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ZONING BOARD OF APPEALS 2015/09/30 MinutesThe City of Lake Forest Zoning Board of Appeals Proceedings of the September 30, 2015 Meeting A regular meeting of the Lake Forest Zoning Board of Appeals was held on Wednesday, September 30, 2015 at 6:30 p.m., in the Council Chambers at City Hall, 220 E. Deerpath, Lake Forest, Illinois. Zoning Board of Appeals members present: Chairman Robert Franksen and Board members Jay Kennedy, Lloyd Culbertson, Louis Pickus and Mark Pasquesi Zoning Board of Appeals members absent: Richard Plonsker and Kevin Lewis Staff present: Catherine Czerniak, Director of Community Development 1. Introduction of Board members and staff, overview of meeting procedures. Chairman Franksen reviewed the role of the Zoning Board of Appeals and asked members of the Board and staff to introduce themselves. 2. Consideration of the minutes of the August 24, 2015 meeting of the Zoning Board of Appeals. The minutes of the August 24, 2015 meeting were approved as submitted. 3. Consideration of a request for approval of an amendment to the existing Special Use Permit for Farwell Field at Lake Forest College, 250 Washington Road, to allow the use of temporary, seasonal lights on the football field, on an annual basis, for three weeks after daylight savings time ends. Owner: Lake Forest College Representative: Jackie Slaats, Director of Athletics Chairman Franksen noted that he was contacted by a neighboring property owner about the petition but stated that he encouraged the neighbor to contact staff for information. He asked the members of the Board to declare any conflicts of interest or Ex Parte contacts, hearing none; he invited a presentation from the petitioner and swore in all those intending to speak on this petition. Ms. Slaats provided background on the request noting that prior to 2013, in the weeks immediately after the end of daylight saving time; the College teams were able to use the Peyton Center, at the Chicago Bears headquarters, for indoor practices. She explained that in October, 2013, the College was notified that as a result of new policies put in place by the NFL, the College would no longer be able to use the Bear’s indoor practice field. She stated that in 2013, the College scrambled to find alternative practice fields for the three weeks after the end of daylight savings time. She stated that the teams’ seasons extend a short time after the end of daylight savings time and added that if the teams get into post season play, the season can Zoning Board of Appeals Minutes Page 2 of 15 September 30, 2015 be extended for up to three weeks after the end of daylight savings time. She stated that in 2013, teams were sent to any fields that were available, in some cases the fiel ds were outside of Lake Forest. She explained that getting a commitment from other organizations to use their fields is difficult until other teams know if they are involved in post season play. She added that transporting Lake Forest College students to other fields for practice is difficult to coordinate. She explained that in 2014, the City agreed to allow a one-time trial use of temporary lights on Farwell Field. She noted that the City’s approval was challenged in Court by one neighbor and the Cour t agreed to allow the one-time use, but required that any future use be considered through the Special Use Permit and public hearing process. She stated that the College desires to use temporary lights again in 2015 and that is the reason for this petition. She explained that regular season soccer practices will continue one week after the end of daylight savings time and football practices will continue for two weeks. She added that if the teams are involved in post season play, the lights will be needed for up to three weeks after the end of daylight savings time. She stated that the College sent letters to neighboring property owners informing them about the petition and held an information session for the neighbors. She stated that four neighbors attended and a light was brought on to the field to show the neighbors what is proposed. She stated that the only concerns heard from the neighbors were about the noise level of the generators. She stated that the College is investigating ways to baffle the sound from the generators. David Siebert, Director of Facilities, Lake Forest College, offered some additional background explaining that Farwell Field was donated to the College by Senator Charles Farwell in 1902 for use as a football field and has been used for athletic activities ever since. He noted that for several years, the Chicago Bears practiced on the field and later, the Chicago Fire used the field. He stated that several years ago, new stands and a press box were installed after approval through the Special Use Permit process. He described the portable lights proposed for use. He stated that based on experience last year, six lights are now proposed for use rather than four lights. He stated that the proposed six-light configuration should better focus light on to the field and limit spillover light off the field. He stated that the light poles w ill be extended only during periods of use and retracted between practices. He stated that each light is powered by a diesel generator which has a sound level similar to a garbage disposal at 100 feet away. He stated that the lights will be slightly taller than the grandstand and slightly shorter than the press box. He presented