Requested Action
1. Planned Unit Development (PUD) to allow an 8-story mixed use development with 24,972 square feet of ground floor commercial floor area and 301 multi-family residential units above.
2. Rezoning from the B-3, General Service, Wholesale, and Motor Vehicles District to the B-2, General Business District.
3. Preliminary Plat of Subdivision approval to consolidate the subject property into one lot.
Variations Required
• Chapter 28, Section 5.1-21.1d, to allow the northeast corner of the 1st floor to be setback 2 feet from a property line where code requires a minimum setback of 15 feet for structures 3 floors and less in height.
• Chapter 28, Section 5.1-21.1d, to allow the eastern side of floors 4 through 8 to be setback 21.1 feet from a property line, and to allow the southern side of floors 4 through 8 to be setback 19.2 feet from a property line, where code requires a minimum setback of 50 feet for structures over 3 floors in height.
• Chapter 28, Section 6.6-5.1, to allow balconies on the north side of the building to encroach 0.8 feet into the required 50-foot building setback and on the east and south sides of the building to encroach 16.5 feet into the required 50-foot building setback.
• Chapter 28, Section 10.2-12.3b, to allow 4.0 foot candles along a property line adjacent to a Business District where code restricts maximum foot candles to 2.0.
Recommendation
A public hearing was held by the Plan Commission on November 29, 2023, where Commissioner Cherwin moved and Commissioner Sigalos seconded:
A motion to recommend to the Village Board of Trustees approval of PC #23-012, a Planned Unit Development (PUD) to allow an eight-story mixed-use development with 24,972 square feet of ground floor commercial floor area and 301 multi-family residential units above; Rezoning from the B-3 General Service, Wholesale, and Motor Vehicles District to the B-2 General Business District; Preliminary Plat of Subdivision approval to consolidate the subject property into one lot; and the following Variations:
1. Chapter 28, Section 5.1-21.1D, to allow the northeast corner of the first floor to be set back two feet from a property line where code requires a minimum setback of 15 feet for structures three floors and less in height.
2. Chapter 28, Section 5.1-21.1D, to allow the eastern side of floors 4 through 8 to be set back 21.1 feet from a property line, and to allow the southern side of floors 4 through 8 to be set back 19.2 feet from a property line, where code requires a minimum setback of 50 feet for structures over three floors in height.
3. Chapter 28, Section 6.6-5.1, to allow balconies on the north side of the building to encroach 0.8 feet into the required 50-foot building setback and on the east and south sides of the building to encroach 16.5 feet into the required 50-foot building setback.
4. Chapter 28, Section 10.2-12.3B, to allow four-foot candles along a property line adjacent to a Business District where code restricts maximum foot candles to two.
This recommendation is subject to resolution of the following:
Infrastructure/Access
1. Petitioner shall design, permit and install all traffic required improvements, including but not limited to the Phase I Tonne Road traffic signal modifications.
2. Petitioner shall design, permit and construct intersection improvements at Algonquin Road/Tonne Road at the request of the Village, which shall be made when these improvements are warranted as part of the remaining phases of redevelopment (Phase II through IV). These improvements may include but shall not be limited to dual left turn lanes on Tonne Road. The share of costs for any such future improvements on the southern leg of this intersection shall be based on the cost sharing provisions within the existing easement agreement governing the private section of Tonne Road. The share of costs for any such future improvements on the northern leg of this intersection shall be 100 percent the responsibility of the Petitioner. The Village is agreeable to the establishment of a recapture agreement for the northern leg costs to be shared amongst all owners within the overall phased redevelopment area.
3. The Petitioner shall work in good faith with the Village to explore and implement future bicycle access improvements to Busse Woods, if feasible.
4. At the request of the Village, the Petitioner shall be responsible for modifying the east/west access road located on the southern side of the subject property, which shall be realigned at its intersection with Tonne Road as generally depicted within Exhibit III. Said modification shall only be required if/when approval is received from the property owner(s) of the lot directly abutting the subject property to the east, or at such time as the Petitioner becomes the controlling owner of that property.
5. The Petitioner shall be responsible for the burial of the overhead utility lines located on the southern side of Algonquin Road between Tonne Road and Arlington Heights Road, subject to the applicable agency approvals.
6. IDOT approval shall be required for the proposed side access along Arlington Heights Road and Algonquin Road, as well as for any improvements proposed within the IDOT right-of-way.
