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PLAN COMMISSION 2017/09/20 Minutes The City of Lake Forest Plan Commission Proceedings of the September 20, 2017 Meeting A meeting of the Lake Forest Plan Commission was held on Wednesday, September 20, 2017, at 6:30 p.m., at City Hall, 220 E. Deerpath, Lake Forest, Illinois. Commission members present: Chairman Ley and Commissioners: Monica Ruggles, Michael Freeman, Tim Henry, Louis Pickus and Guy Berg Commissioners absent: Commissioners: Rosemary Kehr Staff present: Catherine Czerniak, Director of Community Development 1. Introduction of Commissioners and staff. Chairman Ley introduced the members of the Commission and staff. He noted that Commissioner Kehr was originally scheduled to attend the September meeting of the Commission however, due to the rescheduling of the meeting; a prior family commitment prevented her from attending. 2. Consideration of the minutes of the August 9, 2017 meeting. Consideration of the minutes of the August 9, 2017 meeting was postponed. 3. Consideration of a request for approval of the final plat of subdivision for the Saunders Estates Subdivision, 480 Saunders Road. Chairman Ley asked the Commission for 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. Toni Caccamo-Swiontek, Greengard, Inc., project engineer, stated that she is representing the owners, CCCT, LLC (Todd Polcyn, Chuck Cerniglia, Craig Cerniglia and Chris Cerniglia). She stated that since tentative approval of the subdivision, the project team has worked with City staff to finalize the engineering plans and the plat of subdivision. She requested approval of the final plat of subdivision. Ms. Czerniak noted that the Plan Commission recommended approval of the tentative plat for the proposed four lot subdivision in March, 2017. She stated that based on the Commission’s recommendation, the City Council granted approval of the tentative plat. She noted that the proposed subdivision is located west of Saunders Road, east of the Tollway and south of Route 60. She stated that all four lots exceed 40,000 square feet, which is the minimum lot size in the R-3 zoning district in which the proposed development site is located. She added that the lots meet all applicable Code requirements except for the lot to depth ratio Plan Commission Minutes – September 20, 2017 Meeting Page 2 of 13 requirement. She noted that the Commission discussed the lot to depth ratio during consideration of the tentative plat and determined that given the proximity of the Tollway to the site, deeper lots are appropriate to allow each homeowner to add landscape screening to the rear yard to buffer the homes from the Tollway. She noted that a landscape plan reflecting street tree plantings and plantings on the outlot, including the common area and the detention basin, was provided to the Commission. She explained that each of the four lots will be sold and will be developed individually. She stated that a landscape plan will be required for each lot prior to the issuance of building permits. She confirmed that staff from various City departments reviewed the final plans and found them to be in conformance with the applicable requirements. She noted that the staff report offers findings in support of approval of the final plat of subdivision and details recommended conditions of approval. In response to a question from Commissioner Freeman, Ms. Czerniak confirmed that the conditions of tentative approval have been satisfied. Hearing no further questions from the Commission, Chairman Ley invited public comment. Hearing none, he invited final questions or comments from the Commission. Hearing none, he invited a motion from the Commission. Commissioner Freeman made a motion to recommend approval of the final plat of for the Saunders Estates Subdivision based on the findings detailed in the staff report and subject to the following conditions of approval. 1. The final plat of subdivision, final engineering plans, final landscape plan and all other final documents shall be subject to review and final approval by the City Engineer, City Arborist and Director of Community Development. Upon a determination by the City Engineer, City Arborist and Director of Community Development that the documents are complete and in full compliance with all applicable Code requirements, the plat of subdivision shall be submitted to the City Council, along with the recommendation from the Plan Commission in support of final approval. 2. Prior to recording the plat, all applicable fees must be paid in full and any required financial guarantees must be filed with the City in a form acceptable to the City Attorney. The motion was seconded by Commissioner Pickus and was approved by the Commission in a vote of 6 to 0. 4. Continued Public Hearing and Action: Consideration of a request for approval of a Special Use Permit to authorize the location of a Chase Bank branch and bank drive thru facility on property located at 884 S. Waukegan Road. Banks and drive thru facilities are permitted in the B-1 zoning district only as special Plan Commission Minutes – September 20, 2017 Meeting Page 3 of 13 uses. McDonald’s was previously located on the site. Demolition of the existing building and construction of a new building is proposed. Property Owner: 884 S. Waukegan Road, LLC (Frank Mariani 50%, John Fiore, Jr. 50%) Petitioner and Representative: Jon Krissoff, Market Director of Real Estate JPMorgan Chase & Co. Chairman Ley asked the Commission for any conflicts of interest or Ex Parte contacts. Hearing none, he swore in all those intending to speak and invited a presentation from the petitioners. Mr. Krissoff thanked the Commission