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08/20/2018August 20, 2018 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Harriet Rosenthal in the Council Chambers of the Village Hall on August 20, 2018, at 7:30 p.m. The clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Robert Benton Tom Jester Mary Oppenheim William Seiden Dan Shapiro Barbara Struthers and that a quorum was present and in attendance. Also present were Village Manager Kent Street and Steven Elrod, Village Attorney. PLEDGE OF ALLEGIANCE Students from Caruso and Shepard Middle Schools Destination Imagination teams led the Pledge of Allegiance. The students introduced themselves and spoke about their involvement with Destination Imagination. DI is a series of creative competitions. The two teams each took first place in their respective divisions. Co -leader Tom Dahlberg mentioned the students collaborated for six months. They had to do a lot of research to build things. Caruso came in first place two years in a row. Mayor Rosenthal presented both schools with street signs that will be placed at the entrances to the Village. MINUTES OF PREVIOUS MEETING Trustee Oppenheim moved to approve the minutes from the August 6, 2018, Board of Trustee meeting. Trustee Benton seconded the motion. The motion passed unanimously on a voice vote. BILLS AND PAYROLL Trustee Struthers moved to approve the Bills and Payroll dated August 20, 2018. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) PUBLIC COMMENT There were no Public Comments on non -agenda items. Trustee Struthers moved to change the order of the agenda items. Trustee Oppenheim seconded the motion. The motion passed on a voice vote. OLD BUSINESS ORDINANCE AUTHORIZING ROOF An Ordinance authorizing roof signage for Aligned Board of Trustees Meeting August 20, 2018 Page 2 of 12 SIGNAGE FOR ALIGNED MODERN Modern Health located at 710 Deerfield Road. HEALTH 710 DEERFIELD ROAD — 1R First Reading. This will stand as a First Reading. RESOLUTION R-18-15 GRANTING A A Resolution granting a variation from Section 6-47 VARIATION FROM SECTION 6-47(E) (E) of the Municipal Code for a swimming pool to OF THE MUNICIPAL CODE FOR A be located at 1463 Northwoods Drive. SWIMMING POOL (1463 NORTHWOODS DRIVE) Trustee Shapiro moved to adopt the Resolution. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) ORDINANCE AUTHORIZING A SPECIAL USE TO PERMIT THE ESTABLISHMENT OF A GODDARD SCHOOL AND AN AMENDMENT TO THE DEERFIELD PARK PLAZA SHOPPING CENTER PLANNED UNIT DEVELOPMENT AT 475 LAKE COOK ROAD (GODDARD SYSTEM INC. AND DEERFIELD PARK PLAZA) — IR An Ordinance authorizing a Special Use to permit the establishment of a Goddard School and an Amendment to the Deerfield Park Plaza Shopping Center Planned Unit Development located at 475 Lake Cook Road. First Reading. This will stand as a First Reading of the Ordinance. RESOLUTION R -I8-16 AUTHORIZING A Resolution authorizing a detached canopy A DETACHED CANOPY STRUCTURE structure for Chick-Fil-A located at 99 S. Waukegan AT 99 S. WAUKEGAN ROAD. Road. CHICK-FIL-A Trustee Oppenheim moved to adopt the Resolution. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Struthers (4) NAYS: Seiden, Shapiro (2) ORDINANCE 0-18-27 APPROVING A An Ordinance approving a purchase and sale PURCHASE AND SALE AGREEMENT agreement and the acquisition of real property at AND THE ACQUISITION OF 645 Osterman. REAL PROPERTY (645 OSTERMAN) Trustee Jester moved to waive the First Reading of the Ordinance. Trustee Oppenheim seconded the motion. The motion passed unanimously on a voice vote. Trustee Oppenheim moved to adopt the Ordinance. Trustee Shapiro seconded the motion. The motion passed by the following vote: Board of Trustees Meeting August 20, 2018 Page 3 of 12 AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) REPORTS REVIEW OF THE REPORT AND Review of report and recommendation of the Plan RECOMMENDATION OF THE PLAN Commission concerning a request for a residential COMMISSION CONCERNING A Planned Unit Development with necessary REQUEST FOR A RESIDENTIAL exemptions; a rezoning of the properties from R-1 PLANNED UNIT DEVELOPMENT Single Family Residential to R-5 General Residence (PUD) WITH NECESSARY District; an Amendment to the Comprehensive Plan EXEMPTIONS; A REZONING OF THE Future Land Use Map to permit a Workforce PROPERTIES FROM R-1 SINGLE Housing Development to be located at 10 Deerfield FAMILY RESIDENTIAL TO R-5 Road; and approval of a Preliminary Development GENERAL RESIDENCE DISTRICT; AN Plan. AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE Mayor Rosenthal noted the Board has read a lot of LAND USE MAP TO PERMIT A information and has done their homework on this WORKFORCE HOUSING recommendation. DEVELOPMENT AT 10 DEERFIELD ROAD; AND APPROVAL OF A Mr. Street reported the Plan Commission held a PRELIMINARY DEVELOPMENT PLAN Public Hearing to consider the request for a (ZION LUTHERN EVANGELICAL preliminary residential development plan with CHURCH, BRINSHORE amendments. If approved, the petitioners would DEVELOPMENT LLC AND HOUSING appear before the Plan Commission for final OPPORTUNITY DEVELOPMENT