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. Preliminary Plat of Subdivision approval to consolidate the 17 existing platted lots on the subject property into one lot.
4. Land Use Variation to allow residential uses as a principal use in the B-5 District for the proposed building along Chestnut Avenue.
Variations Required:
1. Variation to Chapter 28, Section 5.1-14.4b, Conditions of Use, to allow dwelling units below the second floor within the Chestnut building.
2. Variation to Chapter 28, Section 5.1-14.2a, Required Minimum Yards, to allow a 7’ setback along a public street frontage (Chestnut Avenue) for the Campbell building where code requires a 20’ setback.
3. Variation to Chapter 28, Section 5.1-14.2a, Required Minimum Yards, to allow a 12.2’ setback along a public street frontage (Chestnut Avenue) for the Chestnut building where code requires a 20’ setback.
4. Variation to Chapter 28, Section 5.1-14.2b, Required Minimum Yards, to allow a 12.9’ setback along an interior lot line (southern lot line) for the Highland building where code requires a 25’ setback.
5. Variation to Chapter 28, Section 10.2-7, Size, to allow certain parking spaces within the Highland building garage to be 15.3’ in length where code requires 18’ in length.
6. Variation to Chapter 28, Section 6.15-2.2, Landscape Requirements between Zoning Districts, to waive the requirement for a 6-foot tall solid screen along the southern property line.
7. Variation to Chapter 29, Section 29-304(l), to allow a 50’ wide right-of-way for a local street where code requires a 66’ wide right-of-way for local streets, along certain portions of Highland Avenue.
Recommendation:
A public hearing was held by the Plan Commission on April 10, 2019 where Commissioner Cherwin moved and Commissioner Dawson seconded:
A motion to recommend to the Village Board of Trustees approval of PC#19-001, a rezoning from R-3, One-family Dwelling District to B-5, Downtown District, for four lots of the subject property, Planned Unit Development approval to allow a 361-unit mixed-use residential development, Preliminary Plat of Subdivision approval to consolidate the 17 existing platted lots on the subject property into one lot, Land Use Variation to allow residential uses as a principal use in the B-5 district for the proposed building along Chestnut Avenue and the following variations:
1. Variation to Chapter 28, Section 5.1-14.4b, Conditions of Use, to allow dwelling units below the second floor within the Chestnut building.
2. Variation to Chapter 28, Section 5.1-14.2a, Required Minimum Yards, to allow a 7’ setback along a public street frontage (Chestnut Avenue) for the Campbell building where code requires a 20’ setback.
3. Variation to Chapter 28, Section 5.1-14.2a, Required Minimum Yards, to allow a 12.2’ setback along a public street frontage (Chestnut Avenue) for the Chestnut building where code requires a 20’ setback.
4. Variation to Chapter 28, Section 5.1-14.2b, Required Minimum Yards, to allow a 12.9’ setback along an interior lot line (southern lot line) for the Highland building where code requires a 25’ setback.
5. Variation to Chapter 28, Section 10.2-7, Size, to allow certain parking spaces within the Highland building garage to be 15.3’ in length where code requires 18’ in length.
6. Variation to Chapter 28, Section 6.15-2.2, Landscape Requirements between Zoning Districts, to waive the requirement for a 6-foot tall solid screen along the southern property line.
7. Variation to Chapter 29, Section 29-304(l), to allow a 50’ wide right-of-way for a local street where code requires a 66’ wide right-of-way for local streets, along certain portions of Highland Avenue.
This approval shall be subject to the following conditions:
Fire/Safety Conditions:
1. The petitioner shall modify the interior access drives as necessary to comply with all fire lane concerns as outlined by the Building Department Fire Safety Division and the Fire Department. Details shall be provided on all pavers to assure the Village that the pavers will support fire apparatus load and the point load of any fire apparatus outriggers.
2. No structure shall be erected and no obstruction shall be placed in the 26’ fire lane that runs between the Chestnut building and Highland Building, unless approved by the Fire Department.
Building Conditions:
3. If a restaurant is constructed on the 13th floor of the Highland Building, it shall provide a full kitchen with black iron equipment.
4. The petitioner shall enter into an indemnification agreement with the Village should any balcony or portion of the building encroach into the public right of way.
5. All building mounted and site mechanical equipment (meters, panels, utility connections, fire department connections, transformers, utility pedestals, etc.) shall be appropriately sited and screened from public view, which shall be at the discretion of the Village. To the best extent possible, these elements shall be internalized within structures.
