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PLAN COMMISSION 2010/04/14 MinutesThe City of Lake Forest Plan Commission Proceedings of the April 14, 2010 Meeting A regular meeting of the Lake Forest Plan Commission was held on Wednesday, April 14, 2010, at 6:30 p.m., at City Hall, 220 E. Deerpath, Lake Forest, Illinois. Commission members present: Chairman Avery, Commissioners Mark Shaw, Robert Franksen, Michael Adelman, Tim Newman, Jack Reisenberg and Catherine Waldeck. Commission members absent: None Staff present: Catherine Czerniak, Director of Community Development and Megan C. O’Neill, Assistant Planner 1. Introduction of Commissioners and staff. Chairman Avery opened the meeting and introduced the members of the Commission and City staff. 2. Approval of the minutes from March 16, 2010 Plan Commission meeting. The approval of the minutes was postponed. 3. Public Hearing and Action: Continued consideration of a possible amendment to Chapter 46 of the City Code, Personal Wireless Service Facilities Overlay District, to include a City owned parcel, in the vicinity of Westleigh Road and Western Avenue, in the overlay district. Inclusion in the overlay district would permit construction of a telecommunications tower on the parcel subject to conditions and City approvals. Chairman Avery asked the Commission for any conflicts of interest or Ex Parte contacts regarding this item. Several Commissioners said they received correspondence at their homes and stated that they forwarded the documents to staff to assure that all members of the Commission received the same documents and to assure that the correspondence is included as part of the record for this item. Ms. Czerniak clarified the purpose of this agenda item noting previous amendments to the Personal Wireless Service Facilities Overlay District. She stated that no specific proposal for a new wireless installation is before the Commission for review at this time. She explained the current Overlay District noting that a portion of Barat Campus is currently identified as a permitted site for a 110’ monopole. For the information of the Commission, Ms. Czerniak clarified the current state of Barat Campus noting there is a Sheriff’s Sale of the property scheduled soon. She noted the concern of the Council that a telecommunications tower at Barat Campus may add further challenges to the eventual redevelopment of Barat Campus. She stated that there is a gap in coverage in southeast Lake Forest. She noted that other locations in the vicinity of Barat Campus have been identified for consideration as possible alternative sites. She stated that the Commission is in a proactive position on this matter and can make a determination without the pressure of a potential installation or the times lines associated with approving a specific petition. She provided some background on Federal laws and recommended Plan Commission Minutes – April 14, 2010 Page 2 of 12 that the Commission give direction to staff to conduct further research on this matter and return it to the Commission for further study. She noted that a consultant could be engaged to explore the effectiveness of towers at various locations and various types of towers in an effort to determine the most acceptable manner to allow the build out of telecommunications facilities in this part of the community. She stated that many of the questions identified are those that were brought to the Commission by the residents at the previous meeting. In response to a question from Commissioner Waldeck, Ms. Czerniak confirmed that the City owns the wooded property adjacent to the bike path and South Park, and adjacent to Barat Campus. She recalled that this wooded property was discussed extensively during consideration of the Barat Woods development and it was determined that there are wetlands on the parcel and that the parcel is a significant natural area and should remain as open space. In response to questions from Commissioner Newman, Ms. Czerniak confirmed that through the Overlay District, the characteristics of a tower or antenna on any particular site can be specified. She stated that the current Code language allows the opportunity for more than one tower to be located in the identified area on Barat Campus. She explained that Federal law allows municipalities to identify permitted tower locations throughout the City and to establish requirements such as landscaping, fencing and to require removal of towers when they are no longer needed. She stated that various types of lease arrangements are possible and explained that leases are negotiated between the property owner and the telecommunications provider or tower company. She confirmed that if a facility is proposed on City-owned land, the City would have additional controls through the lease. Chairman Avery clarified that the item before the Commission at this time is consideration of whether the site currently identified in the Code is appropriate, or whether another site would better serve the long term interest of the City. He discussed the staff