for its continuing consideration of the petition submitted by Chase Bank. He stated that he is in charge of ATM and bank branch strategy in the region. He stated that his presentation will focus on answering questions raised by the Commission at the last meeting. He introduced members of the Chase Bank team and consultants noting that they are available to provide information and answer questions. He reviewed a map of southeast Lake County showing other Chase Bank locations. He pointed out that there is a “donu t hole” on the map that will be filled by the proposed bank in west Lake Forest. He noted that the locations of Chase Bank branches throughout the region align closely with the locations of grocery stores adding that the proposed Chase Bank will be located across the street from Sunset Foods. He explained that most customers prefer to have a bank branch located within a three minute drive from their home, in an area where they shop to meet their local needs. He noted that it is about a ten minute drive from the existing Chase Bank location in east Lake Forest to the proposed site, about four miles. He stated that there is a significant density of households near the proposed site most of which have significant banking needs. He noted that many communities have more than one Chase Bank branch identifying Highland Park, Buffalo Grove and Libertyville as all having more than one Chase location. He stated that Chase is moving in the direction of free standing banks that are easy to see, rather than branches located within stores. He stated that Chase is currently reinvesting in its branch network and targeting banks in two mile rings. He provided a map focused on the intended service area noting that the proposed location is anticipated to serve residents of nearby communities including Bannockburn and the Village of Mettawa as well as residents of Lake Forest. He noted that the existing Chase Bank in the Central Business District targets about 7,500 customers and the proposed branch targets about 6,200 customers. He noted that there is often more than one customer in a household. He stated that the dividing line between the service areas for the existing and proposed Lake Forest branches is generally Route 41. He stated that Chase research has confirmed that there is sufficient demand to support a second branch in Lake Forest. He reviewed the types of services that will be offered by the proposed branch noting that in addition to the normal retail services, the proposed location is intended to be an advice center. He noted that a 3,600 square foot building is proposed, small in comparison to older branch banks. He noted that on a daily basis, the new branch will be a location for meetings with Plan Commission Minutes – September 20, 2017 Meeting Page 4 of 13 Chase Private Bank clients. He stated that the teller line will be deemphasized. He explained that on a typical day, investment advisors will work with clients to open and manage accounts, provide home lending and mortgage advice, and provide services to local small businesses. He added that Chase employees will be available to assist customers with using the technology that is available. He stated that technology will not replace bricks and mortar banks. He pointed out that unlike other banks in the area, Chase Bank has a National presence and because of that, is in a unique position to help local residents. He noted that when he was a personal banker in Deerfield, a parent came in to open an account for a student who was going to an out of State college. He noted that the father of the student was a senior executive at a local, competitive bank but came to Chase because of its National presence. He stated that the ability to complete transactions on line is convenient but noted that in an emergency, it is helpful to have a bank within a few miles. Toni Boyce, Chase Bank Local Market Director of Banking in southeast Lake County, stated that she wanted to put a local Chase Bank face on the petition. She reiterated that east and west Lake Forest represent separate and distinct trade areas. She stated that the east Chase branch has done well and is at capacity. She stated that the east Lake Forest branch does not have enough space to offer the type of advice center and the level of service that clients expect and deserve. She noted that today, many branches offer personal attention and service on complex issues. She stated that to meet the need, the proper number of staff and associates need to be available. She stated that additional bankers will be brought to the west Lake Forest location to provide client services including home lending and mortgage services, and wealth management services. She stated that clients in west Lake Forest will benefit from the proposed location because people value convenient and personal interactions. She stated that Chase has a good community partnership with Lake Forest noting that they have opened up the bank’s parking deck for various events. She added that Chase is looking for other ways to bolster its relationship with the community. Rory Fancler-Splitt stated that she represents Kimley-Horn, the traffic consultant for the project. She noted that a traffic study was completed in accordance with industry standards and direction from the City Engineer. She explained that the study uses conservatively high estimates for the projected traffic that will be generated by a Chase Bank branch at the proposed location. She stated that the study concluded that the traffic that will be generated by Chase Bank does not warrant any modifications to existing roadways or any other traffic mitigating actions. She stated that Chase