No preview available
CITY COUNCIL 5-18-00 agendaTHE CITY OF LAKE FOREST COUNCIL AGENDA May 18, 2000 CALL TO ORDER AND ROLL CALL Honorable Howard J Kerr, Mayor Samuel J. Henry, Alderman First Ward Lawrence Temple, Alderman Third Ward Robert T. E. Lansing, Alderman First Ward Roger J. Mohr, Alderman Third Ward Peter M. Mott, Alderman Second Ward Mary Ann Pekarek, Alderman Fourth Ward Michael J. Burns, Alderman Second Ward James J. Cowhey, Jr., Alderman Fourth Ward REPORTS OF CITY OFFICERS 1. Comments by Mayor A. Approval of New Appointments to Boards and Commissions for 2000-2001 A list of new appointees and volunteer profile sheets will be delivered to the Council members prior to the Council meeting. Recommended Action: Approval of new appointments recommended by the Mayor. 2. Comments by City Manager A. Approval of Resolution of Appreciation for William A. Borzick for 26+ Years of Service A copy of the resolution is attached beginning on page 9. Recommended Action: Approval of the resolution. 3. Comments by Council Members OPPORTUNITY FOR PUBLIC TO ADDRESS THE CITY COUNCIL CONSENT AGENDA 1. Approval of Minutes from the May 1, 2000 Meeting Recommended Action: Approval of the Consent Agenda items as presented ORDINANCES 1. Consideration of a Report and Recommendation from the Zoning Board of Appeals for a Variance from the Lot in Depth Setback for Property Located at 1284 N. Sheridan Road (Hoffman Variation) (Waive First Reading and Grant Final Approval) PRESENTED BY SENIOR PLANNER CATHERINE CZERNIAK (615-4299) On April 24, 2000, the Zoning Board of Appeals held a public hearing to consider a request for a variance from the required setback to allow for construction of a two story addition and an open porch. The addition and porch are proposed for the west side of the existing residence at 1284 N. Sheridan Road. This property is located at the end of a private driveway and is a lot-in-depth. A 40-foot setback applies to all sides of the property. The existing residence was constructed in the 1930’s and does not conform to the present setback requirements. The proposed addition will also encroach into the setback, but to a lesser extent than the existing house. The proposed porch will encroach into the setback the same distance as the existing house The Board did not receive any public comments on this petition. The Board noted that the proposed addition will not be visible from the streetscape, and will have only minimal, if any, visibility from neighboring homes. The Board commended the petitioner for bringing forward a proposal to update and expand the existing residence, rather than proposing a demolition of the residence. The Zoning Board of Appeals voted unanimously to recommend approval of the variance to allow the construction of the two-story addition and a porch. A copy of the Board’s report is attached beginning on page 19. Recommended Action: Waive first reading and grant final approval of an ordinance authorizing the variance as requested. NEW BUSINESS 1. Consideration of a Request for Final Approval of a 6-lot Subdivision, filed by the Biltmore Development Group, L.L.C., for Property Located at 1470 W. Old Mill Road (Biltmore Subdivision) PRESENTED BY SENIOR PLANNER CATHERINE CZERNIAK (615-4299) On April 12, 1999, the Plan Commission held a public hearing to consider final approval of the Biltmore 6-lot subdivision. The property proposed for subdivision totals 14 acres and is located between Old Mill Road and Estate Lane East. The proposed subdivision is in conformance, and in some respects exceeds, the applicable Code requirements for minimum lot size and setbacks. The proposed lots range in size from 109,264 square feet to 74,077 square feet. The existing Jerome Cerny residence will remain on Lot 1 of the subdivision, and will be subject to the provisions of the Historic Preservation Ordinance as a condition of this subdivision. This subdivision will complete the extension of Oak Knoll Drive between Estate Lane East and Old Mill Road. This street connection has been anticipated for many years by the City Council and Plan Commission, and land for this street extension has been reserved as subdivisions have been approved in this area in the past. Extension of Oak Knoll Drive will provide a more efficient and direct access for public safety vehicles and for residents in this area. At the direction of the Plan Commission, the petitioner revised original plans and shifted the new street almost entirely on to the property proposed for development. This shift was made, despite the fact that land on the adjacent property had long been designated for use as a public street, in an effort to minimize impacts on the adjacent properties. The Plan Commission heard testimony from several neighboring property owners. In general, the neighbors commended the plan for not maximizing the potential density on the site. Concerns were also raised about off site drainage impacts, preservation of the wooded character of the area and the alignment of the road. The Commission concluded that each of the issues are satisfactorily addressed in the final plans. The Plan Commission voted unanimously to recommend final approval of the subdivision to the City Council subject to several conditions of approval which are detailed on page 27 of the Council packet. Recommended Action: Approve a motion granting final approval of the Biltmore 6-lot subdivision subject to conditions of approval as recommended by the Plan Commission. 