, a working farm, which was linked to this
complex of buildings.
In response to questions from Commissioner Waldeck, Mr. Graham described the coach house
proposed for use as a design studio noting that the first floor is brick, inside and out. He stated
that the structure has a concrete floor and a large open space where vehicles were parked in the
past. He noted that there is also a machine shop and a “boy’s room” on the first floor where
workers gathered before and after work. He stated that upstairs there are two residential
apartments and a sleeping porch which were used by workers hired by the Armour family. He
stated that no alterations are required to allow the proposed adaptive reuse of the building.
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In response to questions from Commissioner Shaw about whether approval of this petition could
be used as a precedent for non-residential use of other residential properties, Mr. Coutant stated
that the Special Use Permit will authorize only Mr. Bergmann to operate the business as defined
and identified in the Special Use Permit. He stated that any use or business other than what is
specifically referenced in the Special Use Permit would require a separate public process and
separate approval. He confirmed that the findings of fact that support the Special Use Permit
will be written to recognize the uniqueness, historic character and unusual history of this
property. He explained that the City Code permits very limited, small scale office uses in homes
through the home occupation regulations. He noted that what is proposed on this site goes
beyond the home occupation standards and therefore requires a Special use Permit
Chairman Avery stated an understanding of Commissioner Shaw’s concerns about a future buyer
of this property wanting to have a business at this location or an owner of another property
pointing to the approvals for Bergmann Landscaping as a precedent to allow the same type of
operation at another site. He stated that in his opinion, it is the cumulative nature of the various
aspects of this site, including, but not limited to the link to Elawa Farm, direct access on to a
State highway and the use of the historic use of the coach house for a quasi-business operation
including a machine shop, that make this site distinguishable from all other sites. He added that
the business proposed for the site is also unique in its operation, longevity and demonstrated
success and involvement in the community. He noted that as the property sits today, it is
impractical for use as a single family residential home.
In response to questions from Commissioner Shaw, Mr. Graham stated that after Mr.
Bergmann’s renovation, the property will be more saleable than it is now. He stated that if in the
future use of the property as a single family home is desired, the property, after renovation as
planned, will be more available and conducive to that use than in the current condition.
In response to questions from Commissioner Shaw, Mr. Coutant clarified that the property today,
under the current zoning regulations, is authorized for a single family home. He noted that if Mr.
Bergmann’s use is not successful, the property will revert back to the permitted single family use
under the R-4 zoning.
Ms. Czerniak stated that today, the property is a “white elephant” and the work proposed for the
site will make it less of one. She confirmed that as a result of the density calculations for the
Middlefork Farm Subdivision, only a single residential unit is permitted on this parcel.
In response to questions from Commissioner Shaw, Mr. Coutant confirmed that any future
proposal to alter or demolish the historic structures on this property would require review and
approval by the City’s Historic Preservation Commission.
Commissioner Franksen reiterated that as was noted with the last petition, the Commission’s role
is not to judge the economic viability of a proposed use. He stated that instead the Commission
is charged with considering whether the proposed use or development is consistent with the
zoning district and the character of the area and in the best interest of the overall community.
In response to questions from Chairman Avery, Mr. Coutant confirmed that the three structures
are historically significant and are currently in derelict condition. He stated that this is an
opportunity to save a unique property and historic structures.
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In response to questions from Commissioner Newman, Mr. Coutant stated that the Home
Occupation standards in the Code are very specific and define what types of home businesses fall
into this category and which cross over the line and require some other special approvals.
Commissioner Adelman commented that the petitioner has been very up front with the City
about his plans and his desire to operate a business on this site. He stated that he is certain that
there are businesses operating out of homes that go beyond the Home Occupation standards but
do not generate complaints because they are not out of character with the neighborhood.
In response to questions from the Commissioners, Mr. Coutant confirmed that the findings of
fact can be re-worked to emphasize that they are considered cumulatively in the approval of this
use and that no single factor, on its own, was found to be sufficient to justify approval of this use.