Bank will generate fewer trips overall than were generated by McDonald’s when it was operating on the site. She noted that during peak traffic times and daytime hours, Chase Bank is projected to generate about 34% fewer trips than McDonald’s. She noted however that during evening hours, the branch bank is expected to generate 25% more trips than McDonald’s did. She stated that mid-day Saturday trips for both the prior and proposed uses Plan Commission Minutes – September 20, 2017 Meeting Page 5 of 13 are about the same. She stated that based on the projected traffic volumes for the bank, the bank will meet a frequent and recurring need for residents in the area. She stated that the bank does not result in peaks in traffic volumes at any particular time. She noted that peaks in traffic can stress the road network particularly when they coincide with peak commuter traffic times. She stated that based on the analysis completed, the proposed bank is not expected to negatively impact the street network in the area. She added that the bank will introduce traffic into the area throughout the day bringing in customers to support other businesses in the area. Mr. Krissoff closed the petitioner’s presentation by noting that since the last meeting, the mural that was located inside McDonald’s was relocated to Gorton Community Center. He said that Chase was asked to reimburse the McDonald’s franchise owner for the expenses related to the removal, move and reinstallation of the mural and confirmed that Chase provided funding to cover the expenses. Ms. Czerniak noted that the Commission heard an introduction of this petition at the last meeting. She reviewed that banks are permitted in all of the City’s business zoning districts as special uses. She offered some background noting that several years ago the City Council amended the Code, which previously permitted banks outright in all of the business districts, to establish banks as special uses. She noted that the purpose of the amendment was to assure that any new banks would lend themselves to adaptive reuse, provide for safe pedestrian connections and be compatible with the character of the overall business districts. She noted that the Bank of America on Western Avenue was the first bank considered under the special use provisions and was designed to be easily adapted to future use as retail space or a restaurant. She provided background on the non-retail provisions in the Code that limit the amount of non-retail square footage in the Central Business District. She noted that the site proposed for Chase Bank is not governed by any non-retail limitations. She acknowledged that the City has received input from residents that another bank is not needed in the community. She noted that other banks are already located in the B-1 zoning district and pointed out that the mix of uses in the City’s businesses districts has evolved over time and will continue to do so to respond to changing trends and market pressures. She reviewed that the Plan Commission’s consideration of the petition should be based on the criteria in the Code for special uses generally and on the criteria for special uses in the B-1 District. She stated that the staff report provides findings in support of the petition subject to conditions that require further refinement of the site plan and the architectural plans. She added that the staff report includes a recommendation that the City Council work with the petitioner to develop a mechanism for Chase Bank to support the overall business district similar to the support offered as a result of the conversion of the Lovell’s Restaurant property to a non-retail use. She concluded noting that correspondence received since the packet was prepared for the Commission was provided to the Commission at the start of the meeting including letters of support from the owners of neighboring commercial properties. Plan Commission Minutes – September 20, 2017 Meeting Page 6 of 13 In response to questions from Commissioner Berg, Ms. Czerniak explained that the basis for the non-retail rule in the Central Business District was to support the consolidation of retail businesses in the historic core of the City, to create a synergy between businesses and to provide a walkable and vital shopping area in which there is a significant concentration of retail businesses and energy. She acknowledged that retail sales taxes do not make up a significant portion of the total revenues received by the City. Commissioner Berg stated that in his opinion, the non-retail rule that covers the Market Square area was established to support the humanity aspect of the business district. He noted that a concentration of retail uses helps to build a cohesive bond in the community and provides a community gathering space. He acknowledged that the west Lake Forest business district is challenged by Waukegan Road running through it but noted that creating a more pedestrian friendly environment in that area is still important. In response to questions from Chairman Ley, Mr. Krissoff clarified that the number of households in the identified target areas extends beyond Lake Forest and more accurately describes numbers of customers, not just the number of households. He acknowledged that there is some overlap in the trade areas. In response to questions from Chairman Ley, Ms. Boyce stated that the east and west Lake Forest target areas are identified based on geography, traffic patterns and distance. She added that the character and make-up of the east and west business districts also differs. In response to questions from Commissioner Freeman, Ms. Fancler-Splitt confirmed that traffic counts were taken while