Planning & Zoning Committee

Approved MINUTES OF A MEETING OF THE PLANNING AND ZONING COMMITTEE VILLAGE OF NORTHBROOK COOK COUNTY, ILLINOIS NOVEMBER 26, 2012 Chairman Karagianis called the meeting to order in the Terrace Room of the Village Hall at 7:05 PM. On roll call, present were: Trustees Buehler and Heller and Chairman Karagianis; also present: President Frum, Director of Development & Planning Services T. Poupard, Assistant Director of Development & Planning Services D. Schoon, Senior Planner M. Kohlstedt, Village Attorney S. Weiss and Village Clerk D Ford. Call to Order Hear from the Audience None Discussion: Docket No. 12-16: 1945 – 1985 Pfingsten – Countryside Montessori School Expansion Senior Planner Michaela Kohlstedt opened with a brief overview on the proposed development that included a history of the development to date. She reviewed the scale of the proposed building expansion in relation to the existing building on the subject property and the waiver of the burial of overhead utility lines, as well as the waiver of payment of the fee-in-lieu of burial. Planner Kohlstedt explained the applicant is still requesting a waiver of payment of the fee in lieu of burial. Senior Planner Kohlstedt reviewed the Village’s history with burial-in-lieu, how many applicants have paid since 2000 and what funds are currently maintained in the escrow account to date. Tom Dobbins, Dobbins Group, presented a “neighborhood massing model” for the Trustees to see. Alex Vaysman, Dobbins Group, showed five views of the proposed site via the massing model. Trustee Buehler questioned the materials the fence was made of and Mr. Dobbins stated it was a stockade fence. The Trustees asked a number of questions on the proposed development. Trustees Heller and Karagianis noted their approval. Trustee Karagianis asked if the middle house would remain as residency and Wendy Calise, representative of Countryside Montessori, replied yes the founders of the school would continue to live in it. She explained they take care of the grounds. The house was there before the school was. Trustee Karagianis asked what would happen when the residents leaves? Trustee Buehler pointed out the school would own the house. Ms. Calise stated the plan now is to keep the house as a residence. Trustee Heller questioned if the Village has an agreement in place for this residency? Director Poupard stated language could be included in the Special Permit. The Commission discussed, noting they do not want it to become a boarding home in the future. Trustee Buehler had questions on the height and asked the applicant to discuss the trees on the property. He asked if the building would have any solar benefits and Wendy stated no. All of the Trustees noted they find the bulk and scale of the development appropriate; however, they all had comments on the issue of the fee in lieu. Trustee Heller gave the opinion that he did not want to break from precedent, from what was done in past. He noted Montessori’s concern with a restrictive covenant in place for the owed fees if they decide to sell the property in the future. He suggested they just pay the fees now then it is not an issue in the future. Trustee Heller stated enough has been done. Mr. Schoon stated the fee has been waived only once for the synagogue at Willow and Landwehr roads. 1 Trustee Buehler suggested having the school pay the fee-in-lieu if they sell to anyone other than a not- for-profit organization. President Frum stated she agreed with Trustee Buehler. Trustee Karagianis agreed to waive the fee now. When the Village collects the fee is up to the applicant; however, the fee is the fee, no matter when they pay it. Attorney Stewart Weiss questioned what should the fee amount be if the applicant does sell the property. In response, Trustee Karagianis stated they can pay the going rate when they decide to pay or at the time of sale. Attorney Weiss clarified that the proposal would be that the school would not be obligated to pay the fee while the current owner holds title. Trustee Karagianis commented that there is presently money in the escrow account the Village has not used. He stated the Village should use the collected funds; not have a fee in lieu and forget about the funds. Attorney Weiss explained fee in lieu is not tied to the specific property paying the fee in lieu. They then discussed the fees collected. President Frum noted any change to the current procedure is a policy discussion, which may require further discussion later with the Public Works Committee. Planner Kohlstedt noted sometimes the funds are used piece meal for other projects. Director Poupard clarified the funds are used to help supplement other projects. Presently nothing is programmed. Trustee Karagianis stated he did not want to cut the funding source. He stated it is not fair to others who have paid and any policy change has to be approved by a majority of the Board. Ms. Calise asked the Trustees for consideration. She stated this is a 45-year old not-for-profit business and questioned if now was the time to change precedent. Trustee Karagianis stated there is no precedent. Ms. Calise noted the financial burden paying the fee-in-lieu would cause the school. Trustee Karagianis explained they are not pushing them to pay it now, it will be an encumbrance, but he will not vote to waive it. Trustee Buehler noted his concerns with them paying now. Trustee Heller stated he agreed with Trustee Karagianis, so the recommendation of the committee is not to waive the fee in lieu. He stated Staff and the Board can work on coming up with a policy for deferring and a triggering methodology. Trustee Buehler suggested waiving the fee for the existing use and deferring until the property is sold to another entity so that then they can come back in and appeal. Trustee Karagianis stated he understood, but any policy decision has to first be approved by the Board. Trustee Buehler noted the applicant is asking for something now, and we don’t have a policy. If they can defer until the time they sell the entity, they can at that time make a case. This would allow staff to come up with a policy similar to what we have discussed. Trustee Karagianis stated the fee-in-lieu can be waived for a period of time, and let Montessori recover to pay for it later. President Frum and Trustee Buehler stated they would like to see the fee tied to the sale. It is cleaner. Trustee Heller suggested deferring the payment to the time of sale or any major change in character in the use of the property. Trustee Karagianis agreed. Attorney Weiss clarified the fee-in-lieu will be in the form of a restrictive covenant. Payment of the fee will be what it is at that time of sale or a significant change in the use of the property. If sold, the new owner