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HomeMy WebLinkAbout04/27/2006 P&Z minutes 09-06 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-09-06 Hearing Date: April 27, 2006 PROPERTY ADDRESS: I - 17 S. Emerson Street PETITIONERS: Founders Row, LLC. PUBLICATION DATE: Not required; signs posted on-site April 12, 2006 PIN#: 08-12-104-001, -002,-003, -021 REQUESTS: Plat of Resubdivision (create 3 lots of record) MEMBERS PRESENT: Chair Arlene Juracek Joseph Donnelly Leo Floros Marlys Haaland Richard Rogers Ronald Roberts Keith Youngquist STAFF MEMBERS PRESENT: Judith Connolly, AICP, Senior Planner Jason Zawila, Long Range Planner INTERESTED PARTIES: Christina Kuttzlot, Jennifer Tammen, Steve Massutta. Chairperson Arlene Juracek called the meeting to order at 7:30 p.m. Richard Rogers moved to approve the minutes of the February 23,2006 meeting and Joseph Donnelly seconded the motion. The motion was approved 6-0; Ronald Roberts abstained from the vote. Chair Juracek informed the Commission that the Petitioners for cases PZ-40-05, PZ-05-06, and PZ-06-06 requested their cases be continued. Richard Rogers motioned to continue the three cases to the May 25, 2006 Planning and Zoning Meeting; Joseph Donnelly seconded the motion. The motion was approved 7-0. At 7:32 p.m., Chairperson Juracek introduced Case No. PZ-09-06; a request for a Plat of Resubdivision, creating three lots of record. Judith Connolly, Senior Planner, summarized the case. She stated that the Subject Property is located on the east side of Emerson Street, between Central Road and Busse A venue. The site is currently under construction for the approved Founders Row rowhome development. She said the development will contain 2 buildings; each has 7 units for a total of 14 dwelling units, and detached garages with access from a private drive along the rear lot line. The Subject Property is zoned B5 Central Commercial and is bordered by the B5C District to the west, RA Single Family District to the north and east, and RI Single Family District to the south. Ms. Connolly stated that the Petitioner would like to modify the existing lot lines to create three lots of record. Currently, the Subject Property consists of four lots of record and the new lot lines would mirror the approved development: one lot of record for the private drive, and one lot of record for each building. She said the B5 zoning district does not have minimum lot sizes and each lot is a different size. She stated that the plat also includes the Emerson Street right-of-way dedication that was required as part of the zoning approval. In addition, the plat denotes the storm water detention location. Ms. Connolly said that the Petitioner seeks to create three lots of record by resubdividing the Subject Property. She said the proposed plat was prepared in response to the zoning approval granted for the row home development, Case number PZ-02-05 approved March I, 2005. She stated that the Engineering Division Arlene Juracek, Chair Planning & Zoning Commission Meeting April 27, 2006 PZ-09-06 Page 2 reviewed the plat and had no objections to the resubdivision. The Engineering Division found that the plat was prepared in accordance with Village Codes. Ms. Connolly said the proposed Plat of Resubdivision was prepared in accordance with Village Codes. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve the Founders Row Plat of Subdivision to create a 3-10t subdivision as shown on the Petitioner's plat for 1-17 S. Emerson Street, Case No. PZ-09-06." She stated that the Village Board's decision is final for this case. The Commissioners asked Staff questions concerning site maintenance, specifically how the private drive would be maintained and why it was made a separate lot of record. Ms. Connolly said the association would maintain the driveway and deferred the question of the purpose of the proposed configuration to the Petitioner. Steve Massutta, in-house counsel for Norwood Builders 7458 N. Harlem Ave., Chicago, IL 60631, was sworn in. Mr. Massutta clarified that the development was a townhome development, which required a separate common area. He explained that the long term goal was to eliminate access from Emerson Street once the Village of Mount Prospect acquired the two residences. The site would then be reconfigured to eliminate the driveway from Emerson Street, and 10' of it would be deeded to the Village in exchange for extending the private drive along the east lot line and having access from Central Road and Busse Avenue. Mr. Massutta added that the driveway includes easements to ensure access to the site, but the easements would be eliminated subject to the driveway access being eliminated. The Commission discussed the Village selling and or trading the land to modify the private drive. It was noted that the private drive and Emerson Street driveway were designed to accommodate storm water detention. The Commission discussed in detail how the site could be subdivided in a different configuration that would not create a separate lot of record for the private drive. Mr. Massutta explained that a separate lot of record for the common area was required because it was a townhome development and was required to have its own PIN. The Commission asked why the area of grass between the buildings could not be designated as the common area and stated concerns that Lot 3, the private drive could be sold at a tax sale at some point in the future. Mr. Massutta replied that the lot was not desirable as it was designed to accommodate a portion of the storm water detention. The Commission discussed various configurations for the resubdivision. One Commissioner stated his concern that access from Emerson could be eliminated; the Petitioner said the easements would prevent that situation. After further discussion concerning Lot 3 being sold independent of the other lots, Ms. Connolly reminded the Commission that the site was governed by a specific site plan as it was a Planned Unit development. She said the site could not be redeveloped unless it went through the zoning process to amend the approved PUD, which included appearing before the Planning & Zoning Commission and obtaining Village Board approval. There was further discussion regarding modification to the proposed plat to reconfigure the lots in a different manner. Jennifer Tammen, Norwood Builders 7458 N. Harlem Ave., Chicago, IL 60631, was sworn in. Ms. Tammen clarified some of Commission's questions for Mr. Massutta. In response, Mr. Massutta reiterated that the common area is required to be a separate lot of record and to have its own PIN. The Commission inquired how previous townhome developments were subdivided; Staff could not confirm the details of the previously approved projects at the time. There was additional discussion on whether the laws had changed since the other developments had been approved and whether the number of units dictated a different set of requirements. Arlene Juracek, Chair Planning & Zoning Commission Meeting April 27, 2006 PZ-09-06 Page 3 Chair Juracek reminded Mr. Massutta that he was under oath and asked him to confirm that it is his understanding that a separate PIN is required for this type of development. Mr. Massutta replied that the law firm of Levenfeld Pearlstein confirmed that a separate PIN was required for this type of development and that the plat was configured with consideration for the Village's long-term plan to incorporate the existing dwelling units with the townhome site. Mr. Donnelly asked Mr. Massutta to confirm that the plat would be revised if it is determined the plat should have been done differently; Mr. Massutta said yes. Chairperson Juracek called for additional comments. Hearing none, the public hearing was closed at 8:05 pm. Richard Rogers made a motion to approve the Founders Row Plat of Subdivision to create a 3-1ot subdivision as shown on the Petitioner's plat for 1-17 S. Emerson Street, Case No. PZ-09-06; Joseph Donnelly seconded the motion. UPON ROLL CALL: A YES: Donnelly, Floros, Haaland, Roberts, Rogers, Youngquist, and Juracek NAYS: None Motion was approved 7-0. After hearing one additional case, Joseph Donnelly made a motion to adjourn at 8: 17 pm, seconded by Marlys Haaland. The motion was approved by a voice vote and the meeting was adjourned. ~~ ommunity Development Secretary H:\PLAN\Planning & Zoning COMM\P&Z 2006\Minutes\PZ-09-06 1-17 S. Emerson.doc