Chairman Avery invited public comment and swore in all those intending to speak.
Timm Reynolds, 120 W. Westminster, stated that he is honored to speak on behalf of Mr.
Bergmann and his business. He stated that Bergmann Landscaping has extensive experience and
provides high quality design and service. He noted that he has had the opportunity to visit Mr.
Bergmann’s current residence and studio in Wilmette and found it to be invisible as a place of
business with no evidence of employees on the site. He stated his hope that the petition is
supported by the Commission noting that Mr. Bergmann will be a great neighbor, will preserve
the historic structures and re-establish a connection between this site and the gardens at Elawa
Farm.
Rich Baker stated that he lives two homes away from the site and supports the project for the
reasons stated by the previous speaker. He stated that he has one concern, traffic from the
business and its possible impact on Acorn Trail. He noted that many families walk along the
street to reach the Open Lands property and noted that at times there are cars parked on the road.
He noted that is he concerned particularly about traffic during the summer months when more
people are using the Open Lands area.
Chareton Drake, Mayflower Road, stated that she has known Mr. Bergmann in various capacities
for over 20 years. She stated that the his attention to detail is amazing and that he operates with
extreme professionalism. She commented on the amount of time Mr. Bergmann has put into
planning this project to date and applauded his goal of restoring the property. She stated her
hope that the project is approved to allow the structures to be restored, rather than torn down.
Mary Carlson, resident of Summerfield subdivision, stated that the project will be a great
enhancement to the area and the community. She stated however that Mr. Bergmann’s current
design studio is in a much more commercial area and questioned how parking will be provided
and how many cars will be accommodated on the site.
Mr. Coutant responded to public comments noting that a condition is recommended requiring
that Waukegan Road be used as the primary access for employees. He stated that parking on site
is designed to fully accommodate the permitted number of employees and clients.
Mr. Bergmann stated that Waukegan Road is intended to be the primary access for employees.
He stated that the proposed parking area is designed to minimize the impact of parking on the
Plan Commission Minutes – March 16, 2010
Page 12 of 21
historic character of the site and on the neighborhood. He stated that the parking area will be
gravel and that the number of spaces take into account that no parking is available on Waukegan
Road or on Acorn Trail. He stated that the parking area will be a “green” solution.
In response to questions from Chairman Avery, Mr. Coutant confirmed that the number of
employees permitted on the site will be limited by the conditions of approval. He confirmed that
the Commission could add a condition reserving the City’s right to prohibit access to Acorn Trail
in the future if a problem arises.
Commissioner Waldeck commented that the proposed use does not appear to be much of a
change from the original use. She noted that the original use of the property included a business
type operation in the coach house. She recognized the uniqueness of the property and the
challenge of using it as a single family home. She stated that the uniqueness of this property
protects this approval from being used as a precedent elsewhere.
Commissioner Newman stated that this is a difficult property and someone has come along who
is very passionate and talented and stated support for the project.
Commissioner Shaw stated that this is an extraordinary and well thought out proposal. He stated
that he is interested in findings that prevent someone from easily making the case to do the exact
same thing on a different site or to do something different on this site. He reiterated that the
findings should be bullet proof to avoid inappropriate use as a precedent else where. He agreed
with the Chairman that the findings should be interconnected and viewed as a whole. He stated
support for tightening up the language about traffic and access and agreed with limiting the
number of employees permitted on the site. He stated that he is concerned that this approval
could expand home occupation opportunities and requested that the ordinance be written to
prevent that outcome. He noted that the property may be difficult to sell in the future.
Commissioner Reisenberg stated that the proposed project is an incredible fit with the site. He
suggested that the Commission give consideration to limiting access to Acorn Trail to emergency
vehicles only. He stated that he is not overly concerned about a precedent being established
because the City could say no to future requests for Special Use Permits.
Chairman Avery noted that residential traffic should be permitted to access Acorn Trail, but
agreed that it there is misuse by employees, further steps may need to be taken.
