Planning and Zoning Commission recommends change to allow subdivision of lots fronting private streets

The Bunker Hill Village Planning and Zoning Commission voted 4-0 on Jan. 27 to recommend that City Council approve an amendment to Section 14-7(B)(7) of the city's subdivision ordinance to allow subdivision of lots that would result in parcels adjacent to private streets.

The amendment was prompted by a property-owner request concerning 11821 Chapelwood Lane, which had been three separate lots prior to a 2009 platting that combined them. Staff and commissioners said the 2014 subdivision ordinance prevented subdividing lots that face private streets without converting the streets to public ownership and acceptance by the city.

"The intent is to separate the subdividing of a lot from private street construction," Public Works Director Elvin Hernandez said, adding the draft change would apply only to private streets and would not convert public streets into private ones. Councilmember Brown, speaking about the ordinance's history, said the earlier restriction was intended to "strongly encourage" property owners to convert private streets to public streets.

Chair Bill Going opened the required public hearing; no members of the public spoke. After discussion and a clarification from staff about unintended consequences, Commissioner Billy Murphy moved and Commissioner John Gillette seconded a motion to recommend approval of the ordinance to City Council, subject to grammatical corrections. The motion carried 4-0.

The draft ordinance includes standard severability language and a penalty provision that sets a fine of up to $2,000 per day for each violation. The commission's action is a recommendation to the City Council; final adoption and any changes to penalty language remain with the council. Staff and the city attorney will incorporate the commission's feedback into a final redline prior to the council hearing.