HomeMy WebLinkAbout12/22/2005 P&Z minutes 46-05
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-46-05
Hearing Date: December 22,2005
PROPERTY ADDRESS:
401-455 S. Elmhurst Road
PETITIONERS:
SK Partners III, Limited Partnership
PUBLICATION DATE:
December 7, 2005
PIN#:
08-12-300-031,-032,-033,-034,-035,-036,-037,-038,-039,-
400,-041,-042,-043,-044-0000
REQUEST:
Conditional Use (Planned Unit Development)
MEMBERS PRESENT:
Arlene Juracek, Chair
Richard Rogers
Joseph Donnelly
Ronald Roberts
Keith Youngquist
Marlys Haaland
MEMBERS ABSENT:
Leo Floros
STAFF MEMBERS PRESENT:
Jill Baty, Planning Intern
Judith Connolly, AICP, Senior Planner
Ellen Divita, Deputy Director Community Development
Stacey Dunn, Community Development Secretary
INTERESTED PARTIES:
Robert Pugliese, Brian Garelli, Mike Pecci, Len Marianowski
Chairman Arlene Juracek called the meeting to order at 7:30 p.rn. Joseph Donnelly moved to approve the minutes
of the November 10, 2005 meeting and Keith Youngquist seconded the motion. The motion was approved 4-0,
with Marlys Haaland and Arlene Juracek abstaining. After hearing one previous case, Chairman Juracek
introduced Case No. PZ-46-05, a Conditional Use request for Planned Unit Development, at 8:02 pm. She said
that the case is Village Board final.
Judith Connolly, Senior Planner, summarized the case. The Subject Property is located on the east side of
Elmhurst Road, between Lincoln Street and Sha-Bonee Trail. The site currently contains fourteen (14) duplex
dwelling units; 28 individual units with related improvements. She stated the Subject Property is zoned R2
Attached Single-Family Residence and is bordered by the RA District to the north, east, and south, and the R2
Attached Single Family district to the west. The Subject Property was built in the 1950's and currently the units
are rental units.
Ms. Connolly stated the Petitioner is seeking approval to convert the Subject Property to a Planned Unit
Development (PUD). The PUD designation will allow the Petitioner to sell the units to individual owners, but
requires the creation of a Homeowners Association to maintain the common areas. She said the size and number
of dwelling units will not be increased, and parking spaces will be assigned to specific units. Each unit will have
2 parking spaces and the site will include 5 Guest Parking spaces. In addition, site improvements will be made
where possible.
Arlene Juracek, Chair
Planning & Zoning Commission Meeting December 22, 2005
PZ-46-05
Page 2
Ms. Connolly stated the Petitioner is requesting approval of a Conditional Use permit for a Planned Unit
Development for the existing development. This request is due to the Village Code's requirement that two or
more multi-family residential buildings may be located on the same zoning lot only as part of an approved
Planned Unit Development (PUD). The PUD process also allows for unified zoning control over the entire
development, which would require formal Village approval if any modifications to the development are proposed
in the future.
Ms. Connolly advised the Commission that the Village Attorney reviewed the proposal and determined that the
Village's Condominium Conversion regulations are not applicable for this project. The Village's regulations are
only applicable to 4 or more units and the buildings only contain 2-units. Therefore, the proposal does not have to
meet all of the Village Codes that would be applicable for a new development. Specifically, storm water
detention and fire sprinklers are not required.
Ms. Connolly reviewed the Petitioner's exhibits, which depicted the existing layout of the 28-unit development
and proposed improvements. She said the development will continue to consist of 14 buildings; each building
contains 2-units. There would be 28 townhome units created as a result of the type of ownership change. She
said each of the townhome units has a separate entrance and two surface lot parking spaces. With the exception
of Parcels 3 and 4, two units would share the already screened trash enclosure. Parcels 3 and 4 currently have their
own enclosure. There is a paved area behind the buildings that would remain and each of the units would use it as
a patio which measures 11 'xI8'.
Ms. Connolly said the development does not comply with current zoning setback requirements because several
buildings encroach into the required setbacks. The Zoning Ordinance contains provisions that allow existing
structures to remain in their current location, but the code limits how the nonconforming setback may be
increased. Therefore, the existing development may remain as it currently exists, but additions and/or
modifications, such as patios or decks would have to comply with current code requirements or obtain relief from
the Village Board. She stated this is important to note since newer townhome developments have sought relief
from code requirements as ownership has changed and new owners were not aware that the development was
limited to specific site conditions.