some images of the existing landscape that surrounds the field. Ms. Czerniak confirmed that like other institutions in residential areas, Lake Forest College is authorized through a Special Use Permit. She pointed out that the College pre-dated the City itself and was later recognized by the City through the issuance of a Special Use Permit. She noted that over the years the Special Use Permit was amended as the Campus was updated and modified. She stated that in 2003, at the City’s urging, the College came forward with an updated Master Plan for the Campus and that plan was recognized by the City through an updated, comprehensive Special Use Permit. She stated that the request before the Board is for an amendment Zoning Board of Appeals Minutes Page 3 of 15 September 30, 2015 to that Special Use Permit as it pertains to Farwell Field. She noted that the 2003 Special Use Permit is included in the Board’s packet. She stated that the present request is to allow the temporary use of portable lights on Farwell Field on an annual basis. She noted that approval is recommended subject to several conditions of approval as detailed in the staff report. She added that the staff is also recommending that outdated conditions in the Special Use Permit pertaining to Farwell Field be removed since they are no longer applicable. She clarified that in response to a question raised in correspondence submitted to the Board, the College is approved by a Special Use Permit and is a conforming use. She noted that correspondence received on this petition was provided to the Board. She added that the resident at 494 Illinois Road called the City and stated that in general, the College is a good neighbor but expressed concern about permanent lights being installed in the future and about loud music being played if practices are extended with the lights. She concluded noting that the question before the Board is whether to recommend approval or denial of the request from the College to allow the use of temporary lights on Farwell Field on an annual basis. In response to questions from Chairman Franksen, Ms. Czerniak confirmed that in 2003 an updated Master Plan for the College and an updated Special Use Permit were approved. She explained that some of the conditions put in place at that time pertained to how the improvements then planned at Farwell Field shoul d proceed. She stated that since that time, the improvements were completed. She stated that the staff report suggests that the conditions that have been achieved, and are no longer relevant, be removed as part of this update. She stated that the text in the staff report reflected in strikeout text indicates the conditions that are no longer relevant. In response to questions from Chairman Franksen, Ms. Slaats confirmed that the College hopes to receive approval to use the lights this season, beginning after November 2nd, the end of daylight savings time. She stated that the College has spent considerable time looking at options including opportunities to use other fields and options for lights. In response to questions form Board member Pasquesi, Ms. Slaats confirmed that the College contacted all of the area high schools, the City and the Waukegan and Libertyville Park Districts. She noted that with three teams, players and support staff, and the need to work around classes and meals, the logistics are difficult. She reiterated that the availability of fields at other locations at the end of the season is dependent on whether other teams are in post season play. In response to questions from Board member Pickus, Ms. Slaats stated that teams will have condensed practices on the field, under the lights. She stated that the lights will not be used on the weekends, only Monday through Friday. In response to a question from Board member Culbertson, Ms. Czerniak confirmed that allowing the use of temporary lights on the field reverses the prior prohibition of the use of lights on the field. She pointed out that this request is not for the installation of Zoning Board of Appeals Minutes Page 4 of 15 September 30, 2015 permanent lights. In response to questions from Board member Culbertson, Ms. Slaats stated that the intent is to have players leave the field at 7:30 p.m. to allow time for the lights to be turned off by 8 p.m. She confirmed that the lights will remain on the field for the three week period, but will be lowered except during practices. She explained that by using six lights, instead of four, the light can be focused more directly on the field, reducing spillover light into the neighborhood. She acknowledged that by adding two lights, there will be two additional generators as well. She stated that various light configurations were explored in an effort to find the layout that minimizes spillover light while also eliminating dead spots on the field for player safety reasons. She stated that the portable lights are about 440 lumens per light as opposed to 1.2 million lumens which is more standard for a permanently installed field light. She stated that measures will be taken to baffle the sound. In response to questions from the Board, Brian Bruha, Director of Athletic Facilities at the College, explained that matting will be placed around the generators and will be modified as needed to maximize the sound mitigation. He acknowledged that the baffling is untested at this point. Ms. Slaats added that last year, the College did not receive any complaints about the sound of the generators. She