1 N. Prospect Avenue Clarendon Hills, Illinois

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1 1 N. Prospect Avenue Clarendon Hills, Illinois ZONING BOARD OF APPEALS/PLAN COMMISSION AGENDA Thursday, January 21, 2016 at 7:30 pm Board Room, Village Hall 1 N. Prospect Avenue, Clarendon Hills, Illinois I. CALL TO ORDER II. III. IV. ROLL CALL APPROVAL OF MINUTES a. October 15, 2015 b. December 17, 2015 OLD BUSINESS a. Case No Z475 / 9-23 Walker Avenue (continued from 12/17/2015) Request for a comprehensive plan amendment and special use permit approval for a planned unit development for an four (4) story, mixed use development consisting of a multi-family building with first floor commercial, residential live/work units and parking at the northeast corner of Park Avenue and Walker Avenue (Section C). V. NEW BUSINESS - None VI. VII. VIII. COMMENTS FROM THE AUDIENCE DISCUSSION ITEMS ADJOURNMENT

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47 Village of Clarendon Hills Zoning Board of Appeals/Plan Commission MINUTES Thursday, December 17, 2015 at 7:30PM Village Hall, 1 North Prospect Avenue, Clarendon Hills, Illinois I. CALL TO ORDER. Chairman Wil Freve called the meeting of the Zoning Board of Appeals/Plan Commission to order at 7:30pm. II. III. IV. ROLL CALL. Members Present: Absent: Others Present: Chairman Wil Freve, Greg Kuhn, Jim Scheer, Bob Arnold, and Jan Morel Dena Arendt, and Joe Tobolski Community Development Director Dan Ungerleider, Village Manager Kevin Barr (Meeting sign-in sheet on file in the Community Development Department) APPROVAL OF MINUTES. Commission members present confirmed that they had reviewed the draft minutes from the October 15, 2015 meeting. Mr. Brad Smith, the petitioner for the case heard during that meeting (Case Z Walker Av) provided an errata sheet listing recommended amendments to the October 15 th transcripts/minutes. After a brief discussion, the ZBA/PC agreed to defer approval of the October 15 th minutes to the January 21, 2016 meeting since a majority of the members present at the October 15 th meeting were not present at this meeting held on December 17, The draft minutes from the October 15 meeting will remain posted on the Village website at NEW BUSINESS. a. 88 Park Avenue Litigation Results - Community Development Director Ungerleider reported that the Village recently learned the DuPage Circuit Court ruled in favor of the Village in regards to the 88 Park Avenue litigation. Judge Sheen ruled the Village has the legislative authority under the Zoning Ordinance to approve the development that the Village followed the intent of the Zoning Ordinance, and the Village was justified in using a planned unit development to adjust zoning on the property in part because of tangible public benefits provided to the Village. In particular the judge noted the considerable amount of public input considered by the Village Zoning Board of Appeals/Plan Commission, Downtown Design Review Commission, and the Village Board of Trustees. Mr. Ungerleider noted that the Village has thus far spent approximately $75,000 defending the lawsuit, and that the plaintiffs have until December 18, 2015 to appeal the Circuit Court decision. b. Podcast and Transcripts Policy Change - Community Development Director Ungerleider reported that at the request of the Village Board Trustees Staff will immediately begin recording and posting audio podcasts of meetings held by the ZBA/PC. These recordings will be made available to the public on the Village s website. As a result, the Village will no longer be transcribing ZBA/PC public hearings. Similar to other regular ZBA/PC meeting activities, Village Staff will take notes during the meeting and draft minutes for acceptance by the ZBA/PC at a later meeting. V. OLD BUSINESS. a. Case No Z475/9-23 Walker Avenue - Chairman Freve provided a brief introduction of the case and noted that this will be a continuation of the public hearing initiated and continued during the October 15, 2015 ZBA/PC meeting. Chairman Freve noted that the hearing had originally been continued to November 19, 2015, but had to be deferred to this meeting due to the ZBA/PC not being able to obtain a quorum for the November meeting. The ZBA/PC will reopen the public hearing to allow the public to Community Development Department t One North Prospect Avenue, Clarendon Hills, Illinois f

