New Roscoe trustees rescind approval of Hawks Pointe multi-family plat
Hawks Pointe Plat 5's approval is still in effect, but the rest of the Townhomes of White Oak is on hold now.
At the May 2, 2023 Village of Roscoe board meeting, every item on the agenda was approved unanimously, except the final one: when the board voted to rescind their approval of the final subdivision plan for Hawks Pointe Plat 6. Plat 6 would be the main part of the proposed multi-family townhome development off Roscoe Road and Old River Road.
Three incumbent board members were defeated in the recent election, leaving only two supporters of the development on the Board. The vote to rescind was 4-2. Plat 6 still has tentative approval but no longer final approval. The final approval of Plat 5 was not rescinded by the vote. But with only part of the development approved, its future is in doubt.
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Along with Plat 5, the tentative Plat 6 is owned by Josh Petry, who wants to build a multi-family townhome development off Roscoe Road and Old River Road, called the Townhomes of White Oak. The property is near the Denali Heights subdivision, which was developed by Jeff Petry, the father of Josh Petry. The older Petry is not involved in the Townhomes of White Oak.
Rockton-Roscoe News has asked the Village of Roscoe for copies of both plats, which show the proposed townhome development.
Cornfield to townhomes?
Despite overwhelming objections by Hawks Pointe neighbors, the Village Board voted several times to approve the development. On Apr. 5, 2022, they voted to rezone the proposed Plat 5 of Hawks Pointe Subdivision from the CG: General Commercial District to the RM: Multi-Family Residential District. At the time, trustees Stacy Mallicoat, Justin Plock, and Anthony Keene voted in favor of rezoning, while trustees Sue Petty, Michael Dunn and Carol Gustafson voted against it. Then-Village President Mark Szula broke the tie to rezone the property, which has been a cornfield until now.
The proposed multi-family development in the Hawks Pointe subdivision became one of the most contentious issues of the past year. It prompted Hawks Pointe residents Michael Wright and William Babcock to run for the Village of Roscoe board. Trustee Carol Gustafson, now Village President, also opposed the Townhomes of White Oak. With Michael Sima, all four ran as a ticket in the April 4 election and won.
Hawks Pointe Plat 5 had received final approval on December 6, 2022. Plat 6 was tentatively approved at the same meeting. But it didn't receive final approval until Apr. 18, 2023, after the election. This time, the vote was 5-1, with even Sue Petty voting to approve it. Gustafson was the lone holdout. It was the final board meeting for Village President Mark Szula and trustees Mike Dunn and Anthony Keene, who had lost their bids for reelection.
Reconsider and rescind?
According to Robert's Rules of Order, a vote can be reversed under certain circumstances, such as when a board received new information. One requirement: only someone who voted on the "prevailing side" is allowed to make the motion to change the decision, and only if it's not too late to undo it.
Since Sue Petty had voted to approve Plat 6 on Apr. 18, that put her on the prevailing side, and she moved that the board rescind their approval.
Evidently referring to Robert's Rules of Order, trustee Stacey Mallicoat asked, "We have new information being presented tonight? No? Has anyone contacted all parties to see if there's anything that's been started that they cannot finish or that is unchangeable? Like bonds that they can't refund, contracts that have been signed?"
Village Engineer Brandon Boggs replied, "To my knowledge, no contracts have been in place. We have reviewed the final plat. We have agreed upon a certain cost estimate which establishes that bond. At this time, I have not been delivered that bond, but my understanding is that typically some of the insurance companies require the approval at a council level before they issue the bond."
In best courtroom style, Village Attorney Josef Kurlinkus questioned Boggs, "So as far as you know, we have not received the bond yet." Boggs agreed. Kurlinkus continued, "I will note that the resolution approving this was contingent on receiving the bond so this has not been finalized yet."
Trustee Justin Plock asked, "What is your reason for bringing this back, Sue?"
Trustee Sue Petty replied, "My reason for bringing this back is I was against [the plat]."
"Then why vote yes for it?" asked Plock.
"So I could maneuver this," replied Petty.
"Huh! Thank you," said Plock.
"You're just looking for a different outcome," said trustee Stacy Mallicoat, pointing his finger at Petty.
"No," said Petty, "I think I said..."
Mallicoat replied, "By Robert's Rules of Order, it's not, but I'm sure it will have to be taken up by someone else."
When the vote was taken, trustees Sue Petty, William Babcock, Michael Wright, and Michael Sima voted to rescind final approval of subdivision Plat 6 of Hawks Pointe. Trustees Stacy Mallicoat and Justin Plock continued to support their previous decision. As Village President, Carol Gustafson does not vote except in case of a tie. The vote was 4-2.
Afterwards, the new trustees were noticeably excited about their victory. Trustee William Babcock said, "We pulled a rabbit out of a hat."
UPDATE: Later, the Townhomes of White Oak filed a lawsuit against the Village of Roscoe over the decision.