stated that the issue of noise was raised by a neighbor at the recent information session held by the College. In response to a question from Board member Culbertson, Ms. Slaats stated that the lights will be 30 feet in height. In response to questions from Board member Kennedy, Ms. Slaats confirmed that at the neighbor meeting, where a sample light was presented, no baffling was provided around the generator. She noted that because of the size of the football field, the generators will be spread out and the sound will be disbursed. She stated that she was pleasantly surprised by the level of the sound from the generators last year. In response to questions from Board member Pasquesi, Ms. Slaats reviewed the relationships of nearby houses to the field and to the proposed locations of the lights. Hearing no further questions from the Board, Chairman Franksen invited public comment. Scott Morcott, 794 E. Illinois Road, stated that he is in full support of the proposal. He stated that his backyard backs on to fields behind the ice rink and stated that he sees practices of various types on the field throughout the year. He stated that the practices do not bother him. He stated that due to his business, he interacts with athletes from the College on a regular basis. He stated that this time of year, athletes need to practice noting that it is a safety issue and athletes must stay in shape and practice on the field. He stated that he appreciates the need to mi tigate impacts on Zoning Board of Appeals Minutes Page 5 of 15 September 30, 2015 the neighbors but noted that he is a neighbor and is in full support of the request. Robert O’Neill, attorney, stated that he, along with his associate, Kevin Bry, are representing Locke Walsh, a resident who lives right across the street from the field and the proposed lights. He stated that the reason they are present is because last year, his office worked with Mr. Walsh and sued the College over the lights on the field. He explained that last year, the College tried to get a Special Use Permit without going through the public hearing process. He stated that his client did not like that. He stated that as a result of the litigation, the College and City agreed that future requests for lighting on the football field would be considered through a Special Use Permit process. He referred to a letter that he hand delivered letter to the City earlier in the day and noted one correction. He directed the Board’s attention to the first paragraph and reviewed the language relating to restrictions on non-conforming uses. He noted that the field is located in the R-4 residential area. He pointed out that the City, through the Building Review Board, likes to control lighting in residential areas. He suggested that the Board should take that into account when considering the paragraph he referred to in his letter regarding non-conforming uses. He stated that the football field is a non-conforming use that the neighborhood grew up around. He stated that to start changing and expanding the use of the field will have an impact on the neighborhood. He questioned where the changes would stop. He noted that included in the material he submitted were three letters that Mr. Walsh received from surrounding neighbors who support his position and are concerned about the use of lights on the field. He noted that one neighbor, Mr. Schiller, referenced photos in his letter. He distributed the photos to the Board. He instructed the Board that all of the applicable criteria in the Code must be considered and satisfied before recommending approval of a Special Use Permit. He stated that the criteria are a test that must be met. He reviewed the criteria. He stated that the use of the field at night could create a safety issue for the neighborhood with all of the additional people that will be present. He stated that the neighbors should be able to enjoy their property without the proposed additional use. He reiterated that Farwell Field is already a non- residential use in a residential area. He stated that the residents should be able to expect that the City will protect the residential neighborhood. He stated that he believes the College has other options. He stated that the College has the burden of proving that the proposed expanded use will not have a negative impact on the surrounding residential properties. He noted that what is proposed this year is more than what occurred last year noting that more lights are proposed. He stated that to his knowledge, a meeting was never held with the neighbors after the lights were used last year. He stated that the Coll ege is now asking for approval to use the lights each year. He stated objection to approving the use of the lights for more than one year. Mr. Matheson, 555 E. Illinois Road, noted the location of his house near the football field. He stated that the landscape images presented by the College were likely taken prior to recent trimming that occurred in the area and when the trees and vegetation are in full foliage. He stated that what was presented is not an accurate depiction of the conditions at the time the lights are proposed to be used. He stated that he was out of town during the open house held by the College and was not able Zoning Board of Appeals Minutes Page 6 of 15 September 30, 2015 to attend. He stated general frustration in dealing with the College noting the inconvenience and safety issues related to College activities. He stated that last year the