48 ZBA/PC Minutes page 2 December 17, 2015 provide new testimony in consideration of this case. Mr. Ungerleider noted that the Village posted notice for this evenings meeting on the subject property and at Village Hall. Village Attorney Tom Melody addressed the topic of rental vs. owner occupied/condominium units, an issue recently brought to light by a flyer posted and passed out around the community. Mr. Melody noted that the Fair Housing Act prohibits discrimination in the sale, rental and financing of dwellings based on race, color, religion, sex or national origin. The Village will not participate in any discussion with regard to the perceived differences between a residence owned or rented. Mr. Ungerleider summarized the petitioner s request as being a request for a comprehensive plan amendment and special use for a preliminary planned unit development to allow the development of a four (4) story, mixed use development consisting of a single building containing first floor commercial, thirty-five (35) one and two-bedroom apartments and seven (7) live/work apartments with assigned parking. He reported that at the conclusion of the October 15, 2015 meeting the ZBA/PC request staff and the petitioner to prepare answers to four (4) questions at the next meeting. These questions were as follows: 1) What is the proposed residential unit mix? 2) What is the proposed traffic circulation patterns for the alley and what will be the resulting traffic impacts on Railroad and Park avenues? 3) How much will it cost to relocate the alley overhead utility lines below grade, and how will this improvement, if required, impact the proposed development and adjacent properties? 4) What are the specific changes to the comprehensive plan needed for the proposed development? Mr. Melody, in response to the fourth question, explained that the proposed development requires that the 2014 Downtown Master Plan (DTMP), an approved component of the village comprehensive plan, be amended to accommodate the number of stories proposed and the residential live/work units located at the street level. The 2014 DTMP designates this property for a three (3) story mixed use building with street level commercial. Although the number of stories designation is noted for building being built without a planned unit development, the developer is asking that the DTMP be amended to modify the designation of this property from three (3) stories to four (4) stories as a point of clarification. Mr. Ungerleider stated that the proposed street level live/work units will introduce potential commercial activity along Walker Avenue, thus conforming to the intent and spirit of the comprehensive plan. Mr. Brad Smith, the developer and owner of the subject property, reintroduced the proposed development. He presented the proposed site plan, elevation renderings including details of the proposed public plaza space along Park Avenue, the live/work unit entrances along Walker Avenue, and the architectural design creating the appearance of two (2) separate buildings through the use of material types and color. He answered the first question by explaining that the building has been designed to accommodate luxury residents meeting the needs of the Clarendon Hills marketplace. The building will contain forty-two (42) apartments, 60% having two bedrooms and 40% having one bedroom. Mr. Smith, referring to the second question, explained that he had consulted with ComEd and with the previous proposed developer for the site, Inland Realty, with regard to the cost of burying the utilities below the alley. He reported that it will cost $1,200,000 dollars to bury the lines and expressed that these funds would provide a more tangible benefit to the community if spent on architecture and open space. ZBA/PC members asked where the poles would be located once the building was constructed. Mr. Ungerleider explained that typically this detail would be addressed during final engineer and final planned unit development review. Mr. Smith explained that he intended to comply with village ordinance in burying the service lines to the building below grade. Luay Aboona of KLOA, the traffic consultant for the proposed development, addressed the traffic and parking impact questions raised in question number three (3). Mr. Aboona reported that the existing twenty (20) foot wide alley was sufficient for continued two-way traffic for the proposed development and existing downtown traffic patterns. He noted that the alley provides alternative routes during train Community Development Department t One North Prospect Avenue, Clarendon Hills, Illinois f

49 ZBA/PC Minutes page 3 December 17, 2015 crossing back-ups and community festivities, such as Dancing in the Street. Mr. Aboona noted that he met with Police Chief Farmer who indicated that he anticipated no impact on the traffic patterns for the area on Park Avenue and Walker Avenue. Mr. Aboona concluded that the additional traffic resulting from the proposed development will not be detrimental to the capacity of the adjacent roads and intersections. Tracy D. Kasson of Rathje & Woodward, the attorney representing the proposed developer of the property, explained that the project meets the village s established standards for special uses and planned unit developments. He stated that the comprehensive plan amendments described earlier by Village Attorney Melody serves both the objectives of the downtown and the proposed project. He noted that the building has evolved through the village s development review process. He reviewed the proposed public benefits which include: increased property tax value, payment fee-in-lieu of school and park land, new public open spaces along Park Avenue, the provision of market-driven live/work apartments activating Walker Avenue; and provision of assigned parking and fee-in-lieu of parking. He requested that the ZBA/PC recommend approval of the project as proposed. Mr. Ungerleider reviewed and read the proposed findings of fact for special and preliminary planned unit approval into the record as follows: 1. The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare of the Village. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity of the purposed already permitted, or substantially diminish or impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zoning district. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been, or are being provided. 5. Adequate measures have been, or will be, taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall, in all other respects, conform to the applicable regulations of the zoning district in which it is located. 7. The entire property for the PUD is under unified ownership or control. 8. There is no minimum lot size in the B-2 Retail Business District, therefore the property complies with applicable area standards. 9. Covenants, deed restrictions, easements, and similar restrictions to be recorded in connection with the PUD, if any, shall be provided as part of the final PUD plan conforming to the conditions for covenants in the PUD provisions of the Zoning Ordinance. 10. The primary purpose of the Downtown Master Plan is to encourage downtown public and private investment provided that such investment protects or creates evolving/gradual change, small town charm, more retail choices, unique draw or destination, services for local residents, a family friendly atmosphere, safe pedestrian circulation, and active living with photogenic, vibrant, progressive/selfsustaining pleasant spaces. Therefore, the PUD conforms to the intent and spirit of the Comprehensive Plan and the Downtown Master Plan. 11. The intent of the maximum number of stories designation by the 2014 Downtown Master Plan is to limit the number of maximum stories a building can be built at-right, subject only to Downtown Design Review approval. The amendment to the 2014 Downtown Master Plan increasing the maximum number of stories from three (3) to four (4) stories for this PUD conforms to the intent of the village PUD standards and the Downtown Master Plan. 12. The PUD includes the provision of a fee in lieu of park and school site land donation, pursuant to Chapter 52 of the Village Code. Community Development Department t One North Prospect Avenue, Clarendon Hills, Illinois f