Commissioner Adelman stated that his only concern is the business use of a residential property
but he stated that the positives of this project outweigh the concerns. He agreed that this
property is a white elephant and that the proposed use is a perfect match. He stated that he does
not expect that cars on the site will be visible from off of the site due to the landscaping planned.
He stated support for reserving the right for the City to restrict access to Acorn Trail in the future
if it becomes a problem. He stated that at some times of the day, there may be a safety issue with
cars accessing Waukegan Road.
Commissioner Franksen agreed with the language discussed regarding Acorn Trail which would
allow further restrictions if necessary in the future. He noted that the project restores Adler
structures and locates administrative functions for a landscape architect on the site. He
Plan Commission Minutes – March 16, 2010
Page 13 of 21
acknowledged that the trade off is allowing a business use in a residential area, but stated that the
use is compatible given the uniqueness of the site as previously discussed.
Chairman Avery suggested language for an additional condition regarding access from Acorn
Trail. He commended Mr. Bergmann for bringing the project forward noting that the City is
fortunate to have him step forward for this unique property. He stated that in his opinion, once
the work is completed, it may open up possibilities for future owners of the property. He invited
a motion from the Commission.
Commissioner Franksen made a motion to recommend approval of the final plat of subdivision
and the associated Special Use Permit authorizing Craig Bergmann Landscaping to operate a
design studio and administrative functions of the business on the property at 1065 Acorn Trail in
conjunction with Mr. Bergmann’s residence on the site subject to the following conditions of
approval which include the additional condition as recommended by Chairman Avery. He noted
that included in the motion is a statement that the Commission’s endorsement of this project is in
no way an endorsement generally of business uses in residential zoning districts. He added that
the findings in support of the Special Use Permit should reflect that the findings cumulatively,
and not individually, were found by the Commission to support the request for the Special Use
Permit.
1. The Special Use Permit shall be issued specifically to Craig Bergmann Landscape
Design, Inc. and may not be transferred to a subsequent owner of the property or business
or to another business.
2. Any change or expansion of the use shall require further review and amendment of the
Special Use Permit.
3. The Special Use Permit shall authorize the existing coach house to be occupied and used
as a landscape design studio for the landscape design aspect of Craig Bergmann
Landscape Design, Inc. The landscape design aspect of the business is limited to office
related activity.
4. The operation of the business shall be limited to the confines of the coach house. The
proposed gardens and greenhouse on the property may serve as ancillary to the business.
5. No uses, other than those which are permitted in the R-4 Residential District, shall be
permitted in the gate lodges located on the property.
6. No activity relating to landscape installation or landscape maintenance aspects of the
business shall occur on the property, including but not limited to the storage of materials,
equipment and vehicles other than that which is specifically related to the normal
landscaping of the property.
7. The Waukegan Road entrance shall serve as the primary access for vehicular activity
associated with the business use of the property.
Plan Commission Minutes – March 16, 2010
Page 14 of 21
8. Employee parking shall be limited to the proposed parking area on the north side of the
site, identified on the Site Development Plan which shall be attached as an exhibit to the
approving ordinance.
9. A vegetated screen shall be maintained surrounding the proposed parking area subject to
the approval of the City Arborist.
10. No parking shall be permitted in the front yard along Waukegan Road.
11. Any exterior lighting shall be consistent with the City’s Residential Landscape Lighting
Guidelines.
12. Any exterior signage shall be oriented to Waukegan Road and subject to review and
approval by the Historic Preservation Commission.
13. A maximum of 15 employees shall work out of the coach house building at any one time
14. Periodic visits to the property by clients are permitted.
15. The property is expected to contain “showcase” caliber gardens, and as such, may from
time to time be open to the public or part of an organized community “garden walk.”
16. No special events specifically associated with the business use shall be permitted on the
property without prior approval of the City Manager or City Council.
17. The City reserves the right to restrict access for non-residential traffic to the site to
Waukegan Road only if determines it to be necessary, at the sole discretion of the City, to
preserve the character of the neighborhood.