7. The Petitioner shall implement bus stop improvements to the satisfaction of the Village and in coordination with Pace, which shall be required as part of permit issuance.
Easements
8. Prior to recording of the final plat of subdivision, the plat of abrogation and grant of new easements shall be executed and recorded. Said document shall provide the following allowances, which shall be to the satisfaction of the Village:
• Perpetual ingress and egress granted to Lots 1, 2 and 3 in the Lincoln Executive Plaza Subdivision, for usage of the east/west access road on the subject property and on the Guitar Center property; and
• Perpetual ingress and egress granted to Lot 3 in August Busse's Subdivision (the Guitar Center lot - 2375 South Arlington Heights Road) for usage of the east/west access road on the subject property.
9. A sidewalk easement shall be required for the public sidewalk located on the subject property, which shall be included on the final plat of subdivision.
Parking
10. If parking provided is insufficient to meet demand as determined by the Village, the Petitioner shall work with the Village to develop and implement a parking mitigation plan that may include but shall not be limited to use restrictions for the commercial tenants, shared commercial parking within the residential garage, valet parking for any restaurants on the subject property (either within the on-site garage or at an off-site location) and/or the provision of off-site parking areas.
11. The residential garage shall be designed to facilitate future access restrictions/segregation between commercial parking and residential and guest parking areas should it be necessary to share parking within said garage.
Streetscape/Landscape
12. The Petitioner shall collaborate with the Village on the following streetscape/landscape improvements which shall be implemented by the Petitioner to the satisfaction of the Village:
A. Implementation of parkway trees within the Arlington Heights and Algonquin Road parkways abutting the subject property.
B. Foundation plantings shall be added adjacent to the building where turf is proposed along Arlington Heights Road, Algonquin Road and Tonne Road.
C. Decorative pedestrian crossing at Algonquin Road and Tonne Road and at Arlington Heights Road and Algonquin Road. Said crossings shall be designed, permitted and constructed by the Petitioner and subject to IDOT review and approval.
D. Prior to issuance of a permit, Petitioner shall provide a full site furnishing plan for review and approval by the Village, including the following items:
I. Decorative pavement and paver details;
II. Decorative parking lot and driveway lights within the interior of the site and along the east/west access drive;
III. Further refinement of the seat wall and pedestrian area at the southeast corner of Arlington Heights Road.
13. If Phase III is not under construction within five years of approval of this PUD, the Petitioner shall install an interim curbing and landscape plan for the south side of the east/west access road, for review and approval by the Village.
General
14. Final plat of subdivision approval shall be required.
15. All restaurants on the subject property shall receive special use permit approval or a special use permit waiver (if eligible), and shall demonstrate to the satisfaction of the Village, that sufficient parking will be made available.
16. As part of final plat of subdivision approval, the Petitioner shall provide details on the proposed mechanical unit screen on the southern side of the building, which screen must be tall enough to screen the mechanical units within and shall be of materials that match the building, for review and approval by the Village.
17. Compliance with the October 24, 2023 motion approved by the Design Commission shall be required.
18. The Petitioner is responsible to ensure that the planned development is and remains in full compliance with the requirements of Article XVII of Chapter 7 of Village Code, being the Village's Inclusionary Housing Ordinance, and the Village's Inclusionary Housing Guidelines, including without limitations the following:
A. Providing, at a minimum, 10 percent of the total units (30 actual on-site units based on 301 total units) in perpetuity in the planned development in compliance with Section 7-1707 (b)(3) of the Village Code.
B. Ensuring compliance with all other provisions of the Inclusionary Housing Ordinance and the Inclusionary Housing Guidelines as applicable.
19. Land contribution fees (impact fees) shall be required at time of building permit issuance pursuant to Chapter 29 of the Municipal Code.
20. Residential units are approved as rental apartments. Conversion of the residential units from rental to condominium units will require an amendment to the planned unit development and the provision of sufficient parking for such change as determined necessary by the Village.
21. Medical office uses shall not be permitted on the subject property.
22. Prior to appearing before the Village Board, the Petitioner shall provide a preliminary construction staging plan. At time of application for a building permit, the Petitioner shall provide a detailed final construction schedule and logistics plan that identifies staging areas, material storage, lane closures and construction worker parking, for review and approval by the Village. Emergency access must be maintained at all times during each phase of construction.
Roll Call Vote: Commissioners Cherwin, Sigalos, Ennes, Green, Jensen, Lorenzini, and Vice Chair Warskow voted in favor. Motion carried.