Requested Action
1. A rezoning from the O-T District to the I District.
2. A Planned Unit Development (PUD) to allow a 175-bed senior living facility.
Variations Required
1. A density variation from Chapter 28 of the Municipal Code, Section 5.1-8.1, to allow 357,628 square feet of land area where 420,000 square feet is required.
2. A variation from Chapter 28 of the Municipal Code, Section 5.1-8.6, to allow certain independent and assisted living studio/efficiency units to be 431 square feet and certain memory care studio/efficiency units to be 334 square feet, where code requires a minimum size of 550 for studio/efficiency units, and to allow certain independent and assisted living one-bedroom units to be 646 square feet where code requires a minimum size of 650 square feet for one-bedroom units.
3. A variation Chapter 28 of the Municipal Code, Section 6.5-2, to allow fire pits and an outdoor kitchen (BBQ Grill) within a side yard where such improvements are only allowed within a rear yard.
4. A variation from Chapter 28 of the Municipal Code, Section 10.2-12.3, Lighting, to allow a luminaire spacing ratio of 3:1 or more, where code requires a luminaire spacing of 3:1 or less.
RECOMMENDATION
A public hearing was held by the Plan Commission on December 2, 2020 where Commissioner Green moved and Commissioner Cherwin seconded:
A motion to recommend to the Village Board of Trustees, approval of PC#20-013, Rezoning from the O-T District to the I District, a Planned Unit Development (PUD) to allow a 175-unit senior living facility, and the following variations:
• A density variation from Chapter 28 of the Municipal Code, Section 5.1-8.1, to allow 357,628 square feet of land area where 420,000 square feet is required.
• A variation from Chapter 28 of the Municipal Code, Section 5.1-8.6, to allow certain independent and assisted living studio/efficiency units to be 431 square feet and certain memory care studio/efficiency units to be 334 square feet, where code requires a minimum size of 550 for studio/efficiency units, and to allow certain independent and assisted living one-bedroom units to be 646 square feet where code requires a minimum size of 650 square feet for one-bedroom units.
• A variation Chapter 28 of the Municipal Code, Section 6.5-2, to allow fire pits and an outdoor kitchen (BBQ Grill) within a side yard where such improvements are only allowed within a rear yard.
• A variation from Chapter 28 of the Municipal Code, Section 10.2-12.3, Lighting, to allow a luminaire spacing ratio of 3:1 or more, where code requires a luminaire spacing ratio of 3:1 or less.
This approval is contingent upon compliance with the following recommendations, with direction to Staff and the petitioner to continue to work on the language for Condition #1 and #2.
Strike-Out text is original condition as presented to the Plan Commission. Green text is modified language per request of the Plan Commission (see memo).
1. Relative to cross access to the south – Prior to building permit issuance the petitioner shall a) establish/record an access easement to the benefit of the properties to the south, and b) redesign the detention area to accommodate for the anticipated stormwater detention of the future driveway connection. Actual construction of this driveway connection will be the responsibility of the property owner to the south, and will occur if and when the Village determines it is necessary. The easement provisions shall allow for others to construct the cross access.
1. Relative to cross access to the south – Petitioner shall use diligent, commercially reasonable efforts to (a) negotiate and enter into a cross access easement agreement with the owner of the property to the south (the “Cross Access Easement Agreement”); and (b) redesign the detention area to accommodate for the anticipated stormwater detention of the future driveway connection. The Cross Access Easement Agreement shall include the following terms, in addition to those otherwise mutually agreed upon by Petitioner and the south property owner:
(i) the south property owner shall bear the cost of initial construction of all driveway improvements within the easement area which are subject to Petitioner’s approval, not to be unreasonably withheld;
(ii) all initial construction shall be performed by a licensed contractor in good, lien-free and workmanlike manner, in compliance with all laws, and all work shall be reasonably coordinated between Petitioner and the south property owner so as promote safety and minimize disruption to the operation of the properties;
(iii) the cost to maintain, repair and replace the new driveway shall be paid by south property owner;
(iv) each owner shall maintain customary insurance and agree to customary indemnity obligations; and
(v) each owner shall have customary rights upon default by the other owner, including self-help.
If a final form of Cross Access Easement Agreement is not agreed to by Petitioner and south property owner by May 1, 2021, Petitioner shall, upon request by the Village, continue to use diligent commercially reasonable efforts to negotiate and enter into the Cross Access Easement Agreement.
2. Prior to building permit issuance, the petitioner shall dedicate a 20’ easement for Commonwealth Edison along the western property line to facilitate ComEd utility relocation/burial, with an additional 5’ in width if determined necessary by the Village. The proposed underground waterline in this location shall be pushed back so that it is outside of this easement area.
3. The sidewalk along Arlington Heights Road shall be installed at 5’ in width and prior to building permit issuance, the petitioner shall establish/record an easement for said sidewalk, to the benefit of the Village.
4. IDOT review and approval shall be required.
5. Impact fees for all Independent Living units shall be required, per applicable Village codes and policies.
6. If the Village requires a bike path along Tonne as part of building permit review, the property owner shall install said path at the request of the Village.
7. Compliance with the November 17, 2020, Design Commission motion shall be required.
8. The petitioner shall comply with all Federal, State, and Village Codes, Regulations, and Policies.
Roll Call Vote: Commissioners Green, Cherwin, Dawson, Drost, Jensen, Lorenzini, Sigalos, and Chair Ennes voted in favor. Motion carried.