2. Consideration of an Appeal of a Building Review Board Denial of a Request for Approval of the Demolition of Two Single Family Residences and a Garage the Construction of a Replacement Single Family Residence Located on Property Addressed as 569 and 571 E. Spruce Avenue. (Appeal Filed by Anna and Michael LeVert.) PRESENTED BY SENIOR PLANNER CATHERINE CZERNIAK (615-4299) On April 26, 2000 the Building Review Board considered a request from Mr. and Mrs. LeVert for approval of the demolition of three structures and the construction of a replacement residence and a three car garage on property located at 569 and 571 E. Spruce Avenue. The Board heard a presentation from Mr. Michael Hrusovsky, the petitioners’ architect. During the opportunity for public comments, several neighboring property owners addressed the Board and expressed concern about the proposed replacement structure and questioned its compatibility with the existing neighborhood and the streetscape. The Board discussed the petition and acknowledged the challenges presented by the lot due to its size and configuration. The Board noted that the proposed replacement structure appears out of character with the neighborhood due to the combination of various factors including the size, style and siting of the house. At the conclusion of the Board discussion, Chairman Ebner encouraged the petitioners and their architect to consider the comments and concerns raised by neighboring property owners and Board members, and return to the Board with a revised proposal for the property. Based on the comments of the Board members and the neighbors, there is clearly an interest in seeing the property improved, and a willingness to support a revised plan that addresses the various issues raised. Nevertheless, Mr. LeVert requested a vote on the petition from the Board. In response to Mr. LeVert’s request, the Board voted 7-0 to deny the petition in its present form. A draft of the minutes of the Building Review Board meeting is included in the packet beginning on page 39. Recommended Action: Ordinarily, in an appeal, the recommendation would be to uphold the unanimous decision of the Building Review Board to deny the petition in its present form. However, based on the fact that there has not been an opportunity to consider alternative plans that respond to the issues raised by the neighbors and the Board, staff recommends that this petition be remanded back to the Building Review Board for further consideration. 3. Consideration of a Request by the Lake Forest/Lake Bluff Historical Society to Hold an Exhibition Polo Match in Deerpath Park PRESENTED BY DIRECTOR OF PARKS, FORESTRY & PUBLIC WORKS TOM NAATZ (615-4218) At the April 20, 2000 City Council meeting, the City Council considered the request by the Lake Forest/Lake Bluff Historical Society to hold an Exhibition Polo Match to be held in Deerpath Park on September 2, 2000. Several logistical and operational concerns were expressed and the Historical Society was directed to meet with representatives of the Park and Recreation Board and City Staff to finalize the details of the event including long/short term effect of turf quality at the park. A copy of a memo summarizing the results of the meeting is attached beginning on page 49. Recommended Action: Authorize approval for the Lake Forest/Lake Bluff Historical Society to hold an Exhibition Polo Match on September 2 in Deerpath Park. 4. Consideration of a Proposal from The Lakota Group, Inc. to Assist the City in Conducting a Comprehensive Land Use Study and Public Review Process of the Route 60 Subarea PRESENTED BY DIRECTOR OF COMMUNITY DEVELOPMENT CHARLES CROOK (615-4208) On April 12, 2000, the Plan Commission heard a presentation from staff on a Route 60 Impact Study that was recently completed at the direction of the Commission. The study evaluated the cumulative impact of development, both existing and proposed, along Route 60. The study evaluated the impacts of residential and office development, and identified the positives and negatives of each option. More importantly, staff suggested that based on the findings of the study, a variety of other potential uses should be considered for the area before significant decisions on requests for zone changes, annexations and an amendment to an annexation agreement are made by the Plan Commission and City Council. The study pointed out that Conway Park is only about one-third built out at this time and that two very large office buildings in the park are not yet occupied. In addition, the study emphasized the magnitude of development that could eventually occur along Route 60. Such development not only would influence traffic, but would affect the City’s ability to deliver public and emergency services and could materially change the character of the area and of the City itself. The Commission further acknowledged that once the area is developed, opportunities to encourage the development of uses that are consistent with existing and reasonably contemplated infrastructure and service capabilities of the City and that meet the interests and needs of the employees in the office park, the residents in the area and the overall community, will be lost. An excerpt of the minutes from the Plan Commission’s meeting is included in the City Council packet beginning on page 57. At the conclusion of the Plan Commission’s discussion on April 12th, the Commission directed staff to prepare a strategy and time frame for conducting a land