the McDonald’s Restaurant was still open. She confirmed that traffic cutting through the site to Forest Square was also measured. She stated that traffic counts were taken at other Chase Bank locations, but not at other banks in the immediate area. In response to questions from Commissioner Berg, Ms. Czerniak stated that Green Courte Partners owns Forest Square to the north. In response to questions from Chairman Ley, Ms. Czerniak stated that approval of a drive through for the ATM is part of the present request. She confirmed that if in the future changes are proposed to the configuration or use of the drive through area, an amendment to the Special Use Permit would likely be required. In response to questions from Chairman Ley, Ms. Boyce stated that recruiting for staff for the new bank location will begin three to four months prior to the opening of the facility. She confirmed that staffing will be in place on day one. She s tated that staffing levels could be increased beyond what is planned if the demand warrants additional staff. Plan Commission Minutes – September 20, 2017 Meeting Page 7 of 13 Hearing no further comments from the Commission, Chairman Ley invited public comment. Deb Balfour, 110 Pine Oak Circle noted that it is clear from a local Facebook page that moms in the community are against Chase Bank opening at the proposed location. She stated that there will be no community character with only banks and real estate offices in the area. She noted that one of the presenters stated that Lake Forest will be a great fit for Chase Bank but questioned whether Chase Bank will be a great fit for Lake Forest. She stated that building another bank runs counter to the statistics about branch banks closing. She stated that she has an account at Chase Bank and has no concerns about driving to east Lake Forest, Northbrook or Vernon Hills to visit the bank. She stated that the community does not need another bank noting that Chase is not a true local bank. Mary O’Donnell, 1184 Lynette Drive, stated agreement with the previous speaker. She stated that she moved to Lake Forest 17 years ago and the area was different. She stated that there is no need for a fourth bank given all of the new technology available. She expressed concern that the west Lake Forest business district is not valued as much as the Central Business District. Steve Douglass, 460 Washington Road, stated that he represents the owner of Forest Square, Green Courte Partners, located to the north of the site. He stated that he has lived in Lake Forest for 30 years and has seen lots of changes. He noted that he used to go to Fiore Nursery which was located in this area and at that time, many of the nearby homes were not yet built. He stated that the whole area has evolved over the last 20-25 years and is still evolving. He noted that this area is much younger than east Lake Forest and Market Square and as a result, is different and has a different character. He stated that Forest Square opened in 2008 as a mixed use development and enjoyed a wonderful relationship with McDonald’s over the years. He noted that the two developments shared a cross access easement which benefitted customers of all of the businesses providing easy flow between the developments. He added that Forest Square and McDonald’s also mutually benefitted from the retail draw of the other. He stated that Green Courte Partners regrets the departure of McDonald’s but noted that the economic reality is that restaurants in the area have struggled to be profitable. He stated that there may simply be too many restaurants and noted that rising operating and labor costs make it difficult for restaurants to survive. He noted that the south end cap at Forest Square has been the location of three different restaurants in the past eight years. He stated that if there was more demand for and support of restaurants in west Lake Forest, perhaps Lovell’s would still exist. He stated that although they are sorry to see McDonald’s leave, they are taking a positive view that an economically viable business at the location will drive other business in the area. He noted that there has been a lot of change in retail business due to on line shopping options. He noted that in Forest Square, each year, there are fewer and fewer traditional retailers and more service type Plan Commission Minutes – September 20, 2017 Meeting Page 8 of 13 businesses that also offer retail sales. He stated that fortunately, Lake Forest residents have embraced the new uses in Forest Square noting that the building is 100 percent leased. He stated that in his opinion, because of the fundamental change in the economy, the highest and best use of the McDonald’s site is a service business. He stated his expectation that Chase Bank will be a great neighbor and will attract new customers to Forest Square and Sunset Corners. He stated that Chase is unique because it is a National bank. He noted that the traffic study pointed out that similar Chase Bank branches attract a significant number of customers from the surrounding community demonstrating that banks do in fact meet a frequent and repetitive need in the community. He noted that Chase Bank has demonstrated that the proposed location will fill a void in the Chase network. He stated that it is his opinion that the proposed bank w ill benefit nearby retailers and will advance the purpose of the B-1 District. He reiterated that the highest and best use of the property is for a service business. He stated confidence that with the guidance of the Building Review Board, the already strong design of the building will be refined further and will accommodate a future retail or restaurant