recommendation noting that it incorporates an earlier suggestion of a member of the public that the City consult an independent party to verify that a need exists and if so, the options for addressing it. Ms. Czerniak clarified that the Commission could decide that the current Code language is workable and not recommend any changes. She stated that the staff recommendation is that further research be conducted to allow the Commission to continue discussion of this topic once further information is provided. Chairman Avery cautioned that if the current Code language remains in place, a building permit could be submitted for a tower or monopole on the Barat site without any further Plan Commission review. In response to questions from Commissioner Adelman, Ms. Czerniak confirmed that a monopole is a single column, normally with antenna arrays attached to it, as opposed to a tower made of structural steel members. In response to questions from Commissioner Franksen, Ms. Czerniak confirmed that the Commission directed staff to look at alternative City owned locations in this area, other than the Western Avenue and Westleigh Road site. She stated that staff was asked to explore the feasibility of locating a monopole near the ComEd substation in this area. She stated that based on research to date, it may be feasible to locate a tower at that site, on City owned property. She asked for Commission input on any other potential sites in this area that should be considered. Plan Commission Minutes – April 14, 2010 Page 3 of 12 In response to questions from Commissioner Reisenberg, Ms. Czerniak stated that several antennas are currently located on the roof of Old Main. She explained that the Overlay District identifies Barat Campus as an approved location both for roof top antennas and for a tower or monopole. She stated that providers with antennas on top of Old Main have stated a need for increased antenna height to provide better service in this area and providers who do not have antennas in this area have expressed interest in locating here. She stated that when the City was developing the Code language for wireless facilities in the late 90’s, the City worked with local institutions and approved antenna and tower sites on properties with willing owners in the Overlay District. She noted that many community institutions requested inclusion of their properties to allow them to gain revenue from property leases. Chairman Avery clarified that the Barat site currently is a permitted site for a monopole or tower with externally mounted antennas. Ms. Czerniak confirmed that if the Commission determines that a better site exists, the Barat site could be removed from the Overlay District. In response to questions from Commissioner Newman, Ms. Czerniak stated that removing the approved tower site from Barat Campus would not impact the existing roof top antennas. Chairman Avery clarified that the City is prohibited from making decisions on telecommunication facilities based on health issues and commented that the City’s consideration is preempted by the Federal Government. He invited testimony from the public and requested that comments be focused on the issues before the Commission for discussion. He swore in the members of the public intending to speak. Michael Williams, 428 Beverly Place, stated that he completed a Freedom of Information request and obtained the information on which the City staff is basing this discussion. He commented that misinformation is circulating and said that neither staff, the Commission, nor the neighbors are experts on this topic. He stated that an independent third party consultant is important and asked the Commission not to limit the questions the expert should answer. He stated that the City is not qualified to ask questions of a third party consultant on a subject that staff knows nothing about. He stated that a need for a tower in this area has not been established noting that the City could not produce a list of residents who have complained about poor service. He pointed out that his phone works fine in this area. He commented that the City is being “railroaded” by parties with vested interests. He added that the City has not talked to telecommunication providers to determine what revenues might be realized. He stated that there could be property value deterioration as a result of a tower. He asked that the existing services and facilities be examined to determine if additional space is even needed or whether current facilities can be adjusted. He added that new technologies exist and should be explored. . James Gavin, 440 Beverly Place, stated that he is a chemical engineer and explained telecommunication technologies and provided technical background on how cell phones can operate without a visible tower. He stated that the concept that providers rely on line of sight to provide adequate service is out dated and misinformed. He stated that Lake Forest is meeting Federal guidelines and the build out of wireless systems in the City is going well with towers at the height of the tree