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HomeMy WebLinkAboutPLAN COMMISSION - 11/18/1992 - MEADOW GROVE APTS/AMEND SPEC USE ELK GROVE VILLAGE PLAN COMMISSION MINUTES November 18, 1992 Present: John R. Glass, Chairman Fred Geinosky, Secretary Tom Parker Paul Ayers Pat Feichter George Mullen Absent: Charles Henrici David Paliganoff John Meyers Staff: Renee M. Farrell , Administrative Assistant Earl Kracht, Plan Reviewer George Knickerbocker, Village Attorney Petitioners: David Reifman, Rudnick & Wolfe Robert Edminson, Assistant Vice President, Inland Bert Bittourne, Assistant Counselor, Inland Hal Franke, Rudnick & Wolfe Chairman Glass called the meeting to order at 8:10 p.m. Item A: Amendment to Special Use Permit - Meadow Grove Apartments Docket 92-6 Secretary Geinosky swore in the petitioners. Reifman stated that the amendment to the Special Use Permit will allow a subdivision of the property while maintaining the same land use that currently exists under the planned unit development. Reifman submitted eight exhibits for the record as follows: 1. Requirements of notice posting 2. Photos of public hearing sign on the site 3. Title of ownership 4. Trust Agreement 5. Petition for Amendment to Special Use Permit 6. Declaration of Covenants 7. Plat of Survey 8. Plat of Subdivision Reifman stated that there currently exists seven(7) apartment buildings each containing twelve(12) units on the four(4) acre site. Reifman further explained that the subdivision would result in dividing each building, into half so that each building half would exist on its own lot. Each building half would be separated by a Plan Commis Minutes November 18, 1992 Page 2 common party wall and contain six(6) rental units. An additional lot is subdivided as an outlot to be maintained as a common area among the fourteen(14) lots. Reifman explained that an amendment to the Special Use Permit for the site is necessary to avoid the violations to the bulk regulations of the zoning ordinance that would occur as a result of the subdivision. Reifman stated that the three(3) variations are being requested from the subdivision control ordinance and are as follows: - a variation to allow access to the buildings by means of the common area; - a variation to allow the existing water service lines to remain in place; and - a variation to allow the existing shut off valves to remain in place. Reifman explained that the Declaration of Covenants creates a Property Owner's Association that mandates membership by all owners. The Association's primary function is to ensure the maintenance of all common area and buildings. Furthermore, the Village has the right to enforce the terms of the Covenants. In addition, the revised Declaration of Covenants includes the Property Owner's Association's responsibility for payment of all water bills. Commissioner Parker inquired how ownership of the individual lots will be established. Reifman stated that the lots will be marketed to third parties. The common area will be owned by the Association. The current owner will remain as such until all the lots are sold. Commissioner Ayers stated for the record that he is a licensed real estate agent and feels that there is no conflict of interest by voting on the proposal . Commissioner Ayers questioned the age of the building. Edminson stated the building was fifteen(15) years of age. Commissioner Ayers inquired about the condition of the driveways. Edminson stated that Inland plans to repair the driveways next spring. Commissioner Ayers expressed concern regarding hardship caused by special assessments levied against owners. Commissioner Ayers also expressed concern if the needed capital improvements would be performed under the Covenants. Plan CommisOn Minutes • November 18, 1992 Page 3 Edminson stated that a portion of the monthly assessments paid by the owner will be placed in a capital reserve account for major repairs to the common area and buildings. Commissioner Ayers questioned if any of the leases would be submitted to the Association for review. Reifman stated there was no need for that kind of action. The current rental system will be regulated under the Covenants. Commissioner Ayers questioned if a Property Manager would be on site. Reifman stated that the Declaration of Covenants could accommodate that provision if necessary. Commissioner Ayers questioned the amount of criminal activity in complex. Edminson stated that there have not been problems with active criminal activity in the past. Chairman Glass asked the Village Attorney to explain the details of the Carol Square subdivision. Knickerbocker stated that the Carol Square subdivision occurred without Village consent and that the Village has no lien rights to ensure maintenance of the property. Knickerbocker further explained that Carol Square worked with the Village after the fact to organize their operations. In addition, if maintenance were a problem at Carol Square the Village would issue housing maintenance citations before actually performing any repairs. Commissioner Mullen questioned if Inland has future plans to market individual units for ownership. Edminson stated that currently there are no plans for unit ownership. Edminson further stated that such action would require amending the Declaration of Covenants and require necessary action under the Village ordinance governing condominium conversions. Commissioner Feichter questioned if there have been problems with multiple ownership of an apartment complex in the past. Edminson stated they have had positive experiences and would carefully screen all potential owners. Commissioner Geinosky asked the petitioner to define a party wall . Reifman stated that the party wall is a wall shared by two different property owners. Commissioner Geinosky asked the petitioner on the provision of knox boxes for the buildings. Reifman stated that they plan to provide a knox box security device for each building. Chairman Glass asked the Village Attorney to explain the provisions of the condominium conversion ordinance. Knickerbocker stated that under the ordinance the Village would inspect the buildings to ensure conformance to Village codes before marketing the units for ownership. Pian Commisa Minutes • November 18, 1992 Page 4 Chairman Glass questioned if there is assigned parking. Edminson stated that parking occurs on a first come first service basis. Chairman Glass called for a ten(10) minute recess at 9:15 p.m. At 9.25 p.m. the meeting reconvened. Chairman Glass questioned the need for Section 12.09 of the Declaration of Covenants since the Association will be paying all water bills. Knickerbocker stated that the provision should remain to allow for future means of separate meters if necessary. Knickerbocker suggested to contain a provision in the amendment requiring the developer to repair the driveways on the site at their expense. Knickerbocker questioned if the price of the lots will be negotiated. Edminson stated that prices are fairly set and not negotiated. Chairman Glass asked if the audience had any questions. Since there were no audience comments Chairman Glass closed the public hearing at 9:35 p.m. After further deliberation, the Plan Commission voted to recommend the Village Board to approve the following: 1. Grant the amendment to Ordinance 1195 conditional upon the improvements to driveways performed by the current owner at their own expense. 2. Approve the Plat of Subdivision and Declaration of Covenants. 3. Grant a variation from Section 8-12B-1-lAl of the Municipal Code to permit the existing street access to the property. 4. Grant a variation from Section 8-128-1-205 of the Municipal Code to permit the existing water service lines to the individual lots. 5. Grant a variation from Section 7-2-3-D of the Municipal Code to permit the existing shut off valves on the property. Upon voting, five(5) AYES were counted with one(1) NAY from Ayers (Henrici, Paliganoff, Meyers ABSENT). Plan Commis Minutes November 18, 1992 Page 5 Adjournment: Commissioner Mullen made a motion to adjourn the meeting. Commissioner Geinosky seconded the motion. Upon voting, all AYES, Chairman Glass adjourned the meeting at 9:46 p.m. Respectfully submitted, - -M. 1AAA Renee M. Farrell Administrative Assistant el 12-1-92 C: Chairman and Members of Plan Commission, ZBA Chairman, Village President, Board of Trustees, Village Clerk, Village Manager, Assistant Village Manager, Administrative Assistant, Administrative Intern, Director of E/CD, Director of Public Works, Fire Chief, Deputy Fire Chief, Village Attorney