use if necessary. He encouraged Chase Bank to retain all of the existing parking and stated that Green Courte Partners welcomes the opportunity to open up new pedestrian pathways between the two sites. He applauded Chase for its commitment to the community and stated that he looks forward to having the bank as a new neighbor. Mr. McEssy stated that he has lived in Lake Forest for 37 years. He stated that he believes the best use of the property is for a McDonald’s restaurant. He stated that he appeared before the Plan Commission 20 years ago when he was trying to get approval to locate a McDonald’s on the site as the franchise owner. He stated that the approval process was difficult and noted that he spent a significant amount of money on the building and was delayed in his ability to add the drive thru. He clarified that he never wanted to close the McDonald ’s at this site despite the fact that he has reduced the number of McDonald’s restaurants he has from 47 to 23 over the last few years. He stated that he tried to keep the Lake Forest McDonald’s open. He stated that he has no opinion on whether Chase Bank should be located on the site. He noted that he and the property owner had a tentative, verbal agreement on a new lease and the amount of rent but noted that he does not make the final decision but instead, the McDonald’s Corporation makes final decisions on store locations and leases. He stated that he was committed to making the arrangement work even if the store was not profitable. He noted that it is his understanding that the property owner received an offer from Chase Bank for twice the amount of rent tentatively agreed to verbally. He noted that 95% of the McDonald’s locations are owned by the McDonald’s Corporation, rather than leased. He noted that he put a great deal of time and effort into the restaurant over the years and wanted to set the record straight that he wanted to keep the restaurant open. He added that beyond the matter of rent, the restaurant needs to be remodeled and because of the size of the building, even if he could break even with the increased rent, he could not afford to complete the remodel. He stated that at the original rent, he would Plan Commission Minutes – September 20, 2017 Meeting Page 9 of 13 have loved to keep the restaurant open noting that the restaurant was making ends meet. Bill Faulk, resident in Conway Farms, commented that the changes occurring in west Lake Forest are a tragedy. He stated that he built his house in 1999. He noted that the presentation by Chase Bank d id not mention the other banks already located in the area. He stated that he is representing other residents in Conway Farms noting that the residents love Mr. McEssy and McDonald’s. He noted that when Lovell’s left the area, they left a hole. He noted that west Lake Forest has the Tollway, State highways and the trains. He added that the State of Illinois is depressing. He stated that he understands that Chase Bank does charity work but noted that a bank at this location is not a good fit. He stated that he heard that Starbucks would move to the site noting that a high quality Starbucks , like the one in the Central Business District, would be a better option than a bank. He stated that the area needs restaurants. He noted that the former gas station and Pasquesi Garden Center site is an eyesore. He stated that people will be upset if the bank is approved. Ed Pasquesi, 30 Ahwahnee Road, stated that his family owns the Pasquesi Home and Garden store. He stated that 11 years ago he moved the store from this area to Lake Bluff because he needed to expand and could not do so because he did not own the property on which the store was located. He stated that he thought that his former site on the southeast corner of Waukegan and Everett Roads would make a great location for a restaurant commenting that he never envisioned that the site would remain vacant for so long. He stated that as a Lake Forest resident and a retailer, he would prefer to see a business that would produce some sales tax for the City on the McDonald’s site. He noted however that the reality is that it is a very serious competitive environment for stores and restaurants. He questioned whether a retailer or restaurant could afford to pay the going rate for the location noting that a bank can afford to enter into a long term lease. He stated support for Chase Bank at this location noting that they are able to pay market rate and enter into a long term lease. He noted that many key retail spots are occupied by banks and noted that this site is no different. Dan Siebald, 560 Ivy Court, noted that at the last meeting, he was neutral on the Chase Bank petition. He noted however that Commissioner Freeman made good points. He noted that at the last meeting, the property owner stated that the new McDonald’s in Bannockburn was a reason that the McDonald’s Corporation did not want to renew the lease on the Lake Forest location. He questioned whether that amounted to franchise encroachment and agreed that the owner should have brought the issue to the City sooner. He stated that his main concern is that the bank is not a good use of the property noting that the building is too small with too much parking proposed. He stated that the property is suitable for a larger business. He stated that the bank is automobile oriented and asked about the status of the pedestrian tunnel under the railroad tracks. He noted that the testimony presented shows that residents want a livable community. He asked the Plan Commission Minutes – September 20, 2017 Meeting Page 10 of 13 Commission to either deny the petition, or postpone consideration for six months