50 ZBA/PC Minutes page 4 December 17, The PUD includes the reconstruction of the existing alley and relocation of utility poles between Railroad and Park avenues. 14. The PUD includes the reconstruction of the adjacent streetscape within the public rights-of-way along Park and Walker Avenues, including a unified public/private corner plaza, as part of the development of the Subject Realty. 15. The PUD will result in a significant increase in property tax revenue for the Village. The existing property is assessed as a vacant, unimproved property. 16. The PUD will comply with village and county stormwater management standards. The existing property does not. 17. The PUD will increase the customer-base located in the downtown, which will help to support existing business and attracting more retail choices to the downtown. 18. The PUD includes a $204,000 fee-in-lieu of parking for use by the village to acquire land, construct parking and make other necessary improvements within the downtown area as defined by the Downtown Master Plan. 19. The PUD includes a $10,000 contribution to assist the Village with the design and construction of a unified parking lot on private properties between the alley and the retail buildings along South Prospect Avenue. 20. The PUD provides opportunity for a variety of commercial spaces activating the street along Park Avenue and Walker Avenue. 21. The PUD requires no financial contribution or incentive by the Village. Mr. Ungerleider explained that these proposed findings of fact are provided in the Staff Report, including a proposed motion language. The ZBA/PC reopened the Public Hearing. Chairman Freve swore all interested in providing testimony. Phil Altvater, 104 S Prospect Avenue - Asked if the proposed development was the best use in this zoning district. He said this property should have a resident family development and that the proposed project does not conform to the results of the November 2014 referendum. Emmett Bonfield, owner of the commercial property at 213 Burlington Avenue - He expressed that the proposed development is ugly, and he didn t appreciate that the developer is paying for approval. He also questioned whether or not the proposed development would negatively impact the schools. John Jasper, 281 Columbine Drive - Asked if the Village will be required to pay for infrastructure changes as a result of the proposed development. Asked if the village would be mandating changes to the adjacent properties, and if so, who pays? Mr. Ungerleider noted that the proposed development would not result in any financial contribution or incentive by the Village; the developer would pay for all necessary improvements. Adam Parker, representing the owner of 1 Walker Avenue - He noted that his property and restaurant tenant (Scapa Italian Restaurant) would benefit from the proposed development. He expressed concern regarding Scapa s ongoing parking challenges. He also questioned whether or not he would be required to bury 1 Walker Avenues service utility lines. Mr. Aboona noted that the parking study concluded that parking is abundant and adequate to serve the needs of the 1 Walker Avenue and the proposed building. Mr. Ungerleider offered to meet with Mr. Park to review the requirements and conditions of the ordinance granting development approval for 1 Walker Avenue. Dan Lambert, 317 Park Avenue - Expressed concern of having a public parking lot across from his home (referring to the Village purchasing the existing parking from Fifth Third Bank parking lot directly west of the Village Fire Department). He asked if the Village considered limiting access to the parking lot from behind the Fire Department building. He presented a petition to the ZBA/PC Chairman including 135 signatures in hopes of preventing the construction of the proposed 42-unit rental apartment at 9-23 Community Development Department t One North Prospect Avenue, Clarendon Hills, Illinois f

