Burr Ridge Impact Fees Challenged

BURR RIDGE, IL — A Burr Ridge developer continues to push for a waiver from nearly $250,000 in impact fees, saying the company will help the village by developing "an unattractive and flood-prone lot." The village board rejected such a request in December.

The developer's lawyer, Bob Minetz, said the fees are invalid because they are not "uniquely attributable" to the construction of the planned eight-lot subdivision. Named Cottages on Drew, the development would be at the southwest corner of 79th Street and Drew Avenue.

"If this developer does not proceed because of the exorbitant fees, the village will be left with an unattractive and flood-prone lot and no benefits from the real estate tax payments from future homeowners," Minetz, who represents Burr Ridge-based Jarper Properties, said in a Jan. 28 letter. "The project will provide, among other benefits, an increase in stormwater runoff capacity, improved stormwater volume management and will restore the natural area back to a visually attractive and managed open space."

Converting this property from an unattractive lot to a "high-class" development, Minetz said, would cost a lot of money for engineering plans and construction. The village should consider such expenses when it decides on "exorbitant" fees, he said.

Minetz's letter to the village was obtained by Patch through an open records request. In it, the lawyer said the $55,000 in school impact fees are invalid. The village calculated each house as having four bedrooms, but each one will be custom-built, with the homeowner choosing the bedroom count, Minetz said.

Besides, the layout site is designed to minimize outside maintenance, so there would be limited yard space for families with children, Minetz said.

He also said the developer has considered, but not yet determined, restricting the subdivision to residents 55 and older.

"The developer fully anticipates the homes will be purchased by empty-nester households. Therefore, once fully built out, the area will have little to no impact on local schools," Minetz said.

Jarper Properties opposes nearly all the $118,000 in fees for streets and sidewalks. The payments, Minetz said, would be for improvements the village will likely never carry out and be used for other areas of town.

"It is unjust to require funds for improvements that are based on the surrounding streets yet will be used elsewhere," Minetz said.

Minetz also disputed $73,000 in impact fees for parks. Much of the development, he said, would be open space — a forest preserve-like setting for the residents of the proposed development and those living nearby, he said. And taxpayers would not be required to maintain this open space, he said.

As the developer noted throughout the letter, the community would benefit from the property taxes paid by the subdivision's residents.

While the developer says the circumstances are unique, trustees appear to have remained unpersuaded.

In December, board member Guy Franzese agreed the Cottages on Drew situation would be unique, but said that was the case with every development. He said all previous subdivisions, with the exception of one, have had to pay fees. The sidewalk and road fees, he said, could pay for projects elsewhere in town, which has been the case with other subdivisions.

"The sidewalk on the north side of 79th was built with funds from other developments in the village, far away from this subdivision," Franzese told the developer. "Your residents will benefit from fees collected by other developments."

The village board plans to meet Monday, but its agenda does not include an item to reconsider the development's fees.