tops meeting the needs of the community. He stated that several sites should be identified for additional similar towers if it is determined they are needed. He questioned whether a 160’ tower is appropriate within a residential neighborhood and added that there is no technical basis for a 160’ tower, only information provided by parties wishing to maximize service. He stated that the potential for revenue for the City has led to discussion of this amendment. He added that the tower builder Plan Commission Minutes – April 14, 2010 Page 4 of 12 receives more revenue if a higher tower is built and more providers locate on it. He stated that the community has the right to consider aesthetics and can decide that more towers, at the height of the tree tops, is better than a large tower that is visible to everyone. He urged the Commission to try to identify as many sites as possible and to hold towers to a minimum height. A resident on Beverly Place stated that the question is not if the tower is ugly or the value of the properties surrounding the tower site, but instead the health impacts. She stated that towers should be built in locations away from people. Neva GaNun, 650 Northmoor Road, stated that health is an important issue despite the Federal regulations. She stated that increased communication is needed between the City and the residents on issues like this and she suggested that surveys be used instead of hearsay. She pointed out that the antennas on Old Main are attached to the chimney, not to the roof, and as a result, are not visible from the road. She stated that School District 115 has approved a new tower at West Campus. She commented on the City’s residential design guidelines noting that they are intended to protect the character of Lake Forest. She read from portion of the guidelines noting that mass, scale and height are discussed in relation to community character. Sandy GaNun, 650 Northmoor Road, noted that the Commission is being asked to make decisions without adequate information. He stated that an outside party is needed to determine the telecommunication needs of this community. He stated that he submitted a report to the Commission in advance of the meeting. He suggested that it may be possible for existing sites to be enhanced to improve service. He acknowledged that the City would prefer placing the facility on City owned property and suggested that McCormick woods be considered as an alternative site. He discussed how towers provide coverage and stated that the further away towers are located from residential areas, the better. He stated that McCormick woods would be the least intrusive aesthetically on the residential area. Demetrius Keriocou, 454 Beverly Place, stated that he is a professor at Northwestern University, a physician and a research scientist. He stated that the comment from staff that the City cannot consider health concerns is disingenuous. He stated that based on the research of the group, the FCC requires the City to make sure that that the emissions produced by cell phone towers fall within certain regulations. He stated that there is a “dose-response” effect from radiation and efforts should focus on limiting the amount of “dose” received. He stated that the potential impact on children is the greatest and read from an article in Pediatrics Magazine noting that a copy of the article was submitted to the Commission at the last meeting. He noted that it is inappropriate for a large tower to be proposed in a residential neighborhood, near a school. He acknowledged that society cannot move backward and that cell phones are in frequent use but suggested that other technologies be considered including the Distributed Antenna System. Georgia Keriocou, 454 Beverly Place, explained the Distributed Antenna System used in other communities noting that coverage is provided and it is visually unobtrusive. She stated that each installation emits much less radiation than a large tower. She proposed this option as a win-win solution. She stated that the FCC does not make a blanket prohibition on a municipality’s ability to address health concerns related to towers. She stated that she recently found a website, the Center for Municipal Solutions, and said this group can provide information to the City. She noted that this group starts from the position that construction of a tower is a last option. She discussed the distinction between the providers and the tower builders noting that the providers only have standing and that no tower should be constructed without committed providers. She stated that Lake Forest has no Plan Commission Minutes – April 14, 2010 Page 5 of 12 obligation to provide service to other communities. She suggested that the providers or tower builders be required to finance any third party review. Patricia Reece, 625 Beverly Place, noted that the intersection of Westleigh Road and Western Avenue is heavily wooded. She commented on the area known as the Beverly Oaks noting that years ago, the City worked with residents to minimize development in this area to