Requested Action

1. Rezoning from R-3, One-Family Dwelling District to B-5, Downtown District for four lots of the subject property.

2. Planned Unit Development approval to allow a 361-unit mixed-use residential development.

3. Plat of Subdivision to consolidate the site into one lot.

4. Land Use Variation to allow an Apartment Building or Multiple Family Dwelling in the B-5 District (for the Chestnut Building).

Variations Required

1. Chapter 28, Section 5.1-14.1, Conditions of Use, to allow dwelling units below the 2nd floor (for the Chestnut building).

2. Chapter 28, Section 5.1-14.6, Required Minimum Yards, to reduce the required interior yard setback (south) from 25 feet to 12.9 feet for the Highland building.

3. Chapter 28, Section 5.1-14.6, Required Minimum Yards, to reduce the required public street frontage setback (west) from 20 feet to 7 feet for the Campbell Building and from 20 to 12.3’ for the Chestnut building.

4. Additional variations may be identified once details plans have been submitted.

RECOMMENDATION

The Staff Development Committee is generally supportive of the proposed rezoning from R-3, One-Family Dwelling District to B-5, Downtown District, Planned Unit Development approval to allow a 361-unit mixed-use residential development, Plat of Subdivision approval to consolidate 17 lots into one lot, Land Use Variation to allow an Apartment Building or Multiple Family Dwelling in the B-5 District (for the Chestnut building), and the following Variations:

• Chapter 28, Section 5.1-14.1, Conditions of Use, to allow dwelling units below the 2nd floor (for the Chestnut building).

• Chapter 28, Section 5.1-14.6, Required Minimum Yards, to reduce the required interior yard setback (south) from 25 feet to 12.9 feet for the Highland building.

• Chapter 28, Section 5.1-14.6, Required Minimum Yards, to reduce the required public street frontage setback (west) from 20 feet to 7 feet for the Campbell Building and from 20 to 12.3’ for the Chestnut building.

The petitioner shall address the following items as part of the Plan Commission review process:

Site Related
1. The petitioner shall address the following items relative to the proposed site plan:

a. Modifications to the proposed streetscape and adjacent private improvements along Chestnut Avenue shall be required.

b. Eight feet of right-of-way shall be dedicated along Chestnut Avenue. Eight feet of right-of-way shall also be dedicated along Highland Avenue, with exception to the portion of the side along Highland Avenue that abuts the Vail Avenue garage, which is still under evaluation by the Village. 

c. Develop and explore alternative options for the two loading spaces along Highland Avenue to avoid loading spaces that front a public street and require the elimination of on-street parking spaces.

d. Provide space for a downtown “gateway” sign at the northwest corner of the site. Maintenance and construction of this sign shall be the responsibility of the developer.

Fire Safety and Utility Related:

2. The petitioner must comply with the following:

a. Plans shall address the concerns from the Building and Fire Departments relative to fire lanes and fire access for each building. Plans shall be provided that clearly indicate the location of all Fire Department connections, the location and width of fire access lanes, and details on construction types and overhead utility lines.

b. Conformance to all MWRD and Village stormwater requirements shall be required. Additionally, preliminary utility information shall be required to allow the Village shall evaluate existing infrastructure capacity within the vicinity to accommodate for the proposed development. Certain utility infrastructure upgrades may be required.

c. A comprehensive utility exhibit outlining all proposed transformers, meters, generators, switchgear, ground mounted mechanical equipment, encroachments into the public way, and the burial of overhead utility lines as necessary and feasible shall be required.

Parking & Traffic Related:
3. The petitioner shall address the following relative to traffic and parking:

a. Evaluate the proposed curb cut along Campbell Street. Modifications to said curb cut, including potential elimination, may be required as part of the formal Plan Commission review process.

b. A comprehensive Traffic and Parking study shall be required for the proposed development. The petitioner shall work with the Village to study and include all necessary aspects within said study as determined by the Village, including non-traditional peak hour analysis.

c. Parking for the residential uses within the development shall be provided at a rate of 1.5 parking spaces per unit.

d. The petitioner shall evaluate the provision of public parking within certain spaces inside the proposed Highland Avenue garage to mitigate the anticipated use of on-street and Vail Avenue garage parking spaces generated by the commercial uses within the development.

e. The petitioner shall provide a detailed explanation outlining how trash collection, deliveries, and move-ins/move-outs will function, for both the commercial and residential uses proposed.

f. Chestnut Avenue abutting the development shall be widened by eight feet, in addition to other off-site improvements that may be necessary as determined by the Village.

g. Bicycle parking spaces shall be provided. Details on bicycle parking shall be provided as part of the Plan Commission review process.

General:
4. For each requested variation, the petitioner shall provide a written response to each of the hardship criteria necessary for variation approval, as summarized below:

• The proposed use will not alter the essential character of the locality and will be compatible with existing uses and zoning of nearby property.
• The plight of the owner is due to unique circumstances, which may include the length of time the subject property has been vacant as zoned.
• The proposed variation is in harmony with the spirit and intent of this Chapter.
• The variance requested is the minimum variance necessary to allow reasonable use of the property.

5. The developer shall provide a structural review of the existing Vail Avenue garage as part of the Plan Commission review process.

6. Plat of Subdivision approval to consolidate the 17 existing lots into one lot shall be required.

7. All future restaurants shall require Special Use or Special Use Permit waiver approval.

8. Design Commission review shall be required.

9. Housing Commission review shall be required, which will require the petitioner to provide a written response to the affordable housing requirement of the Village.

10. The petitioner shall comply with all Federal, State, and Village Codes, Regulations, and Policies.

11. These are preliminary comments only and should not be relied upon as identification of the only major issues.  The Staff Development Committee reserves the right to change its position on issues upon submittal of a formal application and detailed review.