Commissioner Newman seconded the motion and it was unanimously approved by the Commission.
5. Public Hearing and Action: Consideration of an amendment to Chapter 46, Sections
68 and 69, Personal Wireless Service Facilities Overlay District, to include a City owned
parcel, located on the northeast corner of Westleigh Road and Western Avenue, in the
District. The amendment would permit telecommunication antennas and a tower on the site
subject to conditions and City approvals.
Chairman Avery introduced the item. He asked the Commission members to identify any
conflicts of interest or ex parte contacts. Hearing none, he invited a presentation
Ms. Czerniak noted that several letters on this matter were received and provided to the
Commission. She acknowledged that cellular antennas are not a popular subject. She stated that
there will likely be an increased number of cellular towers and antennas in the community in the
future to meet increasing demand for wireless service. She explained that the City is required to
allow telecommunications facilities to be provided throughout the community, but can designate
particular locations for the facilities. She pointed out that under the current Code provisions,
Plan Commission Minutes – March 16, 2010
Page 15 of 21
wireless facilities, including a cell tower, are currently permitted on the Barat property. She
stated that the City has received complaints from residents about poor cell phone service in
southeast Lake Forest and contacts from telecommunications companies interested in enhancing
coverage in this part of Lake Forest and other areas. She explained that this discussion is in
response to questions about whether a City owned parcel, in lieu of the Barat property, should be
considered as a permitted site for telecommunications facilities. She commented that a tower on
the City property would bring revenue to the City through lease agreements with the service
providers. She clarified that this is not a request to approve a tower, but instead, an opportunity
for the Commission to consider whether a Code amendment should be considered to provide the
opportunity for a tower to be located on a City parcel. She added that since the City’s ordinance
was adopted, technology has improved noting the example of a tower recently erected on the
College property that has no externally mounted antennas. She suggested that consideration be
given to an amendment to the Code that addresses the issue of internal versus external antennas.
She stated that staff estimates that the height of the trees on the City property near Barat Campus
is about 80’ noting that a tower would need to exceed that height to be effective and that in
accordance with the Code; the height of the tower should be such that multiple carriers could be
accommodated on a single monopole. She informed the Commission that concerns have been
raised by residents about the potential health impacts of towers and antennas located in
residential neighborhoods. She stated that in response to concerns raised, the City Attorney
confirmed that the City is required by law to permit the buildout of telecommunication facilities,
but has the ability to regulate the facilities through zoning provisions. She reviewed the location
of existing towers in the community. She noted that there are other City owned parcels and
rights-of-way in the general area of Barat Campus that could be possible sites. She stated that
this matter is before the Commission for discussion and direction on whether a Code amendment
should be considered or whether the currently identified site is the best option.
In response to questions from Chairman Avery, Ms. Czerniak provided photographs of a tower
within the community with external antennas and the tower recently erected at the College with
only internal antennas. She stated that the tower at the College is approximately 80 feet but is
constructed in a ravine. She reviewed a map showing the area on Barat Campus where a tower
of 110 feet is currently permitted and the location of nearby parcels owned by the City where a
tower could potentially be placed if the Code were amended.
Chairman Avery questioned whether a the City owned right-of-way where the ComEd substation
is located would be a better location than the Westleigh Road and Western Avenue parcel.
In response to a question from Chairman Avery, Ms. Czerniak confirmed that a 110 foot tower
could be erected at Barat Campus because it is a permitted location for a tower in the City Code.
She said the Council directed the Plan Commission to consider whether the Code should be
amended to identify a City parcel, in addition to or instead of, Barat Campus as a permitted site.
In response to a question from Commissioner Newman, Ms. Czerniak stated that the Code
authorizes towers of varying heights at different locations throughout the City. She noted that
there is a provision in the Code that allows an additional 20 feet in height, beyond that permitted
in the Code, under certain conditions. She confirmed that if the Code is amended to add a site,
the regulations could be tailored to that particular site.