Ms. Connolly stated each unit includes 3-bedrooms on the second floor, a living room, kitchen, and utility area on
the first floor, and full basement. The Petitioner does not propose to modify the exterior of the buildings. She
said access to the site will not be modified. Drivers will park vehicles in the rear of the development in a surface
parking lot. The parking lot is accessed via a 2-way public alley that extends from Lincoln Street to Sha-Bonee
Trail. The Petitioner's proposal indicates that there will be two parking spaces assigned to each unit. In addition,
five Guest Parking spaces will be located at various locations to ensure an adequate distribution of the Guest
Spaces throughout the development. The Zoning Ordinance requires 2 parking spaces per unit and the
Petitioner's proposal complies with Village regulations. Ms. Connolly stated the Petitioner's landscape plan
shows that a variety of new landscaping materials will be planted primarily in the front of the development, and
new plants will be added along the side of the buildings. The existing landscaping in the rear of the development
will remain and the Petitioner does not propose to plant additional materials in this area.
Ms. Connolly further stated that the Petitioner's application indicates that there is currently 49% lot coverage for
the entire site. This amount will not change as the Petitioner does not propose to add new structures and the
development would comply with the 50% limitation for the R2 District. However, increasing the size of an
existing patio or adding a deck would increase the amount of lot coverage. Therefore, it is important that
potential owners are made aware of and understand this limitation before purchasing a unit.
Ms. Connolly summarized the standards for Conditional Uses as listed the Village Zoning Ordinance. She
reiterated the Petitioner does not propose any modifications to the buildings. The site will be enhanced with the
proposed additional landscaping and new outdoor lights. In addition, the development and the Village will
Arlene Juracek, Chair
Planning & Zoning Commission Meeting December 22, 2005
PZ-46-05
Page 3
benefit by having a Homeowner's Association established to maintain the common areas. She said the proposal
would not adversely affect the character of the surrounding neighborhood, utility provision, or public streets.
Also, the proposed Conditional Use will be in compliance with the Village's Comprehensive Plan and Zoning
Ordinance.
Ms Connolly said the proposed Conditional Use meets the standards as listed in the Zoning Ordinance. Based on
these findings, Staff recommends that the Planning & Zoning Commission approve the following motion:
"To approve a Conditional Use permit for a Planned Unit Development at 401-455 S. Elmhurst Road subject to
the following conditions:
1. The Subject Property will not be improved (structures added, building foot print increased, etc.) except as
shown on the attached site plan prepared by Edward J. Molloy & Associates, date stamped December 8, 2005;
2. Prior to Village Board review, the Petitioner shall submit to staff a fact sheet that details what prospective
owners mayor may not construct on the outside of the residential units. This fact sheet must be provided to
all purchasers prior to closing on each unit.
3. Prior to Village Board review, the Petitioner shall submit a revised lighting spec sheet that shows the
proposed outdoor lights will be full cut-off fixtures and have a flat lens; and
4. Prior to Village Board review, the Petitioner shall revise the Association documents to include text that
prohibits dissolving the Association; Staff review and approval is required to ensure the proposed
Homeowners Association will maintain the Subject Property for the duration of the existing development."
Ms. Connolly said the Petitioner had submitted revised exhibits since the Staff Report was mailed. She said that
the Village Attorney was reviewing the Fact Sheet, Condition #2, and the Association Documents, Condition #4.
However, the revised parking lot lighting plan, Condition #3, complies with Village Code. She summarized the
case and stated that
. The Petitioner is seeking Conditional Use approval for a Planned Unit Development;
. Consequently, an association will be created that cannot be dissolved unless the VB authorizes it;
. The footprint of the buildings will not be changed;
. Sheds cannot be built and patios cannot be enlarged;
. Parking spaces will be assigned, 2 spaces per unit and 5 Guest Spaces to be shared;
. Additional landscaping will be added to the site and the association will maintain it; and
. Each new or potential owner will receive a fact sheet that states the limitations for structural
modifications, parking, fences, shed, and patios to minimize any miscommunication.
She said the Village Board's decision is final for this case, 401-455 S. Elmhurst Road, Case No. PZ-46-05.
Chairperson Juracek asked Staff about a document submitted as part of the Petitioner's application addressing
Zoning Ordinance compliance issues regarding screening and parking issues. She asked if Staff had reviewed
these documents and if the issues were addressed adequately. Ms. Connolly said Staff had reviewed the
Petitioner's application regarding the noncompliant zoning issues, but found the situations met the Zoning
Ordinance's provisions for legal nonconforming structures and that Variations were not needed. There was
discussion concerning granting Variations and how Variation runs with the land. If Variations were granted, and
the site was ever redeveloped, the Variations would be applicable to the new development. In this case, if the site
were ever redeveloped, the new development would have to meet current Village regulations. There were no
further questions for staff.