protect the woods and as a result, eliminated the southern extension of Western Avenue. She stated that trees should not be removed to allow a tower to be constructed. She stated that the City should not intensify the unattractiveness of the ComEd substation. She stated that a tower in this area would be highly visible at an entrance point to the community. She stated that McCormick Preserve would be out of the way, but would be close to the Lake. She stated that a tower does not belong in any of these areas. Chairman Avery noted that he received requests for cross examination and invited those submitting such requests forward. In response to questions from Mr. Gavin, Ms. Czerniak confirmed that the City does not own Barat Campus. She stated that there is no formal request to remove the Barat site from the Overlay District at this time, but recommended that if another site is identified as an appropriate location, consideration should be given to removing the tower site on Barat Campus. She confirmed that it is her understanding that the School District is in discussions with a telecommunications company regarding a possible facility at West Campus. She confirmed that West Campus is not presently within the Overlay District and would require an amendment to the Code. She stated that she is not aware of any other active discussions. In response to a question from Mr. Keriocou, Ms. Czerniak confirmed that the City has not conducted a formal assessment of cell phone reception or a cost/benefit economic analysis to determine impacts on property values or property taxes. In response to a question from Mr. Williams, Ms. Czerniak stated that questions for a third party consultant will be developed based on issues raised during public comments and based on direction from the Plan Commission. She confirmed that Lake Forest has had discussions with other municipalities about how they address the buildout of wireless facilities in their communities and noted that in some areas, such as southwest Lake Forest, towers located outside of the City provide coverage. In response to a question from Ms. Keriocou, Ms. Czerniak confirmed that FCC regulations require municipalities to allow build-out of wireless facilities, but stated she is not aware of any requirement to provide coverage for surrounding communities. She commented that municipalities cannot exclude a particular provider. She responded that an application for a new tower has not been filed by any company at this point and agreed that if an application is filed, the City would want confirmation of providers locating on the tower. In response to a question from Ms. Williams, Ms. Czerniak confirmed that the City Attorney has provided direction to staff on this matter. She clarified that this discussion is an opportunity to look at the ordinance pro-actively, or to decide to leave it alone. In response to a question from Abby Fassnacht, 451 Beverly, Ms. Czerniak stated that the City has not had any discussions about a lease for a tower on the City rights-of-way under discussion. As a result, she stated that she does not have any information on potential revenues the City might receive. Plan Commission Minutes – April 14, 2010 Page 6 of 12 Ms. Czerniak responded in general to public comments noting that the City has had discussions with providers about the potential of a Distributed Antenna System. She stated that various locations for antennas were identified, but noted that the company involved at that time determined that the heavy tree cover would impact the viability of the system since the antennas would be located below the tree tops in most cases. She stated that the City’s Code provisions for wireless facilities were based on a Model Code used by many other communities. She stated that McCormick Nature Preserve was considered as a possible site, but noted that the City in the past has worked to preserve parks and natural areas. She stated that all correspondence received by the City as of 4:30 p.m. today was distributed to the Commission prior to the meeting. Chairman Avery invited questions from the Commission to staff. In response to questions from Commissioner Newman, Ms. Czerniak clarified that at this time; the Commission is considering whether the current Code language is appropriate, or whether it should be changed. She confirmed that there is no proposal for a new tower before the Commission. She stated that staff has heard clearly from the Commission concerns about the location, height and technology of any new tower that might be proposed in the future. Commissioner Newman noted a public comment suggesting that the City look at as many sites as possible. He stated that the Commission should focus its study on appropriate locations for possible cell towers. He stated his view that if City owned parcels are identified as possible sites for future towers, as opposed to the Barat site, the City would have more control over discussions about those future towers. He stated that in his opinion, more City control is better. Chairman Avery stated that