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CITY COUNCIL 9-8-98THE CITY OF LAKE FOREST COUNCIL AGENDA September 8, 1998 CALL TO ORDER AND ROLL CALL Honorable Cornelius B. Waud, Mayor Samuel J. Henry, Alderman First Ward Gail T. Hodges, Alderman Third Ward John A. Andersen, Alderman First Ward Henry T. Chandler, Alderman Third Ward Thomas J. Tropp, Alderman Second Ward Mary Ann Pekarek, Alderman Fourth Ward Ashley M. Maentz, Alderman Second Ward G. Bishop Gallagher, Alderman Fourth Ward REPORTS OF CITY OFFICERS 1. Comments by Mayor Recognition of Advancement to Eagle Scout Rank Jonathan Richard Edson (Troop 48) recently earned an Eagle Badge which is the highest award in Scouting. Prerequisites include successfully organizing a project helping his local community. Jonathan’s project involved building a bridge across a wet area of Lake Forest Open Lands. 2. Comments by the City Manager 3. Comments by Council Members A. Finance Committee Chairman’s Report Consideration of a Resolution Requesting the Illinois Commerce Commission to Promulgate Alternative Maximum Municipal Utility Tax Rates for Consumption of Electricity in The City of Lake Forest This resolution was reviewed at the Finance Committee meeting earlier this evening. Passage of the resolution, attached as page 10 of the packet, is required so that the ICC can promulgate alternative maximum tax rates for consumption of electricity. Following ICC approval of the rates, the City Council will consider a revised Utility Tax Ordinance incorporating those rates. As noted at the Finance Committee, the use of alternative rates will prevent residential customers from bearing a disproportionate burden under the new consumption based tax. Recommended Action: Approval of Resolution as attached. OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL APPROVAL OF MINUTES Recommended Action: Approval of the minutes of the August 3 ,1998 Council meeting and August 4, 1998 Joint Meeting of the City Council, Ad Hoc Historic Preservation Committee, Building Review Board and Chairmen of the Plan Commission, Zoning Board of Appeals and Construction Codes Commission attached beginning on page 12. ORDINANCES 1. Consideration of a Report and Recommendation from the Zoning Board of Appeals Regarding an Amendment to a Special Use Permit for Property Located at 554 Westmoreland Road (Lake Forest Club) (First Reading and Final Approval) PRESENTED BY CITY PLANNER CATHERINE CZERNIAK (615-4299) On July 27, 1998 the Zoning Board of Appeals held a public hearing on a request for an amendment to a Special Use Permit for the Lake Forest Club located at 554 Westmoreland Road. The Special Use Permit was originally granted by the City in 1959 and has been amended several times as the Lake Forest Club has made changes to meet the needs of its members. The amendment now before the City Council would allow permanent lights to be installed on the four northeastern tennis courts. The Zoning Board of Appeals discussed the request and noted that lighting issues require careful consideration due to the potential for impact on surrounding properties. The Board recognized that the four tennis courts proposed for lighting are located away from the adjacent residential area to the south. The proposed lights would be used primarily during the summer months and the mature trees located along the southern property line of the Club would provide adequate screening. There was no public testimony presented to the Zoning Board of Appeals. The Zoning Board of Appeals voted unanimously to recommend approval of the amendment to the Special Use Permit subject to conditions. The Board’s report is attached beginning on page 26. The ordinance for the amendment to the Special Use Permit with findings and conditions is attached beginning on page 21. Recommended Actions: Grant first reading and final approval to an ordinance granting the amendment to the Special Use Permit. 2. Consideration of a Report and Recommendation from the Zoning Board of Appeals Regarding a Request for Front, Side and Corner Side Yard Setback Variations for Property Located at 79 S. Maywood Road (Price Variation) (First Reading and Final Approval) PRESENTED BY SENIOR PLANNER CATHERINE CZERNIAK (615-4299) On July 27, 1998 the Zoning Board of Appeals held a public hearing on a request for a setback variation for property located at 79 S. Maywood Road. The request is for a variety of variations to allow modest additions to the residence including a kitchen addition, a new garage and a deck. The Board recognized that the buildable area on this site is very limited due to the combined impact of the front and corner side yard setbacks. Three letters in support of the petition were submitted by neighboring property owners. The Zoning Board of Appeals voted unanimously to recommend approval of the variation with a condition to assure the preservation of the existing mature pine trees on the site. The Board’s report is attached beginning on page 38. The ordinance with findings is attached beginning on page 35. Recommended Action: Grant first reading and final approval to an ordinance granting the setback variations subject to one condition. 