51 ZBA/PC Minutes page 5 December 17, 2015 Walker Avenue (Petition on file in the Community Development Department.) He expressed that apartments are not appropriate for a family-based community and that a development offering 3-4 bedroom units would be more family-oriented. He also expressed that parking and speeding is already an issue on Park Avenue. Darrel Grove, 434 Traube Avenue - Expressed that although he would need to review the traffic study, he was concerned that existing parking spaces on Park Avenue and Railroad Avenue would be reduced as a result of the development. Judy O Keefe, 406 Western Avenue - Questioned the impact of the proposed development on the schools. John Jasper, 281 Columbine Drive - Asked how the proposed fee-in-lieu of parking would be used by the Village. Mr. Ungerleider explained that in accordance with the village zoning ordinance a developer has the right to request the Village accept a fee-in-lieu of parking. This fee would be used to provide or improve shared public parking within the downtown business district. Tom O Keefe, 406 Western Avenue - Agreed that deficient downtown parking is an issue. John Skay, 406 Park Avenue - He stated that it appears the developer is paying for development approval. Kathy Kadich, 257 Walker Avenue - She expressed that this is a small town and this is a huge building. She is concerned that children walking to school could be harmed by traffic generated by this large development. Sahad Nair, 435 Hudson Avenue - He expressed that children walk through downtown. He is concerned that the new residents in the proposed building will not like the noise generated by the Dancin in the Street festivities. He feels that rental properties will devalue property values and that this would be a bad location for rental apartments. John Jasper, 281 Columbine Drive - Asked if the petitioner s documentation and study could be made available via the village website. Mr. Ungerleider noted that these documents have been available at Village Hall for the past three (3) months. (Note - both the October 15 and December 17 agenda packets, including the petitioners application and studies, have been posted on the Village Website as of December 18, 2015). Karen McDonald, 333 Ruby Street - Noted that there are very few 4-story buildings and that 2-story building would be more appropriate in maintain the charm of the Village. She expressed that most communities required two (2) parking spaces per unit. Brian O Donnell, 16 Larkspur Lane - Expressed that the Fifth Third Parking lot is not located in the downtown and questioned the total number of parking spaces being added to the downtown by the proposed development. Jerry Kennedy, 33 Woodstock Avenue - Expressed that the proposed development does not fit and that it belongs in Downers Grove or Naperville Randy Graeb, 16 Arthur Avenue - Noted that Village has only one railroad crossing, and that this development will add to the congestion already experienced in the downtown. Bruce Carlson, 279 Columbine Drive - He asked the developer if he would accept Section-8 vouchers if the market caused him to accept lower lease rates. Mr. Smith responded that the proposed development is for a luxury condominium-level apartment building and that he would be investing a very large amount of equity into the development. Mr. Kasson explained that this is an inappropriate question given the restriction set by the Fair Housing Act. Ken Hall, 262 Churchill Place - He expressed that he was appalled and disheartened that his neighbors would consider a renter being less than a property owner; noting that Clarendon Hills is better than that. Community Development Department t One North Prospect Avenue, Clarendon Hills, Illinois f