the question of whether a gap exists depends on the carrier. He stated that the City cannot direct residents to specific providers. He stated support for seeking answers on focused issues from an independent consultant. In response to questions from Commissioner Waldeck, Ms. Czerniak explained that the height of a tower at any particular location is controlled by the Code provisions. Commissioner Adelman noted that the vast majority of people own a cell phone and as a result are exposed to various forms of radiation on a daily basis. In response to questions from Commissioner Reisenberg, Ms. Czerniak confirmed that any request for a tower, at a location that is not included in the existing Overlay District, would require Plan Commission consideration, and City Council approval, of an amendment to the Code to add the property to the Overlay District. She confirmed that to erect a tower on a site that is already authorized for a tower by the Overlay District, only building permits would be required before the tower could be installed. She stated that she believes that of the permitted tower sites, only the Barat site has not yet been developed with a tower. Commissioner Franksen commented that further consideration of the ComEd substation as a possible location for a new tower appears to be a logical choice over either the Westleigh Road and Western Avenue parcel or McCormick Nature Preserve. He recommended that the Plan Commission continue this matter and direct staff to conduct further research on the effectiveness of a tower at this site and the pros and cons of various tower heights and types. Plan Commission Minutes – April 14, 2010 Page 7 of 12 Commissioner Adelman agreed that consideration should continue. He noted that in many areas, wireless facilities are not even noticed until you become aware they are there. He stated that wireless providers will not spend money to construct a tower needlessly. He stated continued support for the Western Avenue and Westleigh Road site. He agreed that input from an independent party would be worthwhile and that further information should be gathered on the feasibility of a Distributed Antenna System. Commissioner Reisenberg stated that this discussion was prompted by the change of ownership of Barat and stated support for continued discussion due to the uncertainty of the future of Barat. He stated support for removing the permitted tower site from Barat Campus even while Commission discussion is ongoing. He agreed that an independent expert could offer valuable input. He stated support for moving away from the Western Avenue and Westleigh Road site. Chairman Avery stated that he would like to see the Commission, after being provided with additional information, make a decision on which is the best site in this general area. He stated that having a site selected, and appropriate criteria in place, would put the City in a stronger position than instituting a moratorium. Based on a consensus of the Commission to continue discussion of this matter, he requested a motion. Commissioner Franksen made a motion to continue discussion of possible amendment to the City’s Wireless Ordinance with the direction to staff to seek input from an independent consultant to determine: 1) if there is a service gap in southeast Lake Forest, 2) to evaluate the feasibility and effectiveness of a telecommunications tower near the ComEd substation (but not to the exclusion of other City owned sites), 3) to get input on the appropriate height and tower mechanics that would provide the most efficient coverage and service, 4) to get input on the pros and cons of internal and external antennas, and 5) to evaluate the potential for alternative technologies and to report back to the Plan Commission. He added that elimination of the Barat Campus tower site should be included when this matter is returned to the Commission. The motion was seconded by Commissioner Newman and it was unanimously approved by the Commission. 4. Public Hearing and Action: Consideration of a zone change for Elawa Park, a City Park located west of Jensen Drive and north of Elawa Farm, from R-5, residential, to OA, Open Area, consistent with the zoning of parks throughout the City. Owner: The City of Lake Forest Chairman Avery introduced the item and asked the Commissioners for any conflicts of interest or Ex Parte contacts. Hearing none, he invited a presentation from staff. Ms. O’Neill introduced this item noting that the zone change request was initiated by the City Council to provide Open Area zoning on Elawa Park, consistent with the zoning for other City parks. She stated that Elawa Farm is separate and distinct from Elawa Park and will remain zoned R-5 and will operate under a Special Use Permit. She explained that the longer term goal for this area is to work with Lake Forest Open Land and the Lake County Forest Preserves District to rezone adjacent properties in their ownership to Open Area as well. Plan Commission Minutes – April 14, 2010 Page 8 of 12 Hearing no questions from the Commission, Chairman Avery opened the public hearing on this matter, hearing no requests to speak; he returned the matter to the Commission for final comments. Hearing none, he invited a motion. Commissioner Franksen made a motion to recommend City Council approval of a zone change for Elawa Park from R-5, residential, to OA, Open Area. The motion was seconded by Commissioner Waldeck and the motion was unanimously approved by the Commission. 