3. Consideration of a Report and Recommendation from the Zoning Board of Appeals Regarding a Request for a Side Yard Setback Variation for Property Located at 1071 Prairie Avenue (Konsler Variation) (First Reading and Final Approval) PRESENTED BY SENIOR PLANNER CATHERINE CZERNIAK (615-4299) On July 27, 1998 the Zoning Board of Appeals held a public hearing on a request for a setback variation for property located at 1071 Prairie Avenue. The requested variation would allow the expansion of the existing two car garage and the addition of a room behind the garage. The Board recognized that the visibility of the proposed addition would be minimal due to the location of the property at the end of the street and the relationship of the property to the surrounding homes. Several letters of support were submitted by neighboring property owners. The Zoning Board of Appeals voted unanimously to recommend approval of the variation. The Board’s report is attached beginning on page 53. The ordinance with findings is attached beginning on page 50. Recommended Action: Grant first reading and final approval to an ordinance granting the setback variation. 4. Consideration of a Report and Recommendation from the Zoning Board of Appeals Regarding a Request for a Side Yard Setback Variation for Property Located at 442 E. Illinois Road (Armstrong Variation) (First Reading and Final Approval) PRESENTED BY SENIOR PLANNER CATHERINE CZERNIAK (615-4299) On July 27, 1998 the Zoning Board of Appeals held a public hearing on a request for a setback variation for property located at 442 E. Illinois Road. This petition proposes a one story addition at the rear of the residence to allow the owners to update the existing kitchen and add a sitting area. Similar variations have been granted in the past for other properties in this neighborhood to allow rear additions to the residences while preserving the overall character of the neighborhood. Letters in support of the petition were submitted by neighboring property owners. The Zoning Board of Appeals voted unanimously to recommend approval of the variation. The Board’s report is attached beginning on page 68. The ordinance with findings is attached beginning on page 65. Recommended Action: Grant first reading and final approval to an ordinance granting the setback variation. 5. Consideration of a Report and Recommendation from the Zoning Board of Appeals Regarding a Request for a Corner Side Yard Setback Variation for Property Located at 1090 Highland Avenue (Glazer Variation) (First Reading and Final Approval) PRESENTED BY SENIOR PLANNER CATHERINE CZERNIAK (615-4299) On July 27, 1998 the Zoning Board of Appeals held a public hearing on a request for a setback variation for property located at 1090 Highland Avenue. The requested variation would allow a minor encroachment of a portion of the proposed addition into the corner side yard. The addition would align with portions of the existing residence which were constructed before the current zoning regulations were in place. The Board received no public comments on the petition. The Zoning Board of Appeals voted unanimously to recommend approval of the variation. The Board’s report is attached beginning on page 81. The ordinance with findings is attached beginning on page 78. Recommended Action: Grant first reading and final approval to an ordinance granting the setback variation. 6. Consideration of a Report and Recommendation from the Zoning Board of Appeals Regarding a Request for a Rear Yard Setback Variation for Property Located at 145 High Holborn (Radcliffe Variation) (First Reading and Final Approval) PRESENTED BY SENIOR PLANNER CATHERINE CZERNIAK (615-4299) On July 27, 1998 the Zoning Board of Appeals held a public hearing on a request for a rear yard setback variation for property located at 145 High Holborn. The setback variation would allow the conversion of the existing deck to an all season room and the construction of a new deck. The Board recognized that the proposed addition would not be visible from the streetscape, and that due to the thick vegetation along the property lines, visibility from neighboring properties would be minimal. The neighboring property owner spoke in support of the request. The Zoning Board of Appeals voted unanimously to recommend approval of the variation. The Board’s report is attached beginning on page 92. The ordinance with findings is attached beginning on page 89. Recommended Action: Grant first reading and final approval to an ordinance granting the setback variation. 