Plan Commission Minutes – March 16, 2010
Page 16 of 21
In response to questions from Commissioner Newman, Ms. Czerniak confirmed that Federal law
requires municipalities to allow telecommunications providers to build out their systems to
provide coverage to all areas. She confirmed that the Code could be amended to place
limitations on height, appearance of the tower and specific locations.
Commissioner Newman commented that since the Code allows a tower to be built on Barat
Campus, the question is whether Barat is the preferred location for a tower, not whether there
should be a tower. He compared the debate to Costco noting that there will likely be a tower in
this area and the City may or may not share in the revenues from that build out.
Commissioner Franksen concurred that there are no good cell towers and no good sites. He
agreed that the discussion is whether the City should be prepared to offer a site on City owned
property in the event that a tower is proposed.
Commissioner Adelman stated that the high voltage wires are visible from Sheridan Road in this
area. He pointed out that the cell tower near The Lockup is shorter than the utility towers along
Route 41 and the high voltage lines. He stated that the visual impact is the base of the antenna
unless you are a distance off from the tower. He stated that at the City site, the base of the tower
would be heavily screened by the trees.
In response to questions from Commissioner Reisenberg, Ms. Czerniak stated that in 1997, the
City adopted Code provisions identifying locations in the community for towers and antennas.
She stated that the sites were identified with the support of the property owners. She said that
towers and antennas are permitted at the identified sites with only review as part of the building
permit process. She noted as part of that process, requirements such as landscape screening,
would be assured. She stated that if a permit were applied for tomorrow, a permit could be
issued within 15 business days. She stated that if the Commission chooses to approve a new site,
a recommendation could be made that Barat campus be removed as a permitted site.
In response to questions from Chairman Avery, Ms. Czerniak confirmed that normally small
portions of a parcel are leased for towers and revenues from the leased area accrue to the
property owner.
In response to questions from Commissioner Adelman, Ms. Czerniak explained that under the
Federal Communications Act, the City cannot disapprove a tower because of health concerns.
She confirmed that several towers are located on the Lake Forest Hospital campus.
In response to a question from Commissioner Waldeck, Ms. Czerniak stated that the trees on the
City owned parcel at Western Avenue and Westleigh Road are estimated at 80 feet in height.
Ms. Czerniak stated that the spirit of the current Code provisions is that the number of towers
should be limited and that co-location of multiple carriers at a single site should be encouraged.
Commissioner Newman noted that in looking at the map of the approved tower sites, it is
apparent that the area being discussed has a gap in coverage. He expressed interest in
understanding what minimum tower height might serve to adequately cover the gap that exists.
Plan Commission Minutes – March 16, 2010
Page 17 of 21
Chairman Avery invited public testimony and swore in all those intending to speak. He
recognized that there may be parties in the audience speaking on behalf of telecommunications
companies and commented that those individuals are welcome to speak, but cautioned the
Commission that if the City wants an expert opinion on technical aspects of this issue, those
speakers should not be considered as an independent, expert opinion.
Richard Riley identified himself as an attorney speaking on behalf of SBA Towers, a major
tower owner and operator. He stated that he is also the Chairman of the Regulatory Committee
for the State of Illinois Wireless Association. He discussed how signals are provided and the
expected demand for wireless service in the future. He stated that the growth in demand is
phenomenal. He provided graphs of usage data and slides of coverage throughout Lake Forest.
He discussed the City parcel noting that it is deeper than it appears and provides dense tree
coverage. He stated that he looked at Barat Campus and talked with the Court appointed
receiver. He stated that the City site will provide the best coverage for this area.