would have the ability to come and appeal the fee. Discussion: Next Steps for the Proposed Timbers Edge Development Site Located at 3895, 3925, & 3955 Dundee Road Assistant Director Schoon gave a brief overview of the development site as outlined in the staff report. He reminded the Trustees of the tree removal done on the site in which there was much discussion when the third extension was granted. He stated the Applicant worked with staff to replant some trees on the site and a letter of credit was provided to guarantee the planting of additional trees in the future. If the applicant does not install the trees by May, the Village can cash in the letter of credit. Mr. Schoon noted the Developer wants to speak about the state of the market for the types of homes needed. They have indicated they would like to explore other options. Given the challenges the Applicant is facing the 2 Applicant is seeking direction regarding possible ways to proceed with future redevelopment of the site. Mr. Schoon noted Danny Zivin and Steve Friedman are present to address the committee. Trustee Buehler first questioned how the trees on the site are doing with the drought this year? He noted that if they fail that is the first issue that will come to the Board. In response, Mr. Zivin stated they are doing fine as far as he knows; however, he has not recently checked the viability of the trees. Trustee Heller stated as far as what type of residential development consistent with the R-4 zoning would be appropriate on this site; he felt it was not their call. He clarified it is different if an Applicant comes in with a proposal that is too dense. He stated you have to come to us with ideas. He doesn’t want to tell the Applicant, as a developer, what to develop. President Frum explained Mr. Zivin and Friedman previously asked to meet with her and staff. It was stated at this meeting the market is not supporting the approved development plan, and it was felt it was a good time for the applicant to come back to this group to see how they should move forward. Mr. Zivin stated they had hoped when they purchased the site in foreclosure they would make money with the prices they anticipated to sell the lots for. Now it is not possible. They are trying to figure out what to put there. They have spent a lot of time marketing the property, but they have run across a few issues. The underground vault is an issue; it is cost prohibited - close to $1M. With the cost of the land, the vault, etc., it has put us $200,000 away from the estimated market price we anticipated for each home proposed. Mr. Zivin explained they thought of lowering the asking price for the homes, but they have found they can’t even do that. Mr. Zivin stated they don’t feel it is a good idea to keep the site empty. They would like the site to be a viable part of Northbrook. Mr. Zivin explained he spoke to Tracy Cross marketing consultant firm. An analysis showed a demand in this market towards the empty nester, with a cost per unit of approximately $400,000, would do very well. He stated there are a lot of people in this area that would buy for that amount, in compared to Royal Ridge or the Cotswolds, which started out in the mid $800,000. Mr. Zivin explained they have only had one day to discuss the details. He explained the Board liked KZF’s earlier proposal, but noted they would like something less dense. He noted they were not aware of the cost of the underground vault then. Mr. Zivin explained he asked a handful of people for their input. In response they stated they like smaller detached single family units or duplex units, which are more cost effective. He showed a diagram of the Carlyle Development. He stated duplex units appear visually less dense from a structure point. You can build 10 buildings and get 20 units. Mr. Zivin stated a duplex, at Meadow Ridge is typically 75 feet. He pointed out some people do not even realize the homes in Royal Ridge are mixed family. Mr. Zivin stated they are trying to get it up to 20 units to make it price effective. President Frum explained to the Committee they are not looking for them to approve the concept tonight. She stated her question is the R4 zoning expires this year and would they allow another extension of the existing tentative plat and zoning approvals in order to provide the Applicant time to pursue an alternative development on the site? Mr. Zivin noted the financial ramifications he is facing with his investors. The Committee discussed the letter of credit for the trees, the R-4 Zoning and a possible Planned Unit Development (PUD) on the site. Trustee Karagianis stated he thought most people who downsize are not looking at $1M homes. If the price is lower and the master bedroom is on the main floor they will sell out. Mr. Zivin stated the development will stay zoned R-4, but it would likely be a PUD. Trustee Karagianis stated he did not have a problem with an extension, and Trustee Heller agreed. Trustee Karagianis agreed the market is not feasible for the development that was originally proposed. Trustee Buehler stated he did not mind looking at an alternative plan; however, no matter what comes in he does not want the asking for a waiver of school fees. President Frum stated she would like the units to 3 have the appearance of single family homes. Trustee Buehler discussed with Director Poupard what would happen if the extension is granted and the applicant changes the plans down the road. President Frum asked that the applicant keep the property maintained so there are not complaints. Mr. Zivin explained he obtained a permit to put up a fence, but he held off doing it to avoid conflict with the neighbors. He questioned if they should move forward with fence? It was suggested he hold off on the fence for now. If need be, he can put it up later. Trustee Karagianis stated the committee will recommend approving an extension for one year and removing the letter of credit, in exchange of the developer putting up the cash. Discussion: Status of Development & Planning Services Department Code Initiatives. Director Poupard stated he just wanted to give the Committee a status on updating the Zoning Code. He stated the Development and Planning Services Department is presently working on a number of initiatives. It is their intention to make it a priority after the first of the year. DPS is looking at initiating a whole range of other changes also, for example storm drainage improvements, etc. In the spring staff will be working with the Board to prioritize the changes. President Frum noted the two major developments that are being proposed and the need to prioritize these two new developments if/when they come in. Adjourn Trustee Heller moved, seconded by Trustee Buehler to adjourn the meeting at 8:33 PM. 4