7. Consideration of a Report and Recommendation from the Zoning Board of Appeals Regarding a Request for a Front and Side Yard Setback Variation for Property Located at 855 Barberry Lane (Vogler Variation) (First Reading and Final Approval) PRESENTED BY SENIOR PLANNER CATHERINE CZERNIAK (615-4299) On August 24, 1998 the Zoning Board of Appeals held a public hearing on a request for a setback variation for property located at 855 Barberry Lane. This variation is requested to allow the height of the existing garage to be increased to create useable living space. The existing residence was constructed prior to the existing zoning regulations and therefore encroaches into the required setback area. The proposed addition will extend into the setback area to a lesser extent than the existing residence. The Board received no public testimony on this petition. The Zoning Board of Appeals voted unanimously to recommend approval of the variation. The Board’s report is attached beginning on page 101.. The ordinance with findings is attached beginning on page 98. Recommended Action: Grant first reading and final approval to an ordinance granting the setback variation. 8. Consideration of a Report and Recommendation from the Zoning Board of Appeals Regarding a Request for Front and Corner Side Yard Setback Variations for Property Located at 10 S. Green Bay Road (Shannahan Variation) (First Reading and Final Approval) PRESENTED BY SENIOR PLANNER CATHERINE CZERNIAK (615-4299) On July 27, 1998 the Zoning Board of Appeals held a public hearing on a request for setback variations for property located at 10 S. Green Bay Road. The requested variations from the special setbacks that apply to this property would allow construction of a tennis court on the southeast corner of the property. The Zoning Board agreed that due to the special circumstances surrounding this lot, the proposed location of the tennis court was appropriate with the preservation of sufficient vegetation to maintain the streetscapes at this prominent corner. Several letters from neighboring property owners were submitted to the Board in support of the petition. The Zoning Board of Appeals voted unanimously to recommend approval of the variation with conditions of approval. The Board’s report is attached beginning on page 111. The ordinance with findings is attached beginning on page 108. Recommended Action: Grant first reading and final approval to an ordinance granting the setback variations with conditions. 9. Consideration of a Report and Recommendation from the Zoning Board of Appeals Regarding a Request for a Side Yard Setback Variation for Property Located at 1440 S. Estate Lane (Mitrick Variation) (First Reading and Final Approval) PRESENTED BY SENIOR PLANNER CATHERINE CZERNIAK (615-4299) On July 27, 1998 the Zoning Board of Appeals held a public hearing on a request for a setback variation for property located at 1440 S. Estate Lane. The property owner has requested a variation from a special setback and from the standard side yard setback that applies to this property to allow the construction of a detached two car garage. The Board discussed the need for a detailed landscape plan to ensure that the proposed garage will not negatively impact the streetscape of the private road. Several letters of support were submitted to the Board by neighboring property owners. The Zoning Board of Appeals voted unanimously to recommend approval of the variation with conditions. The Board’s report is attached beginning on page 126. The ordinance with findings is attached beginning on page 123. Recommended Action: Grant first reading and final approval to an ordinance granting the setback variation with conditions. 10. Consideration of a Report and Recommendation from the Plan Commission for Tentative and Final Approval of a 2-Lot Planned Preservation Resubdivision for Property Located at 327 Mayflower Road (Beck Subdivision) (Tentative and Final Approval) PRESENTED BY CITY PLANNER CATHERINE CZERNIAK (615-4299) On May 13, 1998 and on July 8, 1998 the Plan Commission considered the proposed Beck Subdivision. The proposal is for subdivision of a 3.37 acre parcel into two lots, one parcel would be just over 3 acres in size, and the other parcel would be slightly larger than a quarter of an acre. Both of the parcels are developed and the existing structures will remain. The proposed subdivision will maintain the existing density of development in this area and will preserve the existing streetscape. As part of the subdivision, a facade easement is being placed on the Gate House, the historic structure located on the smaller lot. The City Council recently discussed facade easements during consideration of the Edison Dick subdivision. Since that discussion, staff has researched the question of who should hold facade or conservation easements. Based on that research and the anticipated increase in the number of these easements that will be put in place over the coming years, staff is recommending that the City take on the role of the holder of the easements. The Plan Commission considered testimony presented by several neighboring property owners regarding the proposed Beck Subdivision. Several neighbors expressed concerns about the compatibility of the proposed small parcel with the overall character of Mayflower Road. The Plan Commission recognized that the proposed subdivision is a creative use of the Planned Preservation Subdivision provisions in the Code, and is consistent with the intent of those provisions in that it preserves a significant historic structure and the overall character of the neighborhood since no additional development will occur as a result of the subdivision. The Plan Commission voted unanimously to recommend tentative and final approval of the subdivision and approval of the Special Use Permit. Recommended Action: 1. Waive the first reading and grant final of an Ordinance granting a Special Use Permit for a Planned Preservation Subdivision. The Ordinance with findings and conditions attached is included in the packet beginning on page 138. 