approval and then before the Village Board. The CORPORATION) Plan Commission voted 4-1 in favor of the request. Richard Koenig, Executive Director of Housing Opportunity Development Corporation, introduced the proposed project. His organization is a not-for-profit organization that develops affordable housing throughout Illinois. He summarized the proposal, which would be comprised of a green certified building with housing, a parking lot, picnic areas and a natural landscape conservation area. There will be detention areas to control the water. The proposal is for 25 units in two buildings rather than the originally proposed 48 units in three buildings. The proposal has significantly less impact than their initial proposal. Mr. Koenig stated they have made a lot of changes to have less impact on the neighbors, including adding landscaping and moving the trash containers. Mr. Koenig stated they are requesting R-5 zoning because of Village requirements. They are not asking for R-5 zoning due to density, lot coverage or height; rather, they need it for the multi- family designation. Laura Schaeffer, Civil Engineer, stated they will extend the parking lot to the north and add a cul-de-sac. They will build up the building pads to get the buildings out of the flood plain and Board of Trustees Meeting August 20, 2018 Page 4 of 12 will provide detention and separate it for the compensatory storage. Ms. Schaeffer noted the compensatory storage will be dry on a daily basis and will have native, prairie plantings. Mark Parrucci, project architect, stated the units will be a combination of one-, two- and three- bedroom units. There will be a mix of one- and two-story units. The warm brick color was chosen to compliment the brick on the church. The building height will be 33 feet. Scott Goldstein, principal with Teska Associates, provided an impact analysis. He looked at two questions. First, is there evidence that homes closer to existing affordable housing are valued less than properties further away as measured by recent sales. Second, is there evidence that for sale homes closer to existing affordable housing have lower assessed values than comparable homes further away from the sites. Mr. Goldstein evaluated the home values of four areas and found that the average sale prices and assessed values were slightly higher when they were closer to the affordable housing. He noted that the affordable housing did not cause the higher values, but it did not have a negative impact. Steve Friedland, attorney with Applegate & Thorne -Thomsen, reported that the proposal achieves the Village's Comprehensive Plan's goal of providing affordable housing, provides a long-term community asset, improves storm water management, provides impact fee payments, has negligible impact on traffic, does not have a fiscal impact and does not impact property values of neighboring properties. Mr. Friedland stated the property is an eight -acre parcel that has never been part of the existing residential community. There is no pedestrian or vehicular flow that goes through the neighborhood. The site is very large and could accommodate a larger development. They are requesting R-5 as they are seeking multi -family zoning, but do not have the density allowed by R-5. This will be a Planned Unit Development, which requires a number of standards. He believes the 25 unit residential development will not be detrimental to or endanger the health of the community. Mr. Friedland stated they are requesting a perimeter setback modification that would allow the existing service road and church building to be closer than 28 feet from the property line. The new improvements will not violate the setback requirements. They are also requesting an additional ground identification sign on Deerfield Road. The Zion Church currently has a sign on Deerfield Road. They are also requesting an amendment to the Comprehensive Plan, as the property has been designated to remain as an institutional use. He requested the Village amend the Comprehensive Plan to allow a multi -family development. Mr. Friedland noted the Village is looking to add affordable housing. He believes this is a great opportunity to allow the Village to accomplish that goal. Mayor Rosenthal inquired about the difference between affordable housing and workforce housing. Mr. Friedland stated affordable housing is a larger definition that relates to projects that Board of Trustees Meeting August 20, 2018 Page 5 of 12 receive a government subsidy and are required to put restrictions on the income levels of the residents. The majority of affordable housing utilize federal low-income housing tax credits. Under this guideline, residents cannot earn more than 60 percent of the median income of the area. Deerfield is in the Chicago — Joliet — Naperville area. The current 60 percent median area income is $50,760 per year for a four -person family. The median income is $84,600. Workforce housing is a subset that is used to talk about income restricted housing where the resident is in the workforce, but the housing is more than 30 percent of their income. At