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HomeMy WebLinkAbout04/28/2005 P&Z minutes 50-04 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO.PZ-50-04 Hearing Date: April 28, 2005 PROPERTY ADDRESS: 1510-1534 River West Court PETITIONER: Billy Bob Marketing, LLC (Contract Purchaser) PROPERTY OWNER: Sparks & Associates, Inc. 4700 Arbor Drive, Suite 101 Rolling Meadows, IL 60008 PUBLICA TION DATE: February 9, 2005 PIN#: 03-24-416-004-0000 REQUEST: Petitioner is seeking approval to convert the existing rental apartments to condominium ownership. MEMBERS PRESENT: Chair Arlene Juracek Joseph Donnelly Leo F10ros Marlys Haaland Ronald Roberts Richard Rogers Matt Sledz Keith Youngquist MEMBERS ABSENT: None STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Ellen Divita, Deputy Director, Community Development INTERESTED PARTIES: J. E. Mulh Mike Sparks Chairperson Arlene Juracek called the meeting to order at 7:30 p.m. Richard Rogers moved to approve the minutes of the March 24, 2005 meeting and Leo Floros seconded the motion. The motion was approved 5-0 with abstentions by Chair Arlene Juracek, Richard Rogers and Keith Youngquist. Under Old Business, Ms. Juracek introduced Case No. PZ-50-04, a request to convert the existing rental apartments to condominium ownership, and other relief from the Village Code as may be required for the proposed condo conversion. She said that this case would be Village Board Final. Judy Connolly, Senior Planner, summarized the request. The Subject Property is located on the west side of River Road, between Seminole Lane and Camp McDonald Road. The site contains the River West Apartment Complex, which consists of 10 buildings, 60 units total. The apartment complex was built in the late 1980s/early 1990s in accordance with a Court ordered Consent Decree and is zoned R4 Multi-Family Development. The Subject Property is bordered by the R1 District to the north and west, the B3 Community Shopping District to the south, and to the east by the Cook County Forest Preserve. The Development Code requires existing developments being converted to condominiums to be considered a new development, and required to meet current Village regulations. The Petitioner's exhibits specify the proposed improvements, which include, but are not limited to: Planning & Zoning Commission Arlene Juracek, Chairperson PZ-50-04 Page 2 Increasing the amount of storm water detention to comply with current code requirements; installing fire sprinklers and fire alarms as required by current code requirements; and repairing the parking lot, private sidewalks, and balconies as needed to comply with current code requirements. It is important to note that the Petitioner is not seeking relief from any Village Codes. Also, the Petitioner has started the building permit application process to obtain permits required to improve the Subject Property. Although the Petitioner submitted Preliminary and Final Property Reports, the Final Property report needs to be revised to: 1) reflect the correct water supply and sewer service, 2) explain the final storm water detention design, and 3) include the November 30, 2001 Letter of Map Amendment (LaMA) information from FEMA. The correspondence from the Petitioner provides details on changes to the property report. Furthermore, the Village Attorney has to review and approve the Final Property Report. Current zoning regulations require 2 parking spaces per unit. In this case, 120 parking spaces are required. The Subject Property exceeds this requirement and includes 123 parking spaces. The Petitioner's exhibit documents that there are 93 surface spaces and 30 garage spaces. The Petitioner's landscape plan documents the existing landscaping. The landscape plan indicates that the area between the garages and the adjacent single-family residences does not include or call for landscaping. Staff conducted a site inspection and noted that the adjacent property owners have bushes, fences, and other materials that screen the rear lot line. Staff researched the River West development file and found that the Village approved the development without landscaping in this area. The file includes documentation from a landscape architect stating that the dense shade limits the viability of plant growth. The Petitioner is not seeking relief from current storm water detention requirements and has submitted preliminary engineering plans. The Petitioner's Engineer has met with the Village Engineer and Project Engineer and is working with them to document that the final design will comply with current Village Code requirements. Staff has included the Petitioner's latest proposal, however, the plan was submitted late and Staff cannot confirm at this time that the proposed design complies with Village regulations. A comprehensive review will be done when the Petitioner applies for a building permit. Please note that if the proposed design does not comply with Village regulations, the Petitioner will have to modify the design to meet Village Code requirements. The alternative is to apply for a Development Code exception, which requires P&Z review and final approval from the Village Board. A streetlight and sidewalk covenant was recorded when the property was originally developed. The covenant is in place for 20 years and guarantees that the property owner pays his/her fair share of the cost to install streetlights and sidewalks in the public right-of-way. Since River