use study of the Route 60 subarea which will consider these many aspects and preserves the area as a gateway to Lake Forest. City staff met with The Lakota Group to discuss concepts and a time frame for the study. A copy of the proposed process is included in the Council packet on page 53. The proposed process provides for the involvement of the residents of the area, the property owners, the businesses, the Plan Commission, the City Council and the community at large. Input on land uses that are needed and desired along Route 60 and the corresponding demands of those uses on public infrastructure and services will be gathered through individual interviews, small group discussions, a community visioning session and public hearings. The anticipated end product of the study will be a combination of one or more of the following: amendments to the Comprehensive Plan, preparation of guidelines for future development, and the creation of incentives to support land uses that will, over the long term, be in the best interest of the community. Recommended Action: Approve the proposal from The Lakota Group for services related to conducting a comprehensive land use study and public review process for the Route 60 Subarea in the amount not to exceed $45,564. 5. Consideration of a Recommendation from the Plan Commission for Tentative Approval of a Subdivision of Property Commonly Known as the West Half of the Conway Farms 70 Acre Parcel, Located on the South Side of Route 60, East of Conway Farms Drive. Filed by Mr. Alexander Stuart on behalf of Conway Farms PRESENTED BY SENIOR PLANNER CATHERINE CZERNIAK (615-4299) On February 9, 2000 the Plan Commission held a public hearing on a request for approval of a 58-lot subdivision. The proposed subdivision is part of a larger development proposal that involves an amendment to the existing annexation agreement, a zone change and the subdivision that was presented to the Plan Commission. In the context of the larger Route 60 area discussion, the Plan Commission was supportive of the proposed density of approximately one and a half units per acre. In an effort to indicate that support, and move the project forward, the Plan Commission voted unanimously to recommend tentative approval of the proposed subdivision to the City Council subject to several conditions of approval. One of the conditions, provided below in italics, acknowledges that the subdivision is part of a larger development proposal and recognizes that further actions by the City are needed before the subdivision can be approved. At the time the subdivision is submitted for final Plan Commission approval, amended language for the Annexation Agreement and a conceptual plan for the eastern portion of the property shall be submitted for concurrent review and approval. After reviewing the action of the Plan Commission with the City Attorney, it was determined that the City Council is not in a position to take action on the proposed subdivision at this time because such subdivision is contrary to the existing annexation agreement. An amendment to the Annexation Agreement and a zone change are required before any action on the request for subdivision can be taken. In summary, on January 4, 1999, the City Council heard a request from Mr. Stuart to allow the Plan Commission to consider an amendment to the Annexation Agreement for the 70 acre Conway Farms parcel. The City Council authorized the Plan Commission to proceed with consideration of the request, and directed the Commission to assure that in exchange for concessions from the City on the Annexation Agreement, a high quality development is proposed. In addition, the Council asked for specifics on various aspects of the development including building square footage, amount of open space to be preserved, quality of the buildings, overall site design and the proposed landscaping. The subdivision represents only one piece, and procedurally, not the necessary first step, of the overall development plan. Presently, the property is not zoned for residential development and the Annexation Agreement does not permit a residential subdivision of this property. The City Council is not in a position to take any action on the proposal in its present form. Mayor Howard Kerr, in consultation with the City Attorney, has prepared a letter to the Plan Commission outlining the necessary next steps in the development process. A copy of the letter is included in the packet beginning on page 63. Recommended Action: Remand the petition back to the Plan Commission for consideration and a recommendation on the overall development plan for the site. This consideration should be based on information gained from the Route 60 Subarea Master Plan. Upon further consideration, the Plan Commission should be directed to forward a recommendation to the City Council on whether to proceed with negotiations with Mr. Stuart on an Annexation Agreement. 