2. Grant tentative and final approval of the Beck Subdivision by motion. The Plan Commission's report recommending approval of the subdivision is included in the packet beginning on page 142. 11. Consideration of an Historic Preservation Ordinance. (First Reading) PRESENTED BY CITY PLANNER CATHERINE CZERNIAK (615-4299) Over the past several months, the Ad hoc Historic Preservation Committee has reconvened for the purpose of moving the City forward in its goal of preserving the historic resources in our community. The Committee has worked with consultant, Brad White, and City staff to develop a concept for an Historic Preservation Ordinance for the City of Lake Forest. The Committee spent several meetings discussing how ultimately, a comprehensive Historic Preservation Ordinance could be the key to ensuring the protection of the character of Lake Forest. However, the Committee recognized two key issues. First, that a forum for public discussion of the concept of a comprehensive Historic Preservation Ordinance is needed. Second, that there are some urgent issues relating to development and redevelopment in the community that need attention in the short term. Based on the Adhoc Historic Preservation Committee's discussion and direction, an Historic Preservation Ordinance is now before the City Council for consideration. The proposed Ordinance addresses the two key issues identified by the Adhoc Historic Preservation Committee. This Ordinance will provide the necessary framework for moving forward, as a community, toward the goal of preserving the overall character that makes Lake Forest so unique. Components of the Ordinance The Ordinance would first and foremost establish an Historic Preservation Commission. At the outset, the Adhoc Historic Preservation Committee recommends that the current members of the Building Review Board be appointed to serve as the Historic Preservation Commission. As the responsibilities of the Historic Preservation Commission change or increase, it will be important to reconsider whether a separate and distinct Commission should be established. In the short term, the Building Review Board will be able to offer its expertise with respect to consideration of demolitions and infill development within the Historic Districts. The Building Review Board currently reviews these petitions, but the proposed Ordinance will provide clearer guidelines for consideration of these types of requests. The Ordinance would establish the three existing National Register Districts, the Green Bay, Lake Forest and Vine-Oakwood-Green Bay Districts, and the existing designated Landmark properties, as the areas to which the Ordinance would apply. The Ordinance would authorize the Historic Preservation Commission to review and take action on all requests for demolition, replacement structures and new construction on vacant, infill properties within the identified areas. The Ordinance would direct that the Historic Preservation Commission is charged over time with recommending to the City Council amendments to the Historic Preservation Ordinance that would further implement the recommendations of the Report of the Adhoc Historic Preservation Committee, dated May 5, 1997. Implementation Schedule The following schedule for implementation of the Ordinance is proposed. September 8, 1998 -- City Council First Reading of the Historic Preservation Ordinance September 17, 1998 -- City Council Second Reading and Final Approval of the Historic Preservation Ordinance Appointment of the Historic Preservation Commission members November 18, 1998 -- Historic Preservation Commission First meeting of the Historic Preservation Commission The proposed Historic Preservation Ordinance is included in the packet on page 187. A map of the Historic Districts is included in the packet on page 186. Recommended Action: Grant first reading of the Historic Preservation Ordinance. UNFINISHED BUSINESS NEW BUSINESS APPROVAL OF AUTHORIZED INVOICES AND PAYROLLS During the month of August, the following amounts were disbursed from the Cashier’s account: Gen. IMRF & Cap. Imp. Water Total Invoices $ 892,178.17 $ 71,060.22 $ 963,238.39 Payroll $2,325,223.02 $168,097.99 $2,493,321.01 Totals $3,217,401.19 $239,158.21 $3,456,559.40 AUTHORIZATION OF TREASURER’S WARRANTS TO MEET EXPENSES OF SEPTEMBER, 1998 ADDITIONAL ITEMS FOR COUNCIL DISCUSSION EXECUTIVE SESSION ADJOURNMENT Office of the City Manager September 8, 1998 The City of Lake Forest is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons. Agenda Memorandum - 9/8/98 Page 9