6. The proposed development shall not damage or threaten the structural integrity of the Vail Avenue garage. Prior to building permit issuance, the petitioner shall provide a structural analysis and soil borings that addresses potential impacts to the Vail Avenue garage. The Village reserves the right to review any proposed modifications to the Vail Avenue garage and the ability to require certain upgrades to the garage as it determined necessary to facilitate the proposed development. The costs of any required modifications to the Vail Avenue garage shall be borne by the developer, and any required insurance, bonds, and deposits shall be the developers responsibility. The Village reserves the right to reject any plans or construction that may negatively impact the Vail Avenue garage.
Site Conditions:
7. All utility service lines must be underground. Prior to Final Plat of Subdivision approval, the petitioner shall provide a plan for any overhead utilities that need to be modified to accommodate for the proposed development.
8. The petitioner shall provide final details on the Chestnut building garage ramp wall (materials, height, etc.) prior to Final Plat of Subdivision approval, for review and approval by the Village.
9. Prior to Final Plat of Subdivision approval, the petitioner shall provide details on all site fencing, including the height, style, and materials of all fences proposed on the subject property. Final fence details shall be subject to review and approval by the Village. Additionally, the loading space screen walls shall be revised to be a solid masonry material to match the buildings. Where applicable, The fence along the southern property line shall be a decorative black metal style open fence.
10. The petitioner shall explore options to minimize or eliminate the retaining wall along the southern property line, and if it is determined that a retaining wall is necessary, in no case shall this retaining wall exceed 3 feet in height. Additionally, said wall shall be setback from the southern property line no less than one-foot to allow for maintenance.
11. The petitioner shall explore further enhancements to the northeast corner of the site to provide a focal point for this prominent corner.
Parking/Loading Conditions:
12. The Highland parking garage parking space allocation and management shall comply with the plan prepared by Briarwood Management LLC, dated April 9, 2019, and shall be subject to the following additional conditions:
a. The subject property shall provide 160 parking spaces in perpetuity for the non-residential uses on the subject property, comprised of 134 non-residential only spaces and 26 non-residential/resident guest parking spaces. These spaces shall be located on the lower level, ground level, level 1.5, and level 2.
I. These spaces shall not be individually assigned to specific non-residential tenants/individuals/employees and shall be open to any non-residential user/customer/employee.
II. Leases for non-residential tenants shall specify that parking is provided within the Highland building garage and that all employees shall park within the Highland building garage.
III. Employees parking rates shall not exceed employee parking rates set by the Village for the Vail Avenue garage.
IV. Part-time employees of the non-residential uses on the subject property shall be provided free parking within the Highland building garage, consistent with the free parking provided by the village within the Vail Avenue garage.
V. Customer parking for customers and patrons of the non-residential uses on the subject property shall be free.
VI. Customer parking shall be restricted to a maximum of 4 hours. There shall be no long-term parking within the 160 non-residential parking spaces.
b. The subject property shall provide no more than 347 parking spaces within the Highland building garage for the residents within the Highland, Campbell, and Chestnut buildings.
I. All residential parking within the Highland building shall be rented separately and shall not automatically be included with a residential lease.
c. Valet parking for restaurants on the subject property shall be provided on Thursday through Saturday within the lower level of the Highland building garage.
d. At the request of the Village, the property owner shall provide details and data on the operation and management of the parking within the Highland building garage. If parking issues arise, the property owner shall work with the Village to modify the parking plan to address any such issues, to the satisfaction of the Village. The property owner shall use good faith efforts to implement and enforce said Highland garage parking conditions and restrictions, and shall have the ability to adjust the above referenced conditions so long as the project is in substantial conformance and the development continues to adequately accommodate the developments' parking demand to the satisfaction and approval of the Village.
13. No employee or residential parking permits for parking within the Vail Avenue garage shall be issued to tenants, residents, or guests of the subject property, unless determined acceptable by the Village.
14. Prior to building permit issuance, the property owner shall provide a parking signage plan outlining how shoppers, employees, and residents will be guided to appropriate parking spaces. Signage shall clearly indicate what spaces are available for public customers.