6. Consideration of a Plan Commission Recommendation to Deny a Request for Approval of a Zone Change from the R-5 Zoning District to the GR-4 Zoning District and Approval of a Special Use Permit to Allow the Development of the Property Known as the Fitzmorris Trust Property with 87 Townhouses. Filed by CF Land Holdings, L.L.C. and Centrum Properties, Inc. for Property Located at 1650 Kennedy Road. (Willow Lake Development) PRESENTED BY SENIOR PLANNER CATHERINE CZERNIAK (615-4299) On April 12, 2000, the Plan Commission held a public hearing on a request for a zone change and Special Use Permit submitted by CF Land Holdings and Centrum Properties for the 22 acre Fitzmorris property. This property is located on the north side of Route 60, behind the Brunswick office building and is part of the area referred to as the Route 60 Subarea. This petition has been before the Plan Commission on several occasions and each time, the Plan Commission has struggled with various issues relating to the proposal including the appropriate uses and density for the parcel, access issues and the uncertainty with respect to uses of other properties in the surrounding area. At the April 12th meeting, the Plan Commission expressed a preference for postponing a decision on the zone change and Special Use Permit petition until information is available to allow the Commission to fully understand the long term implications of the actions being requested, both with respect to the property in question and the character and development trend in the entire Route 60 area. The Commission acknowledged that approval of the requested zone change would represent a significant action by the City, and could establish a precedent for other similar requests in the area. The Commission recognized that after further study, a development of the type proposed, or a development incorporating some of the aspects of the proposal, might be determined to be in the best interest of businesses and residents of the Route 60 area and in the best interest of the overall community. At the conclusion of the Plan Commission’s discussion, Mr. Arthur Slaven, representing Centrum Properties, requested that the Plan Commission vote on the petition. At the request of Mr. Slaven, the Plan Commission voted 3 to 2 to deny the request for a zone change and Special Use Permit. Recommended Action: Remand the request back to the Plan Commission to allow further consideration of the proposal in the context of the information that is gained through the Route 60 Subarea Master Plan. 7. Request to Ratify the Northern Suburban Special Recreation Association (NSSRA) Intergovernmental Agreement and Real Estate Purchase Agreement and Ratify Amendments to the Intergovernmental Agreement and Real Estate Purchase Agreement PRESENTED BY EXECUTIVE DIRECTOR OF RECREATION FRED JACKSON (615-4332) The Northern Suburban Special Recreation Association (NSSRA) is a Cooperative of ten Park Districts, one Village, and The City of Lake Forest. The Board of Directors has proposed an Intergovernmental Agreement in which the Northbrook Park District, a partner district, will purchase an administrative office building on behalf of NSSRA, receive payment from the NSSRA partner governing boards, and hold the property for transfer to NSSRA if and when statutory authority to own real estate is obtained from the General Assembly. NSSRA will finance this project, estimated at $1,300,000, with $600,000 from the General Assembly, $200,000 from its reserves, and $500,000 from partner governing agencies. The City of Lake Forest share is $58,295 and will be paid from the Recreation Development Fund of the Recreation Department. The Park and Recreation Board has approved the Intergovernmental Agreement and approved the amendments at their May 16 meeting. Copies of the original Intergovernmental Agreement and Real Estate Purchase Agreement and appendices, a schedule of amounts payable, and NSSRA Resolution 2001-01 adopting the amendments to the Intergovernmental Agreement and Real Estate Purchase Agreement are attached beginning on page 66. Recommended Action: 1) Ratify the Intergovernmental Agreement and Real Estate Purchase Agreement and 2) Ratify Amendments to the Intergovernmental Agreement and Real Estate Purchase Agreement. 8. Consideration of a Lease with SprintCom for Property Located at 1381 W. Kennedy Road PRESENTED BY SUPERINTENDENT OF PUBLIC WORKS MAX SLANKARD (615-4216) In July of 1997, the City Council executed a lease with PrimeCo Personal Communications for the installation of telecommunications antennas on the City’s water tower. Further, in July, 1998, the City Council executed a lease with Sprint for the same purpose. The staff has now negotiated a lease agreement with AT&T Wireless, for the lease of space on the water tower for the same purpose. The business terms of the lease are virtually identical to those contained in the previous two leases. The lease term is five years, with three renewal periods. The consideration in the lease is an annual rental payment, which is tied to an escalator that provides for a minimum of a 5% increase in rent annually. The market rate being charged to those providers exceeds that of any other such leases the staff is aware of. Attached beginning on page 105 is the proposed agreement, along with schematics of the proposed installation. The antennas will be installed on the top of the tank, which will necessitate the removal of the existing “pod”. It is the staff’s feeling that this will not create a negative aesthetic impact. Should this lease be executed, this year’s income stream to the City from the three wireless leases will amount to $110,735. As noted, this amount increases by a minimum of 5% annually. Recommended Action: Authorize the City Manager to execute the proposed lease with SprintCom. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION EXECUTIVE SESSION ADJOURNMENT Office of the City Manager May 12, 2000 The City of Lake Forest is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons. May 18, 2000 Agenda