52 ZBA/PC Minutes page 6 December 17, 2015 Ed Reid, 33 McIntosh Avenue - Expressed that he was happy to see a developer interested in investing in Clarendon Hills and that this is our opportunity to make this a better project without being contentious. Mr. Arnold made a motion to close the public hearing, seconded by Mr. Kuhn. The motion passed by a vote of 5-0. Chairman Freve asked for comments from the Commission. The ZBA/PC began their deliberation. Mr. Arnold noted that he had read the transcript from the October 15, 2015 public hearing and was impressed with the work and testimony collected during that meeting. He asked for further explanation of the proposed use of the public alley. Mr. Aboona reviewed the findings of the traffic study. Mr. Arnold asked where the alley utility poles would be located. Mr. Ungerleider explained that the location would be determined for and approved as part of the final engineering for the project. All costs for relocation would be borne by the developer. Mr. Sheer questioned the use of a fee-in-lieu of parking and acceptance of the proposed parking deviation. He expressed there is a parking problem in the downtown. He further expressed that the total number of units and the size of the building is too large for this location. Mr. Morel expressed that his previously reported concerns with the live/work units along Walker Avenue were elevated with the proposal that they would be governed by the Village s home occupation regulations. He asked that consideration be made to requiring the development to be reduced by four (4) units to allow for the provision of more onsite parking. He questioned where night time guest parking would be accommodated. He noted that he did not have an issue with the size or height of the building and that this is a perfect location for a development of this type given its walking distance to the train station and other area amenities. Mr. Kuhn expressed that this town needs investors in this community. The work performed by the Downtown Design Review Commission and the petitioner was outstanding. He expressed that he continues to be uncomfortable with making the proposed changes to the comprehensive plan to accommodate the development of this single property. The Commission discussed the relationship between the 2014 Downtown Master Plan (DTMP) and the 1991 Comprehensive Plan. Staff clarified that the DTMP is an approved component of the village comprehensive plan. Mr. Sheer expressed that he was uncomfortable with modifying the 2014 DTMP. Mr. Arnold expressed that he too was concerned with amending the comprehensive plan, however he is more concerned that the developer could build an at-right apartment building with the proposed public improvements and being a building of similar height, position and height. Mr. Arnold referred to the points raised by Chairman Freve at the October 15, 2015 ZBA/PC meeting in that an apartment building is a permitted use per the zoning ordinance. Although the at-right building would be smaller, it would not include the proposed amenities, parking fees, alley and open space improvements, and the Village would not be able to influence the bedroom mix. Chairman Freve noted that the planned unit development process allows the Village to provide balance between public and developer benefits. The ZBA/PC discussed how the DTMP defines development as built at-right and otherwise. Chairman Freve and Mr. Kuhn noted that the Village should consider removing the maximum story designation for the entire DTMP given that the zoning ordinance stipulates height regulations in feet, not stories, creating a potential conflict between the two documents. When asked, Mr. Smith noted that the window treatments throughout the building will be consistent and that the development will comply with the village stormwater management ordinance. Mr. Morel reiterated that he liked the project but would like it better if it had 15% less apartment units. Community Development Department t One North Prospect Avenue, Clarendon Hills, Illinois f

53 ZBA/PC Minutes page 7 December 17, 2015 VI. VII. VIII. Chairman Freve requested a motion. Mr. Smith asked that the ZBA/PC continue the case to their next meeting on January 21, A motion to do so was made by Mr. Morel, seconded by Mr. Kuhn, and unanimously approved by a vote of 5-0. COMMENTS FROM THE AUDIENCE. None DISCUSSION ITEMS. Mr. Kuhn wished everyone happy holidays. ADJOURNMENT. A motion was made by Mr. Sheer and seconded by Mr. Morel to adjourn the meeting at 9:55pm. The motion passed unanimously by a vote of 5-0. Respectively Submitted, Dan Ungerleider, AICP Community Development Director Community Development Department t One North Prospect Avenue, Clarendon Hills, Illinois f

54 1 N. Prospect Avenue Clarendon Hills, Illinois Date: January 21, 2016 MEMORANDUM To: Subject: Chairman and Members of the Zoning Board of Appeals/Plan Commission Case No Z475 / 9 23 Walker Avenue Special Use Permit for a Preliminary Planned Unit Development [Public Hearing Continued from October 15, 2017 and December 17, 2015] GENERAL INFORMATION: Petitioner/Owner Request Property Location Existing Zoning & Land Use Brad Smith, Pine Grove Partners 9 23 Walker Avenue, LLC 225 West Hubbard Street: 4 th Floor Chicago, Illinois Comprehensive plan amendment and special use permit approval for a preliminary planned unit development for a four (4) story, mixed use development consisting of a single building containing first floor commercial, thirty five (35) one and two bedroom apartments units and seven (7) live/work apartment units with assigned parking. Northeast corner of Park Avenue and Walker Avenue B 2 General Business District (vacant) Adjacent Zoning & Land Use North: B 2 General Business (mixed use commercial) South: B 2 General Business (bank), R 1 Single Family Residential (vacant) East: B 1 Retail Business (retail) West: B 2 General Business (mixed use commercial/residential) SUMMARY: On October 15, 2015 and December 17, 2015 the ZBA/PC conducted a public hearing to review and hear related testimony with regard to a development proposal requiring approval of a comprehensive plan amendment and a special use for a preliminary planned unit development (PUD). At the conclusion of the December 17, 2015 meeting the Mr. Smith, the applicant, owner and proposed developer of the property, requested that his case be continued to January 21, 2016 to allow him to consider the comments and concerns expressed. The motion to continue the meeting to January 21, 2016 was unanimously approved by a vote of 5 0. Attached is a letter dated January 14, 2016 from Mr. Smith providing a response to questions raised during the December 17, 2015 meeting. Specifically the letter addresses comments expressed by the ZBA/PC regarding the number of units, mix of one and two bedroom units, and parking (see attached EXHIBIT A.) RECOMMENDATION: Staff continues to believe that the proposed development is consistent with the intent and vision expressed by the recently adopted 2014 Downtown Master Plan and is in compliance with the requirements for special use and preliminary planned unit developments. Staff is therefore recommending APPROVAL of the petitioner s request for a comprehensive plan amendment as defined in EXHIBIT B 2, special use permit approval for a preliminary planned unit development for a four