Wanchay Chanthadouangsy stated that she is an attorney representing T-Mobil, LLC. She stated
that when complaints about service are received, representatives are sent to evaluate those areas
and said that she has been sent to find a solution to poor T-Mobile coverage in this area. She
noted that she met with City staff to discuss opportunities for improving coverage and as a
follow up, continued her research examining various locations to improve coverage. She stated
that T-Mobile engineers determined that a height of 160 feet could provide the necessary
improvements to coverage in this area. She stated that a minimum height could be looked at to
determine what would be lost with a lower height. She noted that coverage is not the only issue,
but also capacity given the increased demand for wireless service.
Kathy Dorman, 730 Highview Terrace, stated that she was on the Trustee Improvement
Committee at Lake Forest College when the new tower was approved. She stated that the tower
is located in a ravine and about one-third of the tower is below the surrounding land. She noted
that the operating equipment for the tower is located in the ravine. She stated that the existing
nearby smokestack is visible so the addition of the tower in this area does not attract attention.
Resident of 1075 Ringwood Road discussed health issues related to electromagnetic fields and
health concerns. He referenced a study completed in California and other studies that have
concluded that there are health impacts from electrical fields. He stated that the proximity of the
tower to neighboring schools needs to be considered. He stated that locating a tower near a
residential area will impact the property values and children. He asked that a study be completed
to determine the impact of emissions of the cell tower. He asked that all avenues be considered,
not just the potential revenues.
Michael Williams, 428 Beverly Place, stated that he recently moved to a house near the proposed
site and is shocked to hear that a tower of 160 feet is being considered in this location. He
questioned how a tower of that height could be screened. He stated that if he had known of this
proposal, he would not have purchased his home. He said the Commission’s role is also to
consider the impact of any development on property values. He questioned why, if wireless
service is so bad in the area, it has taken so long for the companies to add facilities.
Sandy Ganun, Lake Forest resident, stated that he submitted a letter to the Commission. He
stated that there is a problem with adequately notifying the public about items being discussed.
Plan Commission Minutes – March 16, 2010
Page 18 of 21
He stated that the proposed tower will be a visual blight to this area. He questioned whether the
height of existing towers could be increased to provide better coverage. He noted that the long
term health effects from EMF radiation are unknown. He questioned whether a tower should be
located in a residential neighborhood and near schools.
Nina Ganun stated that she because aware of the discussion of this matter by seeing the last Plan
Commission meeting on television. She asked if the Barat site could be excluded from the Code.
She asked if trees would be removed to accommodate a tower on the City parcel. She asked
about the revenue the City would receive and questioned whether that would balance the loss in
property values. She questioned whether there is a problem with service in the area and asked
that a survey be conducted on this matter. She asked that the City develop an email list to keep
residents informed on issues in the community. She stated that the City has an opportunity to
preserve, not destroy adjoining neighborhoods and the Barat property. She stated that the risk is
not worth the reward. She stated that the City can just say no. She noted that schools were not
notified of this item and that there are deficiencies in the City notification process.
Georgia Keriacu, 454 Beverly Place, noted the Commission stated earlier that it is the duty of the
Commission not to do anything that has a negative effect on property values. She discussed the
Costco matter noting that she was a supporter of Costco, but noted that it was turned down due to
environmental impacts. She said if environmental impacts influenced that decision, they must be
considered here given the location in a residential neighborhood. She stated that it is not the
Commission’s responsibility to generate revenue for the City. She questioned how many
families are complaining about poor service and whether the City is out of compliance with
Federal laws pertaining to wireless facilities. She said that future technology will make towers
obsolete. She said that if there is compliance with Federal laws, no new towers should be
constructed. She encouraged the Commission to reject the proposal.
Abby Fassnacht, 451 Beverly Place, read a letter from her neighbor, a physician, expressing
concern about health issues related to cell towers.
Holly Williams, 428 Beverly, stated that she returned to Lake Forest because it is a special place
and holds itself to high standards. She stated that there may be a need for more wireless
capacity, but the site needs to be selected carefully. She stated that the tower will destroy the
character that the community is trying to retain.