process for considering lights was broken and did not allow for public comment. He stated that last year lights caused him inconvenience noting that his living and three season rooms were unusable due to the lights shining directly into his home. He stated that the lights illuminated his front porch and the area smelled like diesel fumes. He noted that the 2003 conditions of approval required that the appearance of mass of the bleachers be minimized. He stated that he is not comfortable removing that condition as part of the present request that is being considered. He noted concern about the sound from the generators and also concern about the safety of using combustible materials near the generators to baffle sound. He pointed out that the College has been aware of the need for practice fields since 2013 and questioned why the College is only now trying to rush this approval through the process. He stated that the neighbors will be the victims of the neighbors’ poor planning. He stated that the letters received from the College are not timely and noted that his concerns are not taken seriously by the College. He stated that he has not contacted Ms. Slaats with concerns, but has contacted the College security personnel. He stated that when he moved to the neighborhood, he never imagined lights on the field. He stated opposition to an ongoing approval of lights on the field. He suggested that if the Board determines that a recommendation on this request should be forwarded to the City Council, consideration should be given to allowing only a one-time approval and then, afterwards, further evaluation and feedback from the neighbors. He stated that he will take photos to show the impact or lack thereof on his property. Fran Pease, 181 Wildwood Road, stated that she has lived in Lake Forest for 15 years but just purchased a home near the College about a year ago. She stated that she is in full support of the College. She stated that she chose her home because of its location near the College. She stated that the athletic field and the energy from the field is a huge positive in her opinion. She stated that she knows other neighbors in the area that also support the College. She stated that people who buy homes near Farwell Field have some responsibility to understand the activity the field brings with it noting that the field predated the homes in this area. She stated that it is not unusual for football fields to be lighted noting that there are lights on the high school field at West Campus. She stated that she received ample notice of the hearing from the College noting that she received a certified letter from the College on this matter about a month ago. She disclosed that her husband works at the College and is a volunteer football coach. She stated that he was on the field last year when the lights were used and he could comfortably have a conversation while the generators were running. Larry Crohn, 237 Washington Circle, stated that he was born and raised next to Farwell Field and still lives in the area. He provided an overview of the history of the neighborhood. He stated that the College has done a good job landscaping the campus through the years noting that landscaping was added to the parkway on Illinois Road, near Farwell Field. He noted that there used to be parking up against the fence on Farwell Field and there were many entrances for pedestrians into the field Zoning Board of Appeals Minutes Page 7 of 15 September 30, 2015 from the neighborhood which have been removed. He noted that improvements have been made throughout the years. He stated that he did not know the lights were in use last year until he drove by the field. He stated that the lights will not be permanent and the fixtures will be directed on to the field . Art Miller stated that he recently retired from Lake Forest College and lives on Wildwood Road and is a neighbor of the football field. He added that he is the current President of the Lake Forest Preservation Foundation. He stated that traditionally, the community has been concerned about lighting that is diffuse and glaring. He noted that the proposed lighting will be directed down on to the field and away from the road way. He pointed out that some of the neighbors’ concerns may be addressed by the way the lights are being handled. He pointed out that the College is only proposing to use lights on the field 30 to 45 hours per year. He stated that the lights as proposed will not affect the character of the neighborhood. He agreed that the College will need to figure out a way to baffle the noise from the generators. He stated that the request is responsible recognizing that in the past; women’s sports were not as plentiful as they are today creating a greater demand for practice time on the fields. He noted that much of the year; Farwell Field is unused and benefits the surrounding residents as open space all year long. He noted that many residents are used to having a view of an open field with the exception of the few afternoons and evenings when it is used. He suggested that blinds could be used by neighbors to reduce light impacts. He stated that in his opinion, what is proposed is not a threat to the overall visual character of the neighborhood. Kevin Bry, attorney for Locke Walsh, stated that the Settlement Agreement from last year requires the College and City to follow a process for considering lights on Farwell Field. He added that the criteria in the Lake Forest Zoning Ordinance must