55 Cases No Z Walker Avenue page 2 Special Use Permit for a Planned Unit Development January 21, 2016 (Public Hearing continued from October 15, 2015 and December 17, 2015) (4) story, mixed use development consisting of a single building containing first floor commercial, thirty five (35) apartment units and seven (7) Live/Work apartment units with assigned parking as described on EXHIBIT C Preliminary PUD Document Set and EXHIBIT D Proposed Zoning Departures, subject to the Findings of Fact listed in EXHIBIT E, and the following conditions: 1. Prior to Village Board consideration of the Downtown Design Review Commission s recommendation for Level 3 Downtown Design Review approval, the petitioner shall submit plans for Staff approval having been revised to meet the conditions set by Downtown Design Review Commission held on October 27, Prior to the issuance of a building permit, the petitioner shall be required to make cash in lieu of park and school land donations of $2, per 1 bedroom unit and $3, per 2 bedroom unit. 3. Prior to the issuance of a building permit, the petitioner shall be required to make a cash in lieu of parking in the amount of $204,000 ($12,000 x 17 parking spaces). 4. Prior to the issuance of a building permit, the petitioner shall be required to make a cash contribution of $10,000 to be used by the Village in the design and construction of a unified parking lot on private properties between the alley and retail buildings along South Prospect Avenue. 5. Prior to the issuance of a certificate of occupancy, the petitioner shall attract and establish a car share program in downtown Clarendon Hills. 6. Final Engineering Plans shall include the reconstruction of the alley between Railroad and Walker Avenues. 7. Final Engineering Plans shall include the relocation of the overhead utility poles running along the alley in compliance with the village municipal code. Utility service lines serving from the overhead lines to the building shall be located underground per section (13) of the village municipal code. Community Development Department t One North Prospect Avenue, Clarendon Hills, Illinois f

56 Pine Grove Partners, LLC 1509 W Berwyn Avenue Suite 201A Chicago, IL VIA January 14, 2016 EXHIBIT A Mr. Dan Ungerleider Village of Clarendon Hills Community Development Director One North Prospect Avenue Clarendon Hills, IL Dear Mr. Ungerleider In response to questions from the ZBA meeting of Thursday December 17, 2015 we have reviewed the proposed development for 5-23 Walker Avenue and continue to believe that the current unit mix and development intensity are appropriate for the market place and site in Clarendon Hills. Also, the parking ratios for the building are sufficient especially based upon the traffic report by KOLA, Inc dated October 7, The PUD process allows for a balance between public and developer benefits. The public benefits of this development are extensive and the additional costs to the developer to provide these public benefits, at $1,150,000 (about 10% increase in the total project cost of $10,000,000), are significant. Note also that the development requires no financial contribution or incentive by the Village. Public Benefit We offer the following observations regarding the public benefits and associated cost to the developer. The proposed development: Incorporates classic architectural design with a creative, market-driven commercial live/work space not found elsewhere in the community. Note that that the design of the building was intended to activate the streetscape along Walker and provide a pleasant pedestrian experience instead of having a garage wall along Walker. Creates a new open space plaza at Walker and Park Avenues. Estimated cost of the enlarged plaza is $42,000 and the estimated annual maintenance cost is $7,600. All costs to be borne by developer. Creates 5 additional new Village parking. Estimated cost is $6,200 and all costs to be borne by developer

57 Creates architecturally significant gateway to downtown and high quality exterior building materials to create luxury condo quality residences as approved by Downtown Design Review. Estimated additional cost to project is $720,000. Repaves the alley between Park and Railroad Avenue at a cost of about $18,000 to the developer. Contributes to alley improvement by contribution of $10,000 toward the Village s engineering expense and design for replacement of third party owned gravel lots Contributes $130,768 for school and park donations. Contributes Fee-in-lieu of Parking for 17 parking spaces to be used by the Village to acquire land, construct parking and make necessary improvement within the downtown area per Village code The cost for the fee in lieu for each parking space is $12,000 for a total of $204,000. Attracts Car Sharing Service (i.e. Zip Car) for Village. Cost to developer is subsidize first year is estimated to be $15,000-$20,000. Development Intensity To provide all of the public benefits and have a reasonable balance with developer benefits, we continue to feel that the development intensity is reasonable and that the building envelope needs to remain as proposed. We have reviewed the unit mix and again point out that the apartments are larger and have more two bedroom units than are typical. Greater development intensity will provide more affluent residents who can patronize the downtown businesses in Clarendon Hills and provide greater real estate and sales tax revenue. This concept has been observed by independent consultants to the Village: The Elher s. Inc. report to the Village and referred to in the DTMP Section C Economic Development identified that: Providing a strong local customer base is essential to maintain and grow a sustainable Downtown business environment Increased building heights can yield incremental cost savings for development Parking costs are a significant portion of development projects More taxable development resulting from building height equals more public revenues