to allow time to see if other businesses come forward to express interest in the site. He encouraged the property owner to get feedback from the community on what they want to see on the site in terms of retail or service businesses. Jerry Jacks, resident of Conway Road, stated that he has lived in west Lake Forest for 67 years and is a beneficial owner of the Private Bank building to the south of the site where Chase Bank is proposed. He noted that he previously owned the Century 21 offices located on Waukegan Road so he has some tenure in and knowledge of the area. He noted that it is easy for people to discuss what should be done with other people’s property. He stated that the property proposed for Chase Bank is very small and cannot support retail. He stated that as a result of locating a publicly traded bank on the site, the City will be assured of a long term use. He noted that McDonald’s, due to the nature of the business, contributed to litter on the streets. He acknowledged that he does not know why another bank is needed in the area but stated that if Chase wants to invest in the property and believes that doing so will serve its customers, he has no objection to the proposed use. He stated that the area cannot support another restaurant noting that Lovell’s closed. He noted that banks have less impact on the nei ghborhood than many other uses noting that there is no night time traffic generated. He noted that the existing building on the site is in disrepair due to long time deferred maintenance. Chairman Ley agreed to allow Mr. McEssy to make further comments. Mr. McEssy acknowledged that the building needs work and explained that maintenance was deferred because the 20-year lease was expiring. He stated that he keeps his stores in good condition and has sold, but never closed, stores. He stated that if the lease was extended, the store would be remodeled. He stated that he was offered the Bannockburn store but did not like the location and wanted a new store in Lake Forest. He stated that the McDonald’s Corporation knew that a fast food restaurant could not pay the rent on the current site going forward and as a result, moved forward with the new store in Bannockburn. In response to questions from Commissioner Berg, Ms. Czerniak confirmed that Northshore University Healthcare Systems offered to provide ongoing support for maintenance and enhancement of the streetscape in the vicinity of the former Lovell’s Restaurant building. In response to questions from Commissioner Henry, Mr. McEssy stated that the performance of the Lake Forest store was in the lower quarter of all of this other 47 locations. In response to questions from Chairman Ley, Ms. Czerniak confirmed that the conditions of approval could be clarified and enhanced to provide direction to Plan Commission Minutes – September 20, 2017 Meeting Page 11 of 13 the Building Review Board with respect to considering pedestrian links as part of the overall site plan and future adaptability of the building for other uses. Commissioner Berg acknowledged that it is interesting, as pointed out during the public testimony, to comment about what someone should do with their property. He observed that the rent on the property right now is elevated based on the expectation that a Special Use Permit will be granted for a bank on the property. He stated that he would be more receptive to the petition if the design tried to work with the property to the north to achieve the look of a south bracket to the Forest Square development instead of an island building in a parking lot. He noted that when Forest Square was approved with its distinct clock tower, it established a character for the area that would not have been achieved if a standard strip mall was constructed on the site. He encouraged the petitioner to consider a design that achieves more of an overall composition with the new building as part of the whole. He stated that this direction could result in a better overall project and could allow a transition to another use in the future. He stated that there is a danger in moving the petition forward without the design aspects resolved. Commissioner Pickus noted that the design aspects of the development fall under the purview of the Building Review Board. Commissioner Henry noted that the Commission had the benefit of hearing from two neighboring property owners who stated that the market is not conducive to traditional retail. He stated that the McDonald’s at this location was an under preforming store in part because of the community’s interest in having the building look different from a standard fast food establishment. He noted that people from out of the community may not have even recognized the building as a McDonald’s. He noted that the Commission has heard from other commercial property owners in the area who are in support of the petition. He stated that as noted by Mr. Pasquesi, the site on the southeast corner of Waukegan and Everett Roads has been vacant for 11 years. He encouraged the Commission to focus on the special use criteria. He noted that Chase Bank is a viable tenant who is willing to invest $4.5 million into the site. He stated support for the process and working through the Building Review Board to refine the building and site design. Commissioner Freeman noted that to Commissioner Pickus’ point, before sending the petition to the Building Review Board, the Commission needs to evaluate it against the applicable criteria. He stated that it is absolutely the function of the Plan Commission to determine whether the building can be adapted to other uses and whether adequate pedestrian links and connectivity to off site points