5. Public Hearing and Action: Consideration of a Special Use Permit to formally authorize the adaptive reuse of Elawa Farm, an historic gentlemen’s farm, for community purposes. Elawa Farm is located at 1401 W. Middlefork Drive. Owner: The City of Lake Forest Chairman Avery introduced the item and asked the Commissioners for any conflicts of interest or Ex Parte contacts. Hearing none, he invited a presentation from staff. Ms. Czerniak introduced the item noting that Elawa Farm is a community facility in a residential zoning district and therefore requires a Special Use Permit. She noted that this petition is many years in the making and is the result of the unique partnership that created the Middlefork Farm subdivision, Elawa Farm, Elawa Park and adjacent preserved open spaces now owned by Lake Forest Open Lands and the Lake County Forest Preserves District. She stated Elawa Farm is a unique facility, but is also similar to other City owned facilities including Gorton Community Center, Ragdale and Grove School. She briefly overviewed the role of Special Use Permits in Lake Forest noting that the residential zoning has been preserved throughout most of the community and the special use process is used to authorize a variety of non-residential uses in residential districts including churches, private clubs, the hospital, the college and various City facilities. She re-iterated that Elawa Farm is separate and distinct from Elawa Park. She stated that the Special Use Permit will regulate Elawa Farm, not Elawa Park. She stated that the park operates under the regulations for all neighborhood parks as established by the City Council based on recommendations from the Park and Recreation Board. She stated that the conditions of approval for the Elawa Farm Special Use Permit, as currently recommended in the staff report, are based on input received to date. She stated that as with all Special Use Permits, the conditions attempt to balance a variety of interests. She acknowledged that as a result, no one party is likely to be completely satisfied. She explained that as proposed, the Master Plan will be incorporated into and adopted through the Special Use Permit consistent with the processes used for other community facilities. She stated that by adopting the Master Plan through the Special Use Permit, it is clearly established as the guiding document for the site and sets the framework for future decisions about the site. She pointed out that the Master Plan can be revisited over time and modified as determined to be appropriate through a public process. Ms. O’Neill discussed the Elawa Farm Master Plan explaining that it was developed at the direction of the City Manager in a process facilitated by the Community Development involving representatives from the various parties having an interest in Elawa Farm. She stated that the preparation of this document involved almost a year of work by the group. She stated that the Master Plan establishes a vision for Elawa Farm and parameters for existing uses and future uses on the site. She described the six distinct use areas of the farm and discussed how those areas relate to each other. Plan Commission Minutes – April 14, 2010 Page 9 of 12 Ms. Czerniak reviewed the conditions as currently recommended in the staff report. She noted that staff met with representatives of the Middlefork Farm Homeowners’ Association to explain the Special Use Permit process and get input on issues that the neighbors would like to see addressed by the permit. She added that more recently, staff has been contacted by Mr. Asmussen, President of the Owners’ Association, and Mr. Licata, attorney representing the owners with a request to delay Plan Commission action on this matter to allow further review by the residents and continued discussion with staff. She stated staff support for continuation of the item to allow time for further discussions with all interested parties. She commented that the conditions as proposed are more extensive than those found in other Special Use Permits noting that these conditions benefit from experience that has been gained at other sites. She noted that the conditions attempt to reasonably address concerns without creating a situation that has no flexibility. In response to questions from Commissioner Waldeck, Ms. O’Neill confirmed that the full Master Plan was included in the Commission’s packet. She noted that exterior lighting is addressed in the Master Plan. In response to questions from Commissioner Waldeck, Ms. Czerniak confirmed that the maximum capacity of Elawa Farm is determined by the Code. She pointed out that the conditions attempt to emphasize