be applied to the request for a Special Use Permit. He stated that a use proposed at a particular location should be evaluated based on whether it is a general benefit to the welfare of the neighborhood and community. He stated that a finding must be made that the proposed use will not have an adverse effect on the character of the surrounding neighborhood. He stated that the testimony presented established that some adverse impact will be added to the neighborhood by the proposed use in the form of noise and light. He noted that testimony was also presented that residents had trouble using their property during the use of the lights last year. He stated that people who purchase property have a right to expect that surrounding uses will be in the community’s interest and not have a detrimental effect on their properties. He asked that a one-time approval only be issued to allow a trial run for the use of lights on the field. He stated that what is proposed this year includes more lights than last year. He asked that any approval be conditioned on providing opportunities for feedback from the neighbors and further evaluation. Dean Tinty, 524 Illinois Road, stated that he recently purchased his home to be near the football field. He stated that he is as close as anyone to the field noting that his house is in the end zone. He stated that safety is important and having lights is necessary. He stated that he is aware that getting field time is difficult especial ly on Zoning Board of Appeals Minutes Page 8 of 15 September 30, 2015 an adhoc basis. Hearing no further requests to speak, Chairman Franksen closed the public testimony portion of the meeting. The Board took a brief recess. Chairman Franksen noted that two requests to cross examine were filed. He invited Mr. O’Neill and Mr. Bry forward. Mr. O’Neill deferred to Mr. Bry. Mr. Bry took the podium and addressed questions to Ms. Slaats. In response to questions from Mr. Bry, Ms. Slaats confirmed that four lights were used last year and six are now proposed. She stated that the generators will be the same type and have the same power as those used last year. She stated that the lights will be the same height as last year. She stated that practices will end in time to allow the lights to be turned off at 8 p.m. She stated that last year, the lights were focused to the extent possible, on the field. She added that two additional lights are proposed this year to allow lights to be directed downward, to avoid spraying light across the field. She stated that the College provided notice of the intention to use lights to the neighbors. She stated that the application submitted states the start and end date for the use of the lights. She stated that lights will be used Monday through Friday. She stated that various discussions occurred about the desire to use lights on the field. She stated that the College invited the neighbors to a meeting with College staff and provided notice of the Zoning Board of Appeals meeting. She stated that having teams practice on contest fields is desirable. She explained that other fields on the campus are grass and will get torn up depending on the weather. She agreed that lights could be placed on other fields, but noted that the fields may not be able to be used. She stated that the College tried to develop the least intrusive plan possible. She stated that there are more trees around Farwell Field than around the other fields on the campus. She reiterated that the College looked at various options, including using other fields, to meet the practice needs for two to three weeks. She stated that if the teams do not get into post season play, the full three weeks will not be used. Mr. Bry noted that last year, the request was to use the lights until 7:30 p.m. and this year, an 8 p.m. end time is requested along with six lights, instead of four lights. In response to further questions from Mr. Bry, Ms. Slaats stated that the College sends letters to neighbors with a schedule of events at the College and to keep them informed of activities. She stated that the College tries to mitigate the impacts from the field noting that times of practices and playing music are limited. She acknowledged that the addition of three weeks of practice will generate noise. She noted that alternatives considered include having practice at 6:30 a.m. and then again after class in the afternoon, until dusk. She noted that practices need to be Zoning Board of Appeals Minutes Page 9 of 15 September 30, 2015 scheduled around student athletes’ classes. She confirmed that all teams do not practice at the same tim e. She confirmed that the practices planned will be full team practices. She confirmed that the lights proposed for use on the field are different in character from other lights on the campus since they are intended for lighting an athletic field. She stated that the College does not want or need permanent lighting on the field. She added that the cost of permanent lighting would be significant. She stated that a Special Use Permit is requested to allow the use of temporary lights, three weeks a year, every year. She explained that an overall approval is requested to eliminate the need to go through the approval process every year. Hearing no further questions from Mr. Bry, Chairman Franksen invited Mr. O’Neill to cross examine. Mr. O’Neill stated that he did not wish to cross examine. Chairman Franksen returned the matter to the Board for further questions. In response to