58 In addition, during the Clarendon Hills retail panel discussion, from February 5, 2014, the real estate professionals on the panel agreed that: Additional residential [developments] would provide vitality to the downtown Residential projects are likely to be more successful than other types of projects to fill vacant or underdeveloped properties in the downtown area Increasing the intensity or density of development [would] incrementally increase foot traffic in the downtown Parking In the comprehensive parking report prepared by KOLA, the detailed report noted that the proposed parking ratio is sufficient for the demand of the proposed development and should have minimum negative impact on the surrounding downtown properties. KOLA has considered previous parking surveys for similar projects within close proximity to transit stations and found that they had an average peak parking demand of 0.95 off-street parking spaces per unit. Increased Real Estate Tax Revenue The real estate tax revenue is expected to increase from the current $10,000 per year to almost $275,000 per year. In a 10 year period this is almost $3,000,000 of additional tax revenue which benefits the schools and residents. Thank you for your continued consideration of this development which we believe is thoughtful and appropriate for the Village. We ask for approval by the Clarendon Hills ZBA. Sincerely, Brad Smith Managing Member 9-23 Walker Avenue LLC

59 SOUTHWEST PERSPECTIVE 1

60 WEST PERSPECTIVE 2

61 LANDSCAPE 3

62 Cases No Z Walker Avenue page 9 Special Use Permit for a Planned Unit Development January 21, 2016 (Public Hearing continued from October 15, 2015 and December 17, 2015) Page 5 Page 6 EXHIBIT B 1 (EXISTING 2014 DTMP EXHIBIT C) Community Development Department t One North Prospect Avenue, Clarendon Hills, Illinois f

63 Cases No Z Walker Avenue page 10 Special Use Permit for a Planned Unit Development January 21, 2016 (Public Hearing continued from October 15, 2015 and December 17, 2015) EXHIBIT B 2 (PROPOSED DTMP EXHIBIT C) Community Development Department t One North Prospect Avenue, Clarendon Hills, Illinois f

64 Cases No Z Walker Avenue page 11 Special Use Permit for a Planned Unit Development January 21, 2016 (Public Hearing continued from October 15, 2015 and December 17, 2015) EXHIBIT C Preliminary PUD Document Set a. Aerial Map, prepared by FitzGerald Associates Architects, dated 10/27/2015 b. South Perspective Elevation (Sheet G2 1), prepared by FitzGerald Associates Architects, dated 10/27/2015 c. West Perspective Elevation (Sheet G2 2), prepared by FitzGerald Associates Architects, dated 10/27/2015 d. View Corridors (Sheet G2 3), prepared by FitzGerald Associates Architects, dated 10/27/2015 e. Exterior Elevations (Sheet G3 1 and G3 2), prepared by FitzGerald Associates Architects, dated 10/27/2015 f. Elevation Detail (Sheet G 3 3), prepared by FitzGerald Associates Architects, dated 10/27/2015 g. Boundary and Topographic Survey, prepared by Professionals Associates Survey, dated 6/25/2015 h. Site Demolition Plan (Sheet C1 0), prepared by FitzGerald Associates Architects, dated 10/27/2015 i. Site Geometry & Utility Plan (Sheet C2 0), prepared by FitzGerald Associates Architects, dated 10/27/2015 j. Site Grading and Paving Plan (Sheet C3 0), prepared by FitzGerald Associates Architects, dated 10/27/2015 k. Open Space, prepared by Upland Design, dated 10/27/2015 l. Proposed Landscape Site Plan/Materials, prepared by Upland Design, dated 10/9/2015 m. Site Plan (Sheet A1 0), prepared by FitzGerald Associates Architects, dated 10/27/2015 n. Floor Plans (Sheet A1 1 through A1 4), prepared by FitzGerald Associates Architects, dated 10/27/2015 o. Traffic and Parking Study, prepared by KLOA, dated 10/7/2015 p. Narrative of the Proposed PUD, prepared by 9 23 Walker Avenue, 10/1/2015 q. Letter, prepared by Pinegrove Partners, dated 12/10/2015 Community Development Department t One North Prospect Avenue, Clarendon Hills, Illinois f