Ms. Czerniak responded to public comments noting that towers and antennas are located on the
campuses of several educational institutions and on the hospital campus. She stated that this
matter is not before the Commission solely as a revenue matter, but instead, the City Council
sought to be proactive in considering whether Barat Campus is the appropriate site for a tower in
this area. She reconfirmed that the Barat site could be removed as a permitted tower site if
another site is determined to be better for the community. She stated that the Barat property has
challenges that make future redevelopment complicated and commented that adding a tower to
the site when the future of the property is unknown could further complicate redevelopment.
She stated that public notice was provided over and above the Code requirements. She
acknowledged that some tree removal would be required if the City site was determined to be
appropriate for a future tower but that removal would be minimized and significant trees would
remain on the site to provide screening at the base of the tower. She stated that the City can
work to verify whether gaps in coverage exist. She said the question is not whether the City is in
Plan Commission Minutes – March 16, 2010
Page 19 of 21
compliance with Federal law, but that the Federal laws require the City to allow companies to
build out their systems. She stated that staff can seek further input from the City Attorney on the
obligations of the City, as well as the limitations.
In response to questions from Commissioner Franksen, Ms. Czerniak confirmed that Fort
Sheridan is not owned by the City, but acknowledged that it could be considered as a possible
site if the property owner is willing. She clarified that if the Commission determines that Barat
Campus is the best site in this part of the community, the Code could be left alone. She
commented that based on the information available to the City at this time, it is likely that
additional telecommunication facilities will be needed to serve this area sooner or later. .
Commissioner Reisenberg commented that this is a difficult decision and suggested that other
possible sites in the area be considered. He stated that the City is faced with the question of not
whether a new tower will be needed at some point, but where it should be located and how it
should be constructed to minimize the impact on the community.
Commissioner Newman suggested reviewing City owned parcels in this vicinity to understand
possible options to help determine whether the Barat site can be replaced with another location.
Commissioner Franksen reiterated that the issue is how additional wireless coverage will be
provided to the area, now whether there will be additional coverage. He stated that the question
is how this gets accomplished with the least impact on the community. He supported continuing
discussion of this matter to allow additional information to be provided. He stated that the
Commission owes it to the community to consider various options and potential sites.
Commissioner Adelman stated that the issue is the aesthetics of a tower and visual impact on the
surrounding area. He noted that people are bombarded by radiation on a daily basis, from
various sources but agreed that the health effects may not be fully known.
Commissioner Franksen confirmed that the Commission’s role is look at this issue from a broad
perspective and clarified that the Commission’s job is not to find ways to generate revenues for
the City. He stated that it is appropriate for the Commission to reconsider whether the approved
site on Barat Campus is in the best long term interest of the community, or whether some other
site would be better. He cautioned that the due diligence should be completed quickly given that
a tower is today permitted on Barat Campus.
Commission Waldeck stated that additional wireless service facilities are inevitable but agreed
that the Commission should evaluate the options available and put tools in place to control what
is constructed to the extent possible.
Commissioner Newman stated that he lives in the neighborhood and noted that other
Commissioners do as well. He stated that he respects the arguments presented by the neighbors
but said that some of the comments are based on fear and fail to recognize the position the City is
in with respect to allowing the provision of wireless service, by various companies, in the
community. He stated that the Commission’s role is to control, to the extent possible, what
facilities are built, how they are built and where they are built.
Plan Commission Minutes – March 16, 2010
Page 20 of 21
Chairman Avery noted that he lives in Whispering Oaks, near the proposed site. He pointed out
that the City cannot deny a tower based solely on aesthetics. He stated that although he drives
around the community often, once this issue came up, he had to actively look for the existing
towers. He stated that once a tower is constructed, it blends into the skyline. He noted that with
respect to health issues, towers are currently located at the hospital and on the campuses of
schools within the community, at the request of those institutions. He acknowledged that a 160
foot height is too tall and that there needs to be better understanding of the minimum height
required to provide proper service. He stated that tree removal can be addressed in a manner that
ensures continued screening. He acknowledged that technology is changing, but stated that no
one is predicting the need for fewer towers in the near future. He stated his preference is to have
the tower, if one is needed, on a City owned property so that the City has control of the site and
can assure removal of the tower if the technology becomes obsolete. He stated that the reality of
the situation needs to be considered and agreed with other Commissioners that consideration
should be given to the best location to allow the City to be proactive in directing where future
facilities are permitted. He recommended the location on City right-of-way, near the ComEd
substation as a more suitable location than the Western Avenue and Westleigh Road site. He
acknowledged that there is less screening in that immediate area, but noted that the homes may
be better screened overall from the site. He stated that this matter needs further discussion by the
Commission as additional information becomes available.