Road is an mOT right-of-way, the decision to make the public improvements is subject to mOT approval. The covenant runs with the Subject Property and it has approximately 10 years remaining. The covenant requires the Property Owner at the time the improvements are being made to pay for the improvements. In an effort to minimize costs and confusion for the future condominium association, the Village Attorney recommends that the Petitioner obtain estimates for the improvements and escrow the funds as part of the requested conversion. The funds would be refunded to the Petitioner should the covenant expire without the improvements being made. The Subject Property was developed in accordance with a 1980 Court ordered Consent pecree, Further relief from zoning regulations is not required at this time because the Decree included specific development requirements for setbacks and density. The proposed condo conversion was prepared in accordance with Village regulations and the Petitioner is not seeking relief from Village Codes. The proposed improvements document that the Petitioner will comply with all Village Codes for, but not limited to providing parking lot lighting, installing a fire suppression and detection system, and meeting Life Safety requirements. The conversion would benefit the community and bring the property up to current code requirements. Based on these findings, Staff recommends that the Planning & Zoning Planning & Zoning Commission Arlene Juracek, Chairperson PZ-50-04 Page 3 Commission recommend that the Village Board approve a condominium converSIOn for the River West Apartment Complex at 1510-1534 River West Court subject to: 1) Prior to Village Board review, the Petitioner shall obtain estimates to install streetlights and sidewalks in the public right-of-way (River Road) and escrow funds for the proposed improvements; 2) Completing the Condominium Conversion Plat Procedures as outlined in the Village's Subdivision Code (Section 15.307.B); 3) Submitting a Final Property Report as required by Village Code for the Village Attorney's review and approval; 4) Prior to obtaining the first Certificate of Occupancy, the Petitioner must submit homeowner's association documents for Staff review and approval; and 5) The Petitioner shall improve all units, common areas, and the Subject Property according to all Village Codes and regulations, including, but not limited to: installing a fire suppression and detection system, meeting current Building Code requirements, and complying with current storm water detention requirements. P&Z Commissioners determined that the proposal was in compliance with all Village Codes and had sufficient parking for residents and visitors. Chair Arlene Juracek asked the Petitioner to address the Commission. Mike Sparks, President of Sparks and Associates, 14 E. Evelin, Arlington Heights, was sworn in. He said he represented the owner of the River West property. He said they have been doing condo conversions since 1974. They have worked diligently with staff to bring the property up to Code for conversion on these ll-year-old buildings. The units will be priced at $180,000 - 200,000. There are (10) 2-Bedroom/l bath and the rest of the units are 2-Bedroom/2-baths. They have a rent-to-own program for their current renters, where part of the rent goes to the purchase price, using the Ameri-Dream Program. Richard Rogers asked if they had made adequate provisions for stormwater detention provisions, given that the Forest Preserves and the Des Plaines River are across the Road from the complex. Mr. Sparks said they had lowered the parking lot sufficiently to hold the water as required by Village Code. The engineering information will be included in the property report. Ronald Roberts complimented Mr. Sparks on his programs that help the community in home ownership. Mr. Sparks said the previous owner had maintained the property to the degree that not much reconstruction needed to be done. Ms. Juracek asked if members ofthe audience had come to address the Commission on this case. Roger Van Dyke was sworn in and said he was curious about using a parking lot for detention. He said he had not seen that before and wondered how the design worked. Keith Youngquist explained that it is a common design, most notably used by the big box stores. He said the parking lots essentially become detention ponds. Mr. Sparks explained the lot will have drains and when the river goes down the parking lot water will go down. Mr. Van Dyke thanked them for the explanation. There were no more questions from the audience and Ms. Juracek closed the Public Hearing. Richard Rogers made a motion to recommend approval to convert the existing rental apartments to condominium ownership with the recommendations listed in the Staff Report, emphasizing the need to comply with storm water detention requirements, at 1510-1534 River West Court, Case No. PZ-50-04. Joseph Donnelly seconded the motion. Planning & Zoning Commission Arlene Juracek, Chairperson PZ-50-04 Page 4 UPON ROLL CALL: AYES: Donnelly, Floros, Roberts, Rogers, Sledz, Youngquist and Juracek NAYS: None Motion was approved 7-0. Joe Donnelly made a motion to adjourn at midnight, seconded by Richard Rogers. The motion was approved by a voice vote and the meeting was adjourned. Judy Connolly, AICP, Senior Planner C\Documents and Settings\kdewis\Local Settings\Temporary Internet Files\OLK2\PZ-50-04 River West Condo Conversion.doc