15. Loading Operations for the development shall be restricted to the following:
a. Commercial/Restaurants/Offices: 7:00am – 3:00pm on Monday through Saturday. No loading permitted on Sundays.
b. Residential: 7:00am – 6:00pm on Monday through Saturday.
c. Street deliveries shall be prohibited, with exception to the on-street loading space in front of the Chestnut building.
d. All trash shall be loaded onto trucks within the loading area. No on-street trash collection shall be permitted.
e. All tenants shall be provided with access to the loading and trash areas.
16. Should portions of the property be sold to separate property owners, the property owner shall draft and record provisions for shared parking, shared access, and shared maintenance of common elements and utilities.
Traffic/Street Infrastructure Conditions:
17. Intersection improvements shall be required at the following intersections:
a. Highland/Campbell: This intersection shall be under 3-way stop sign control. The developer shall install high visibility crosswalks across Highland within this intersection. The Village shall relocate the proposed mid-block crosswalk to the eastern leg of this intersection, which shall extend across Campbell.
b. Highland/Sigwalt: This intersection shall be under 4-way stop sign control. The developer shall be responsible for installing high visibility crosswalks within this intersection.
c. The developer shall install bump-outs for the on-street parking spaces along the southern side of Campbell Street between Highland and Chestnut. This may include the relocation of an existing fire hydrant and installation of required streetscape improvements. Additionally, the developer shall be responsible for installing bump outs for the proposed crosswalk at the eastern leg of the Campbell/Highland intersection.
d. Bump-outs for the on-street parking spaces along the western side of Highland Avenue between Campbell Street and the access drive to the subject property.
18. The developer shall be responsible for the expansion of Chestnut Avenue and installation of the parking lane as depicted on the engineering plans, which shall occur as follows:
a. Between Campbell Street and the drive aisle exit of the development as part of phase one.
b. Between the exit drive of the development and the south property line at the earliest of the following:
I. During Phase two of development.
II. Concurrent with the widening of Chestnut from Sigwalt Street to the south property line of the subject property. If phase two has not commenced, the curb bump out may be omitted (but must be constructed when either 18.b.I or 18.b.III have occurred).
III. Within four years of adoption of this ordinance.
19. Eight feet of land shall be dedicated for public right of way along Chestnut Avenue and along a portion of Highland Avenue, as shown on the Preliminary Plat of Subdivision.
20. If it is determined by the Village that there is unsatisfactory circulation and congestion within and through the subject property, the property owner shall modify the driveway access along Highland Avenue so that it can accommodate two-way travel. Prior to making this determination, the Village will consult with the property owner.
21. The petitioner shall provide visible warning beacons on the garage ramp for the Chestnut building, as well as on the Highland building garage entrances/exits, if determined necessary by the Village.
22. The petitioner shall ensure full streetscape compatibility with the rest of the downtown and shall insure that all disturbed public sidewalks shall be restored in conformance to these standards. Furthermore, prior to building permit issuance, a complete site furnishings package shall be required, for review and approval by the Village.
23. The petitioner shall revise the one-way exit to Chestnut Avenue to bump-out the curb so that the exit tapers down to discourage southbound egress along Chestnut.
General Conditions:
24. At time of 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. Any work taking place within the right of way shall be scheduled to minimize disruption to other businesses and patrons of the downtown vicinity. Construction traffic shall be limited to pre-approved lanes and locations to be determined by the Village. Emergency access shall be maintained at all times during each phase.
25. The developer shall install and maintain a gateway sign at the northwest corner of the site within the public right-of-way as part of the required streetscape improvements within phase one of development. The design of said sign shall be in substantial compliance to the sign details document dated 4/4/19.
26. Conversion of any building to condominium units shall require an amendment to the PUD and determination of sufficient parking for such change shall be provided to the satisfaction of the Village.
27. Impact fees shall be required in accordance with the requirements of Chapter 29 of the Municipal Code.
28. The developer shall provide the required number of affordable units in perpetuity as per the recommendation from the Village Board.
29. Compliance with March 12th Design Commission motion shall be required.
30. All restaurants shall be required to apply for a Special Use Permit, or shall apply for a special use permit waiver if deemed acceptable by the village.
31. Medical office uses shall only be allowed after review and approval by Village staff of their projected parking impact. if it is determined by staff that parking for medical offices cannot be adequately accommodated on the subject property, medical office uses shall not be allowed.
32. The petitioner shall comply with all Federal, State, and Village Codes, Regulations, and Policies.
Roll Call Vote: Commissioners Drost, Green, Jensen, Lorenzini, Sigalos, Warskow, Cherwin, Dawson, Chair Ennes voted in favor. Motion carried.