questions from Board member Culbertson, Ms. Czerniak confirmed that special uses are permitted in the R-4 District and that once a special use is approved; it is considered a conforming use. Board member Culbertson noted that from time to time, the end of daylight savings time has changed. He asked that some provision be made to allow for further review if daylight savings time changes. In response to questions from Board member Culbertson, Mr. Siebert confirmed that on an ongoing basis, the landscaping around Farwell Field is maintained. He stated that it is the College’s intention to maintain the density of landscaping in those areas. In response to questions from Board member Culbertson, Ms. Czerniak stated that the College is required to maintain the perimeter landscaping in the parkway along Illinois Road. She stated that a landscape plan was approved as part of the 2003 approval s and that plan was used as the basis for the plantings that occurred. She stated that on an ongoing basis, replacement of trees and vegetation is required to maintain the same density of plantings as reflected in the approved landscape plan. She stated that no additional plantings, beyond those already required to be maintained , are included in the staff recommendation as presented to the Board. In response to questions from Board member Kennedy, Mr. Siebert confirmed that the intent is that the two additional lights will allow the light to be more directly focused on the field limiting the light into the neighborhood. In response to questions from Board member Pasquesi, Ms. Czerniak confirmed that if the Board chooses to do so, the Board could recommend to the City Council that after the use of the lights in 2015, an evaluation be conducted with the opportunity for public input. Zoning Board of Appeals Minutes Page 10 of 15 September 30, 2015 Chairman Franksen invited rebuttal to public testimony from the petitioner. Mr. Siebert commented that notice of the neighbor meeting held by the College was mailed to 64 surrounding homes. He stated that four people showed up at the meeting, possibly an indication that people believe that the College is a good neighbor. He stated that the College did not receive any complaints about the lights last year. He stated that the College works hard to be a good neighbor and to be responsive to neighbor concerns. He acknowledged the concerns raised by the neighbors who testified and stated that the College tries to be responsive. Chairman Franksen invited staff response to public comment. Ms. Czerniak reviewed the events of last year related to the lights on the field. She stated that the College notified the City of the change in NFL rules and that the Peyton Center at the Chicago Bears’ Facility was no longer available to the College. She stated that the City encouraged the College to explore all options. She stated that when viable options were not found, and after internal discussion at the City, it was determined that allowing a one-time use of temporary lights at Farwell Field, on a trial basis, could provide information that would be helpful in further evaluating the use of portable lights on the field for a limited time as a potential longer term option. She stated that the City issued a one-time administrative approval allowing the use of the lights in 2014. She stated that a neighbor, Mr. Walsh, filed litigation to prevent the use of the lights. She stated that a Settlement Agreement was reached permitting the use of the lights last year with the requirement that any future request to light the field be considered through the special use process. Consistent with the Settlement Agreement, the matter is now presented to the Board for consideration. She stated that during the use of the lights in 2014, the City did not receive any calls or complaints. She confirmed that since last fall, there have been a number of discussions between the City and the College about how to address this i ssue. She acknowledged that the Building Review Board looks carefully at exterior lights in residential areas to limit impact on neighboring properties. She stated that exterior lights generally, must be turned off no later than 11 p.m. and views of the source of the light must be shielded. She noted that a comment was made during public testimony that special uses should be considered in the context of the neighborhood and the benefit offered to the community. She stated that the City traditionally has taken a position that the various institutions located in residential neighborhoods as special uses do benefit the overall community. She added that the vitality and success of the College in particular has been identified as a benefit to the community. She stated that the City has acknowledged that special uses need to be allowed to grow and change but has always placed importance on protection of the surrounding neighborhood. She noted that based on the Board’s discussion so far, the Board may wish to add to the conditions recommended in the staff report to prohibit weekend use of the lights, limit the height to what is now presented to the Board, to require reconsideration if the dates of daylight savings time change and to require a re - evaluation after the use of lights this year. Zoning Board of Appeals Minutes Page 11 of 15 September 30, 2015 Chairman Franksen invited Board discussion and comment. Board member Pasquesi stated that the petition as presented is reasonable even with the proposed addition of two lights