the 60 percent area median income, a family of four could not live in Deerfield. Mr. Friedland sees this development as a workforce housing development. Mayor Rosenthal asked about the mix of units for the disabled. Mr. Koenig stated there would be three units for physical disabilities and five units that are adaptable. Mr. Friedland added this is a federal requirement, not a low income housing requirement. Mayor Rosenthal asked about the church's interest. Mr. Koenig stated the church owns the property and looked for someone to develop the property. The church helped put the team together. Mayor Rosenthal expressed concern about rezoning the property. She understands there is a need for affordable housing in the Village, but does not think there is a need for a 25 -unit apartment building. Mayor Rosenthal noted the petitioner is willing to sign a covenant stating that should the not-for-profit affordable housing cease to exist, the zoning reverts back to R-1. Mr. Elrod noted the developer and their attorney volunteered to sign the covenant. Mr. Friedland stated one of the important components of this development is they will achieve the goal of affordable housing. The petitioner will work with the Village to create a covenant that would enforce the obligation of keeping the church as the owner of the property and the apartment building as the tenant. He welcomed the covenant as a condition of the Ordinance. Mr. Elrod stated the zoning would be changed from single-family to multi -family, but will be bound by and subject to the site plan. In addition, the covenant would run with the land in perpetuity and would provide that the occupants would fall within the definition of affordable or workforce housing. If the covenant is violated, the Village could entertain a petition to rezone the property back to R-1. If the church were to vacate the property, the covenant would still go with the land. Mr. Elrod noted the covenant would require a religious institution and two multi -family buildings on the land. No other use could go on that site. The covenant would restrict the use as well as the site plan. Trustee Shapiro noted one school of thought is that affordable/workforce housing should be located closer to services. Mr. Koenig stated a Pace Bus stop is just outside and the building is one mile away from the downtown. It is a highly transportable community and the grocery stores are less than 1 mile away. Trustee Shapiro inquired about the possible additional needs for ambulatory and fire services. Mr. Koenig stated they work with social services within the area. People that need access to services get that access. Trustee Shapiro asked about the challenges facing similar developments. Mr. Koenig stated it is the typical operations of any Board of Trustees Meeting August 20, 2018 Page 10 of 12 Joan Rosen, 826 Smoke Tree, believes in affordable housing. She questioned how the Trustees would feel if this were in their backyards. Ms. Rosen believes this development should be closer to the downtown. Sharon Kessel has been a realtor in Deerfield for 38 years. She lives in King's Cove. Ms. Kessel was in an accident coming out of her subdivision. She believes the traffic created by this development will not be good for the Village. Ms. Kessel noted the common phrase is "not in my backyard" but noted the statistics were comparing new construction with multi -unit buildings but not workforce housing. Most buyers pay more for new construction. Ms. Kessel believes workforce housing is a good idea, but the traffic will negatively affect the Village. Harriet Dart has been a resident for more than 50 years. R-1 zoning does not guarantee your neighborhood will not be altered, the trees will not come down and your home will not be dwarfed by new development. There has been a lot of work done on this plan to ensure it works for a lot of people. Residents have to put up with a lot, including the railroad noise, but they do it for the community. The property will be developed. Will it be 20 single family houses? Those people would have more cars and create traffic on Deerfield Road. Yaniv Zilberman, 30 Standish Court, just purchased a home in King's Cove. He believe this will set a precedent and will change the fabric in Deerfield. He is in favor of affordable housing. Mayor Rosenthal noted there has been a lot of conversation about detention ponds and compensatory storage. She asked Acting Director of Public Works and Engineering Bob Phillips to explain how the compensatory storage deals with the flood plain issue. Storm water detention is used to compensate when there are additional amounts of impervious coverage on the property. Some detention basins are underground. All developments have detention basins. Some are wet while others are dry. Dry detention basins take the run-off and hold it until after a storm subsides. It will only be wet for a short period of time. The proposed detention basin has a depth of 4 feet. Deerfield has a strict set of requirements for detention ponds. Trustee Oppenheim moved to accept the report and recommendation of the Plan