At the direction of Chair Juracek, Robert Pugliese, 115 S. LaSalle St, Chicago, Illinois and owner representatives
Brian Garelli, 340 W. Butterfield Rd, Elmhurst, Illinois and Mike Caldwell 100 East State Parkway, Schaumburg,
Illinois were sworn in. Mr. Pugliese thanked Staff for their comprehensive report. He stated he would like to
Arlene Juracek, Chair
Planning & Zoning Commission Meeting December 22, 2005
PZ-46-05
Page 4
highlight some of the positive aspects this Planned Unit Development would bring to the Village. He pointed out
that individual ownership, with the assistance of an Association, would ensure prolonged maintenance and care of
the properties. He also stated that the Association is perpetual and could not be dissolved without approval from
the Village Board. Mr. Pugliese stated initial response from neighbors has been positive and they look forward to
the Association joining the neighborhood. He clarified that the initial Association documents did mention the
potential of outdoor storage sheds, but that this verbiage is being removed from the documents. He summarized
by stating that the changes are being made for the good of the development, the neighborhood and the Village.
Joseph Donnelly asked if the units are being renovated or will be sold as-is. Mr. Pugliese stated that many
interior improvements have been made in the past several years, and as the engineering report states, external
improvements will be limited to landscaping and parking lot lighting. No other improvements are anticipated at
this time.
Keith Youngquist inquired as to the average selling price of the units. Brian Garelli replied that the units would
sell from $219,000 to the high two hundred thousand dollar range. Mr. Youngquist questioned what determined
range in the asking price. Mr. Garelli stated that both location and condition of the units were determining factors
in the price.
Richard Rogers said he had questions regarding the landscaping plans for the development. He said he was
concerned that much of the planned landscaping is not permanent in nature and annual maintenance or
replacement would fall on the responsibility of the unit owner. Mr. Pugliese replied that landscaping would be
maintained and replaced by the Association. Mr. Rogers repeated his concern for the lack of permanent
landscaping. Mr. Pugliese stated he would address Mr. Rogers' concerns with the landscape architect and assured
the Commission that the Association will be responsible for maintenance of the Townhomes.
Chairperson Juracek asked whether the Association will have the budget to maintain the properties. Mr. Pugliese
reiterated that the Association would maintain and enforce up-keep of the landscaping. Mr. Youngquist stated
that he supports the concept and that the Planned Unit Development is bringing viable, mid-priced Townhomes to
Mount Prospect. There were no further questions from the Commission.
Chairperson Juracek then swore in resident Len Marianowski, 507 S. Elmhurst Road, Mount Prospect, Illinois.
Mr. Marianowski stated that he has been in the neighborhood for eighteen years and supports the request. He
agreed that it provides a much needed affordable level of housing to incoming residents.
Chairperson Juracek swore in resident Mike Pecci, 413 S. Elmhurst Road, Mount Prospect, Illinois. Mr. Pecci
intends to purchase the unit he currently resides in. He came to the hearing to address some concerns regarding
parking, property lines, maintenance and common sewer lines. He stated that the current parking layout would
not satisfy the needs of residents. Mr. Pugliese stated that each unit will have two parking spaces and the
Association would enforce parking compliance. He stated that the asphalt pavement will not be changed, but the
parking spaces will be re-striped. Mr. Pecci also questioned if each lot is going to be divided into separate
parcels. Mr. Pugliese stated that each lot would be divided into two equal parcels, with private backyards. Mr.
Pecci was concerned with maintenance of the Townhomes, as past maintenance issues were not addressed in a
timely manner. Mr. Pugliese stated that maintenance would be handled and enforced by the new Association.
Mr. Pecci's final concern was the common sewer pipe for each building that runs through one unit's basement.
He asked who would be responsible for repair should a sewer pipe break. Mr. Pugliese stated that the sewer lines
are considered a common area so the Association should cover repair, but the issue will be reviewed by the
Association council to verify this.
Richard Rogers and Chairperson Juracek again stated that they agree with the formation of the Association, but
would like to see additional plans for more permanent landscaping.
Arlene Juracek, Chair
Planning & Zoning Commission Meeting December 22, 2005
PZ-46-05
Page 5
Chairperson Juracek asked if there were any further questions. Hearing none, the hearing was closed at 8:44 pm.
Richard Rogers made a motion to approve the requested Conditional Use as submitted by the Petitioner, at 401-
455 S. Elmhurst Road, Case PZ-46-05, with the conditions of approval listed in the Staff Report and that another
condition of approval be added: The Petitioner shall add more permanent landscaping, including doubling the
amount of trees, and varying the species. Joseph Donnelly seconded the motion
UPON ROLL CALL:
AYES: Donnelly, Haaland, Roberts, Youngquist, Rogers and Juracek
NAYS: None
Motion was approved 6-0.
After hearing 2 additional cases, Richard Rogers made a motion to adjourn at 9:09 pm, seconded by Joseph
Donnelly. The motion was approved by a voice vote and the meeting was adjourned.
Stacey Dunn, Community Development Secretary
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