that in considering requests for special events, the cumulative activities occurring at the facility at any one time must be taken into account. In response to questions from Commissioner Adelman, Ms. Czerniak confirmed that the Lake County Forest Preserve District is a stakeholder at Elawa Farm. She noted that the Forest Preserve District was involved in Middlefork Farm Subdivision early on and helped to make the overall development possible. She confirmed that the Forest Preserve District is entitled to use the parking lot and could apply for a permit to hold a special event at Elawa Farm consistent with the conditions and requirements. She stated that Elawa Farm is intended as a Lake Forest community resource, but acknowledged that forest preserve land accessed through Elawa Farm is open to the general public. In response to questions from Commissioner Newman, Ms. Czerniak confirmed that any cross walk on Waukegan Road would need IDOT’s support and would need to meet IDOT standards. In response to questions from Chairman Avery, Ms. Czerniak confirmed that arranging off site parking would be the responsibility of individual parties. She noted that parking to date has occurred at the hospital when needed. Chairman Avery invited public comment. He swore in all those intending to speak on this issue. Mr. Licata spoke representing the Middlefork Farm Home Owners’ Association and more specifically, for the Board of the Association. He stated that the conditions of approval have not yet been distributed to the entire neighborhood. He said that the Board is in concurrence with many of the conditions in the staff report noting that the conditions to date represent a collaborative effort between the City and residents. He stated that there are still some aspects of Elawa Farm and the conditions that warrant further discussion. He stated that the concerns stem from a large wedding recently held at Elawa Park. He noted that large events that extend into the evening hours and serve alcohol are the major concern. He stated that there are relatively few items but they need further discussion. He asked that the Commission postpone action on this item to allow further discussion. He recognized Chairman Avery and Commissioner Franksen and thanked them for their service to the community noting that even where there was disagreement; it was done without being disagreeable. He noted that Plan Commission Minutes – April 14, 2010 Page 10 of 12 the comments offered by the Chairman and Commissioner Franksen were always insightful, respectful and wise. Dale Dolbroth, 1360 Middlefork Drive, noted that his home is directly across from Elawa Farm. He stated that he is one of the original home owners in the subdivision and discussed the original mission statement for the facility. He stated that the initial home owners contributed money to help preserve Elawa Farm. He requested that the Special Use Permit limit private party rentals to no more than 4 per year and establish an ending time of no later than 9 p.m. He asked that a prohibition on weddings be included in the Special Use Permit. He stated that currently, the conditions would allow the operation of a banquet hall type operation. He asked that the traffic patterns, safety and quietness of the neighborhood be respected. Teresa Dolbroth, 1360 Middlefork Drive, noted that she is home during the day and sees the activity at Elawa Farm. She stated that the daytime activity is positive, but loud evening events change the neighborhood character, especially when alcohol is involved. Lydia Debonshire, 1022 Anynseley, noted that her second story windows overlook Elawa Farm. She stated that she is on the Lake Forest Open Lands’ Board. She stated that weddings or large events happen at night and noted that the set-up is disruptive and changes the character of the site. She commented that in her opinion, additional parking is not needed since the existing lot is rarely full. Ms. Czerniak clarified that the Master Plan identifies an appropriate location for future expansion of the parking lot if the Council determines that additional parking is needed. She clarified that the Special Use Permit will regulate activities at Elawa Farm, but not on the adjacent Forest Preserve or Lake Forest Open Lands properties or at Elawa Park. In response to questions from Commissioner Adelman, Ms. Czerniak confirmed that alcohol is not permitted at the beach, but is permitted at other City parks and facilities through the issuance of a special event permit and a liquor license. Commissioner Franksen noted that alcohol is permitted by permit at parks and in neighborhoods for block parties. Commissioner Reisenberg noted that a great deal of work has been completed to date and encouraged the parties to continue to work together. He suggested that the Homeowners’ Association attempt to develop a single position that addresses the interests of the residents as well as respects the others’ interests. Commissioner Franksen noted that prohibiting alcohol would eliminate some types of events. He stated that