beyond the number used last year. He stated that if the additional lights will allow the lights to be directed downward, to mitigate impact on the neighboring homes; that will be a benefit. He noted however that he would have a difficult time recommending approval of the lights on an ongoing basis noting that many questions remain. He stated support for providing for re-evaluation after this year’s use once a better understanding of the impacts are known. Board member Culbertson suggested that the Board could consider recommending approval for the use of lights this year, as a pilot program. He pointed out that the 2003 Special Use Permit included specific language intended to minimize the impacts of lights on the College campus on the neighboring homes. He noted that the conditions included keeping the height of the light poles to a minimum, limiting lighting at the perimeter of the campus, paying attention to the overall intensity of light to avoid off site impacts, reducing light in the evening hours and shielding all light sources from view. He added that the 2003 Special Use Permit specifically prohibited the installation of lights or use of equipment with internal combustion engines on the athletic fields. He stated that he understands the present need of the College and stated that, with certain conditions, he may be able to support the request in a limited way. He reviewed limitations he would like to see put in place including limiting the use of the lights to Monday through Friday, limiting the light intensity as stated by the College, allowing the opportunity to understand and evaluate the impacts of the lights noting that six lights are now proposed. He stated that a period of assessment is needed and an opportunity to evaluate the proposed approach and the off site impacts. He stated that to date, the process has not been satisfactory noting that there has been no formal process to allow for evaluation of the request. He stated that the current plan for baffling the sound of the generators does not seem well developed at this point. He stated that the College should seek professional advice on how to mitigate the sound from the generators. Board member Pickus concurred with the comments of Board member Culbertson. He stated that there are ways to baffle the generators safely and effectively, but that those efforts will not be inexpensive. He suggested that a hard look should be taken at enhancing the landscaping to help mitigate spillover light impacts on to the adjacent properties. He stated confidence that there is a way to balance the interests and needs of all parties. He agreed that after the use of the lights this year, there should be an evaluation with input from neighbors, the College and the City. Board member Kennedy stated agreement that there should be an opportunity to re- evaluate the use of the lights after this year and that input from the neighbors should be invited. Chairman Franksen stated that he lives in the neighborhood and has attended many football games on the field. He stated that the field is part of the fabric of the Zoning Board of Appeals Minutes Page 12 of 15 September 30, 2015 neighborhood. He stated however that he is concerned that this request is another bite of the apple as a follow up to the 2003 Special Use Permit. He noted that in other petitions, there is more balance, with all parties giving up something, but also benefitting. He acknowledged that the College teams will benefit, but questioned how the neighborhood will benefit. He acknowledged that some neighbors may not be bothered by the lights, but others will feel impacted. He questions whether the standard providing for continued enjoyment of the neighborhood is not satisfactorily met. He stated that this request seems to ask for too much. Board member Culbertson stated that he is inclined to vote against the petition because the College is asking for more than was previously requested with respect to Farwell Field. He stated that if the Board moves this request forward, he would like to see some strong conditions around the use. Board member Pickus noted that the College has lost the opportunity to use an off site field due to decisions made by others. He stated that as a result, the College faces a hardship and acknowledged that the College is trying to find a way to address its needs. He stated an interest in trying to find a way to satisfy both sides by taking the necessary steps to protect the neighborhood. He noted that sound abatement and additional landscaping may help to address the concerns raised. Chairman Franksen noted that the Board’s back is up against the wall due to the timing of the request. Board member Pickus agreed that the timing of the petition is poor planning on the part of the College. Chairman Franksen reviewed the options before the Board: forward a recommendation to the City Council, continue the matter to allow further discussion, or, take a mid-step of recommending that the use of the lights be permitted in 2015 as a trial period, one-time use only, with a follow up review and re-evaluation by the Board. He asked for Board input. Board member Pasquesi stated that he would like more time to evaluate the request and stated that he could not recommend approval of the petition on an annual basis in its current form. Board member Kennedy stated that he could support the petition on a one-time basis with a requirement for re-evaluation after the use of the lights this fall. Board member Pickus