Commission and approval of Preliminary Plan. Trustee Benton seconded the motion. Trustee Benton noted this is preliminary approval and would go back to Plan Commission. Trustee Struthers has spent hours reading and studying the information and letters from residents. She has experienced the traffic on Deerfield Road. Trustee Struthers believes the zoning needs to be trusted. The Village has done a lot to protect the residential areas and existing homes. She understands what the residents are going though. Trustee Benton has been part of this from the beginning. The property is difficult and has a lot of complications. The proposal is now back. The zoning in Deerfield is not etched in stone. Each year, the Plan Commission looks at the Comprehensive Plan and adjusts it accordingly. Otherwise, we would have no progress at all. The Plan Commission suggests adjustments to make this community amenable. Board of Trustees Meeting August 20, 2018 Page 11 of 12 Trustee Shapiro thanked the residents for their participation. It is very important. Everyone showed respect. People will disagree, but allowing each other to be heard is very important. Trustee Shapiro believes the restrictive covenant is very important, as it showed him the restraints of the property going forward as well as the willingness of the developer to allow it to happen. It is also important to recognize the Zoning Ordinance is the rules. If you want a multi- family development, it has to be zoned R-5. The developer's bulk regulations are closer to R-1 and R-2. These regulations will be recorded and the property will be restricted to these regulations. Deerfield is a very good community. We are all fortunate to live in this community. We have the ability to make diversity better. He thinks it is important to appreciate that sometimes fear gets in the way. Trustee Seiden was part of the task force that changed a number of Ordinances. He takes the zoning very seriously. People moved into their homes and looked at the zoning. They felt the Village would abide by the zoning. Trustee Seiden has never seen an R-1 changed to R-5. He takes his role as a Trustee very seriously. He was elected to represent all the people in Deerfield. Trustee Seiden has spoken to more than 150 people and has found no one in favor of the project. People are not against affordable housing, but do not want it in their backyard. He looks at this as land use, not affordable housing. He would be upset if it were in his backyard. He would like affordable housing as more structured housing in Deerfield. Trustee Oppenheim supports the project. There were a lot of questions raised at the Plan Commission. The project has been fine-tuned and redeveloped so most of the questions have been answered. The screening, berm work and engineering of the site will be positive. She rejects the term spot zoning. Zoning is a dynamic system and needs to be adaptable. She is concerned that this is not the ideal site for affordable housing but this is the proposal and opportunity we have. It is an opportunity to improve the community. She does not believe this project will negatively impact the value of the neighboring homes, schools, park district and Village. It will be a positive for all. It is difficult to have change. Just because you are used to something does not mean you are entitled to it. She is confident the project will have minimal impact on the neighbors. Trustee Jester reviewed the material carefully and believes it addresses his concerns. The Comprehensive Plan states Deerfield does not have a lot of land available for affordable housing. He sees this as an opportunity and is in favor of the plan. Mayor Rosenthal noted this type of detention is in most neighborhoods and is not fenced. She understands the traffic concerns. The benefit versus non -benefit. We all see the benefit of affordable housing. There are many single parents in the community that cannot afford to stay in the community. This is geared toward them and those that need assistance in their living. The Comprehensive Plan speaks to the need for affordable housing. Her major concern is the rezoning. This has been taken care of with the covenant. She appreciates the Plan Commission and staff for their thorough report and the residents for their input. AYES: Benton, Jester, Oppenheim, Shapiro (4) NAYS: Seiden, Struthers (2) Board of Trustees Meeting August 20, 2018 Page 12 of 12 ONSENT AGENDA There were no items on the Consent Agenda. There was no New Business. NEXT MEETING Labor Day holiday. TRUSTEE IN THE TOWN ADJOURNMENT Trustee Struthers seconded the motion. adjourned at 10:49 p.m. NEW BUSINESS DISCUSSION Mayor Rosenthal noted the next Board of Trustees Meeting would be on Tuesday in observation of the Trustee Seiden noted the next Trustee in the Town is on September 1 at the Farmers Market. There being no further business or discussion, Trustee Oppenheim moved to adjourn the meeting. The motion passed unanimously. The meeting was The next regular Board of Trustees meeting will take place on Tuesday September 4, 2018 at 7:30 pm. APPROVED: Mayor ATTEST: Village Cle