Commissioner Franksen stated that it will be important for the Commission to have an
understanding of the minimum height needed to address the coverage needs. He suggested that
City staff seek an independent expert opinion on this question. He asked that consideration be
given to providing graphics to illustrate the height of the tower and its visibility from different
points. He made a motion to continue discussion of this item to a future Plan Commission
meeting.
Commissioner Reisenberg seconded the motion and it was unanimously approved by the
Commission.
6. Public Hearing and Action: Consideration of Amendments to Chapter 46, Sections 52
thru 53.3 relating to vacant storefront windows in business districts.
Mr. Coutant introduced this item noting that several months ago, the Commission directed staff
to draft Code language to address vacant store front windows for consideration by the
Commission and for public comment. He directed the Commission to the draft language
included in the Commission’s packet commenting that the proposed language is intended to be
short and simple with the goal of achieving “neat and clean” store front windows in spaces that
are either vacant or under construction. He stated that the language is not intended to be
burdensome to the property owners, pointing out that a minimum requirement is established that
can be easily and inexpensively achieved. He noted however that the proposed language also
provides the opportunity to enhance store front windows through coordination with local not for
profit groups or neighboring businesses to install window displays. He explained that the
language permits store front windows to be used for displays of artwork, historical information
or for display of items that are for sale in neighboring businesses. He stated that the sign
regulations in the Code would still apply. He noted that in developing the proposed language,
staff invited review, comment and ideas from the Chamber of Commerce, the City’s Economic
Development Coordinator and the Deerpath Art League.
Plan Commission Minutes – March 16, 2010
Page 21 of 21
Commissioner Franksen stated that support for the amendment as presented.
In response to questions from Commissioner Adelman, Commissioner Franksen noted that the
permitted signage would provide information on the exhibitor.
Commissioner Adelman questioned whether the permitted size of the sign is large enough.
Chairman Avery suggested that the size of the sign as proposed is appropriate and invited public
comments. Hearing none, he invited final comments from staff and the Commission.
Commissioner Franksen made a motion to recommend to the City Council amendment to the
City Code as presented in the staff report, pertaining to vacant storefront window.
The motion was seconded by Commissioner Reisenberg and was unanimously approved by the
Commission.
7. Public testimony on non-agenda items.
There were no additional comments from the public.
8. Additional information from staff.
Ms. Czerniak stated that the City Council asked the Plan Commission to consider whether the
City should establish a policy, either for the short term or for the long term, regarding incentives
for residential developments under certain conditions. She stated that staff, working with the
City Attorney, identified three categories of possible incentives: give aways such as approving
increased density or relaxing regulations, deferrals such as delaying the timing of impact fee
payments, and financial tax incentives such as the creation of special assessment or special
service districts or Tax Increment Financing districts. She stated that the Council’s direction to
the Plan Commission included the directive that the Council is not interested in “give aways”
that would result in lower quality developments or straying from the community traditions of
preservation of open space and other standards. She explained that the Council directed the Plan
Commission to consider the value to the community of offering incentives that may fall into the
categories of deferrals and or financial incentives. She stated that given the late hour, this matter
will be brought back to the Commission for discussion at a future meeting. She provided the
Commission with a background memo and some articles on the matter.
The meeting was adjourned at 11:00 p.m.
Respectfully submitted,
Catherine Czerniak
Director of Community Development