stated that the Board should make a decision tonight to allow the College to know whether or not they can use lights this year. Hearing no further comments from the Board, Chairman Franksen invited a motion noting that some conditions are recommended in the staff report and others have been suggested as part of the Board’s discussion. Zoning Board of Appeals Minutes Page 13 of 15 September 30, 2015 At the request of Chairman Franksen, Ms. Czerniak offered language for consideration by the Board that would require a re-evaluation of the use of lights after the 2015 use period. She stated that as part of the re-evaluation process, public notification would be provided and public testimony invited. Board member Culbertson made a motion to: Recommend approval of an amendment to the Special Use Permit to allow the installation of temporary lights on Farwell Field, at Lake Forest College in 2015 limited by the following conditions. 1. The use of temporary lights on Farwell Field is permitted subject to the following limitations: a. No permanent lights or electric service to support permanent lights shall be installed on the field. b. The lights will be used only for football and soccer practices, no games are permitted under the lights. c. Use of the lights is permitted for a maximum of three weeks in 2015, beginning the day after daylight savings time ends, and extending for up to three weeks thereafter. d. Use of the lights and the associated generators is permitted only from 4 p.m. until 8 p.m., on weekdays only. e. Up to six portable, diesel powered lights are permitted, three on each side of the field. f. The light fixtures shall direct lights downward, to the field, and shall be configured to limit spillover light to neighboring homes. g. The light poles will be extended to full height, not to exceed 30 feet, only during the hours of use. h. Setup of the portable lights and generators on the field is permitted no more than 10 days prior to the start of the three week period. Removal of the lights and generators must be removed from the field and the campus within 10 days after the three week period. i. Reasonable measures shall be taken to mitigate sound from the generators. j. If music is played during practices conducted under the lights, the sound level must be such that it does not impact the surrounding residences. k. After the 2015 season, an evaluation shall be conducted and a report prepared and presented to the Zoning Board of Appeals to allow further review of the impacts, or lack thereof, on the surrounding residential neighborhood. The evaluation shall include the opportunity for public comment. The Board shall forward a recommendation to the City Council on whether the use of temporary lights should be allowed to continue, be allowed to continue subject to further limitations and conditions, or be discontinued. Zoning Board of Appeals Minutes Page 14 of 15 September 30, 2015 and Recommend that the current conditions that pertain to Halas Hall and Farwell Field be updated to reflect the current status of the facilities and current uses as follows: 2. As mechanical equipment is replaced on this site, measures shall be taken to mitigate the noise and visual impacts of the equipment on the surrounding neighborhood. 3. The landscaping plan shall provide for continuing enhanced landscaping the full length of the field along Illinois Road and on the south and east sides of Halas Hall and along the Washington Road streetscape. The landscaping, on an ongoing basis shall provide for the following: a. Layering of plant material on both sides of the fence to maximize the screening of the structures and provide depth to the planting area. b. Provide opportunities for views into the field in areas where no structures are located. c. Evergreens shall be used in key areas opposite houses on Illinois Road to minimize the visibility of the structures. d. A variety of plant and tree species shall be incorporated into the plan. e. The landscaping in this area shall provide for low plant materi al as well as taller trees, particularly in areas where structures are located. f. Additional street trees shall be planted along the north side of Illinois Road as appropriate to retain a high tree canopy over the street into the future. g. The College is responsible for maintaining the parkway along Illinois and Washington Roads, maintaining the landscaping in good condition and replacing diseased or dead plant materials, and maintaining the fence. 4. Any future addition to Halas Hall shall provide ADA accessible restrooms to allow the elimination of the portable toilets from the site. Any future addition to Halas Hall will require an amendment to the Lake Forest College Master Plan. 5. No mechanical equipment with internal combustion engines shall be used for the purposes of heating or watering the field due to minimize noise impacts on the neighbors. 6. No pedestrian or spectator access to the field from Illinois Road is permitted. Zoning Board of Appeals Minutes Page 15 of 15 September 30, 2015 The motion was seconded by Board member Pickus and was approved by a 6 to 0 vote. OTHER ITEMS 4. Opportunity for the public to address the Zoning Board of Appeals on matters not on the agenda. There was no other public testimony presented to the Board. 5. Additional information from staff. No additional information was presented by staff. The meeting was adjourned at 8:52 p.m. Respectfully submitted, Catherine Czerniak Director of Community Development