Elawa Farm is a community asset and questioned whether prohibiting alcohol is necessary. He acknowledged that sometimes loud parties happen in neighborhoods. Commissioner Newman supported continuing this matter to allow further discussion. He stated that prohibiting alcohol would limit the ability to have fundraising events but agreed that having this facility operate as a commercial venue is not the intention. Commissioner Waldeck noted that if amplified sound events are permitted 12 times per year, they are likely to all occur during the summer months. She suggested that consideration be given to spacing out events with amplified sound. Plan Commission Minutes – April 14, 2010 Page 11 of 12 Chairman Avery cautioned the Commission on prohibiting specific types of activities noting that events come in all different size and types. He stated support for generic parameters. In response to questions from Commissioner Newman, Ms. Czerniak said that the regulations for neighborhood parks are currently being reviewed by the Park and Recreation Board and noted that those regulations are not under the purview of the Plan Commission. Commissioner Franksen made a motion to continue this item. The motion was seconded by Commissioner Reisenberg and was unanimously approved by the Commission. 6. Public Hearing and Action: Consideration of amendments to Chapter 38 of the City Code, Subdivisions. The proposed amendments are intended to update and clarify the existing Code provisions. Ms. Czerniak noted that the Plan Commission is in the progress of reviewing the Subdivision Chapter and preparing comprehensive recommendations for updating of the Chapter. She stated that this provision in the Subdivision Chapter is being brought forward at this time at the request of the out going Chairman to clarify and document existing practices. Chairman Avery stated that due to the complexity of the items before the Commission, the work on the full Subdivision Chapter is not yet completed. He noted that prior to his departure however; he would like to move this provision forward to clearly codify current practices. In response to questions from Commissioner Adelman, Ms. Czerniak provided a theoretical example of a petitioner wanting to submit multiple plans for Commission consideration. Chairman Avery noted the problems and confusion created in the past when multiple plans are offered for consideration. He noted that the Commission can always request input from another Board or Commission, but commented that type of request for input is different from separate petitions being filed with multiple Boards or Commissions. In response to a question from Commissioner Adelman, Ms. Czerniak explained that expending City time and money to conduct a public review process when there are outstanding legal issues which create uncertainty with respect to the property has not been an efficient process in the past. Commissioner Franksen made a motion to recommend amendment to the Subdivision Chapter in a manner consistent with the language presented in the staff report. The motion was seconded by Commissioner Reisenberg and was unanimously approved by the Commission. 7. Discussion: Incentives for residential development. Background memo previously distributed to the Commission. Chairman Avery stated that this item should be discussed at a future meeting but encouraged the Commission to consider the long term and not react to short term issues. Plan Commission Minutes – April 14, 2010 Page 12 of 12 Commissioner Reisenberg noted that the Commission should have an understanding of the financial reasons for offering incentives as background information. Commissioner Franksen commented that incentives to “prime the pump” for good, solid developments should be encouraged but cautioned the Commission that the process should not be short changed and that quality development, consistent with the traditions of Lake Forest, should be assured. 8. Public testimony on non-agenda items. Chairman Avery noted that the Commission received correspondence on a non-agenda item relating to affordable housing. 9. Additional information from staff. Ms. Czerniak recognized and thanked Chairman Avery and Commissioner Franksen for their commitment, time and insightful comments. Commissioner Franksen stated that it has been an honor to serve with Chairman Avery and the other Commissioners and stated his appreciation for the work of City staff. Chairman Avery thanked the members of the Commission noting that he has enjoyed his six years on the Commission. He personally thanked Commissioner Franksen for his diligence and insight in articulating numerous motions and setting the stage for Commission action on many items over his six year tenure. He also stated support for incoming Chairman Reisenberg noting that he brings a wealth of experience, leadership and passion for maintaining and enhancing the character of Lake Forest. He recognized the work of City staff. The meeting was adjourned at 9:52 p.m. Respectfully submitted, Catherine Czerniak Director of Community Development