are provided as part of the development. He stated that as presented, he does not believe that the building can be seen as anything but a bank. He noted that the Bank of America building in the Central Business District could easily be adapted for retail or restaurant use. He stated that the Plan Commission should do more than just simply hand the project off to the Building Review Board. He stated that the Commission needs to determine whether the project as presented meets the Plan Commission Minutes – September 20, 2017 Meeting Page 12 of 13 applicable criteria. He noted that the Commission specifically asked for information on the traffic patterns at existing banks in the area and that information was not provided. He noted that instead, traffic counts from other hand-selected Chase Banks were provided and in some cases, those banks may not be surrounded by other banks. He stated that the Courts have never looked at whether a City can consider whether there is an over-abundance of a particular use. He stated that the community has taken great care in thoughtful land use planning and evidence of community need has been part of that discussion. He noted that traffic counts could be evidence of community need. He stated that in his opinion, not all of the criteria are met. He stated that he was pleased that Mr. McEssy spoke to set the record straight and pleased that members of the public appeared to talk about what the community has lost. He stated that he lives in this area and stated that he does not want to see an empty office building. He stated that the community needs to han g on to retail uses. He acknowledged that retail is struggling but noted that banks are also closing. He stated that the Commission is obligated to engage in conscientious planning. He noted that the City was thoughtful in the planning of this area and property owners benefitted and should not expect special consideration. Commissioner Henry noted that the McDonald’s went through the same type of review process and as a result, it was built in a way that may not have supported its ultimate success. Commissioner Berg noted that this is an opportunity to not just put up another object building, but to think of the big picture. He encouraged the Commission to not just look at the proposed tenant, but to look at the overall environment. He stated that it is appropriate for the Commission to try to improve upon what is presented. In response to questions from Chairman Ley, Ms. Czerniak confirmed that the petition could be continued with direction to the Building Review Board on particular design aspects that relate to the Special Use Permit criteria. She noted that in the past, review by the Building Review Board, prior to final action by the Commission, has proven to be beneficial. Commissioner Henry noted that additional information about the parking delta between McDonald’s and the bank would be helpful. Commissioner Pickus noted that the traffic counts provided document that parking requirements for the bank will be less than those required for McDonald’s. Commissioner Freeman stated that it is his belief that existing banks in the area do not generate much traffic. He stated that his request for information on the traffic generated by other banks in the area is intended to help the Commission understand the true levels of traffic that might be generated by Chase Bank in Plan Commission Minutes – September 20, 2017 Meeting Page 13 of 13 comparison to the traffic generated by McDonald’s. He noted that he is interested in the traffic study and how that relates to evidence of need. Commissioner Ruggles stated that if the matter is going to be continued to allow for Building Review Board consideration, it would be helpful to the petitioner to have an understanding of where the Commission stands on the overall project. She stated that based on the Commission’s discussion; adaptability of the building for different uses, the design of the building and pedestrian connections appear to be the open items. Commissioner Freeman added that information on the traffic volumes of other banks in the area is also needed to help address the question of whether another bank meets a need for a frequent and recurring use. He noted that the purpose of the B-1 District is to meet frequent and repetitive needs of the neighboring community. He acknowledged that need is not the single consideration but noted that it is a criteria that should be considered. He noted that the Commission also must consider whether the proposed use causes harm to the community, whether it is consistent with the character of the business district and whether it benefits the community and serves the purpose of the B-1 District. Hearing no further requests to speak, Chairman Ley invited a motion. Commissioner Pickus made a motion to continue consideration of the petition and hold the public hearing open on the following aspects of the project as requested by various Commissioners: adaptability of the building for a future use, the design of the building as it relates to the larger context of the area, the adequacy of pedestrian connections, information on traffic generated by other banks in the area and the question of need in relation to the other uses in the B-1 District. The motion was seconded by Commissioner Henry and was approved by the Commission by a vote of 6 to 0. 5. Additional public comment on non-agenda items There was no testimony was presented on non-agenda items. 6. Additional information from staff. There was no additional information presented by staff. The meeting was adjourned at 8:22 p.m. Respectfully submitted, Catherine Czerniak Director of Community Development