65 Cases No Z Walker Avenue page 12 Special Use Permit for a Planned Unit Development January 21, 2016 (Public Hearing continued from October 15, 2015 and December 17, 2015) EXHIBIT D PROPOSED ZONING DEPARTURES Applicable zoning ordinance section C (1) Minimum Zoning Lot Area per Unit C (1) Total Residential Units C Building Height B (4) Residential Parking B (12) General Commercial Parking C (1) Residential Use Permitted Used Standard Departures/Deviations proposed under the provisions of a Planned Unit Development Note 1,500 Square Feet per Unit 548 Square Feet per Unit Increased unit count supports a larger downtown customer base, increased tax base, better site and building design, and related improvements/public benefit (ie plaza, alley reconstruction, etc) 15 Units 42 Units Same as above 40 Feet Feet (includes elevator overrun) The proposed building, being five feet taller than the ordinance standard, is designed in context with the adjacent buildings to the north, west and east. A majority of the fourth floor is stepped back from the buildings face unlike its counter parts at 1 and 4 Walker 63 Parking Spots 42 Parking Spots According to the parking and traffic study provide by the applicant, the parking provided will adequately service the proposed development given its proximity to the community train station. In addition study confirms that there is sufficient public parking opportunities if needed for guest parking. Number of parking spots 0 Parking Spots Parking not required for typical commercial given the size of the depends on specific use proposed commercial space facing Park Avenue. Not permitted on First Floor Permitted on First Floor While it is not the intent of the ordinance to permit residential units to extend on the first floor of the building, the proposed development includes live/work units along Walker Avenue to introduce potential commercial activity on Walker Avenue, thus meeting the basic intent of this requirement Community Development Department t One North Prospect Avenue, Clarendon Hills, Illinois f

66 Cases No Z Walker Avenue page 13 Special Use Permit for a Planned Unit Development January 21, 2016 (Public Hearing continued from October 15, 2015 and December 17, 2015) STAFF EXHIBIT D (continued) PROPOSED DEVIATIONS AND DEPARTURES Applicable zoning ordinance section Permitted Used Standard B Home Occupation Except for daycare homes, no separate entrances for home occupation Departures/Deviations proposed under the provisions of a Planned Unit Development Allow construction of separate entrance for home occupation Note Same as above C Except for daycare homes, home occupation shall not occupy more than four hundred (400) square feet in one room of the dwelling D Allows employees of the home occupation who work within the dwelling to be limited to members of the family residing in the dwelling and who make the dwelling their principal residence. Allow home occupation to occupy no more than 450 square feet in one room of the dwelling Allow employees who do not live in the dwelling to work for home occupation business E No sign display permitted Permit commercial signage on first floor near the entrance door not to exceed 24 x F Except for daycare homes, restricts parking of any vehicles associated with the home occupation on village streets and permits not more than two client vehicles parked simultaneously on the parking lot where the home occupation operates Permit parking of vehicles associated with the home occupation on village streets and more than two permitted in the parking lot Same as above Same as above Allows for signs to be displayed on Walker Avenue in keeping with the desired commercial character of Walker Avenue. Proposed provision to accommodate additional daytime parking resulting from daytime commercial parking, consistent with other locations in the downtown. Community Development Department t One North Prospect Avenue, Clarendon Hills, Illinois f

67 1 N. Prospect Avenue Clarendon Hills, Illinois EXHIBIT E Special Use Permit Findings 1. The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare of the Village. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposed already permitted, or substantially diminish or impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zoning district. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been, or are being provided. 5. Adequate measures have been, or will be, taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall, in all other respects, conform to the applicable regulations of the zoning district in which it is located. Additional Planned Unit Development Standards Finding 1. The entire property for the PUD is under unified ownership or control. 2. There is no minimum lot size in the B 2 Retail Business District, therefore the property complies with applicable area standards. 3. Covenants, deed restrictions, easements, and similar restrictions to be recorded in connection with the PUD, if any, shall be provided as part of the final PUD plan conforming to the conditions for covenants in the PUD provisions of the Zoning Ordinance. 4. The primary purpose of the Downtown Master Plan is to encourage downtown public and private investment provided that such investment protects or creates evolving/gradual change, small town charm, more retail choices, unique draw or destination, services for local residents, a family friendly atmosphere, safe pedestrian circulation, and active living with photogenic, vibrant, progressive/self sustaining pleasant spaces. Therefore, the PUD conforms to the intent and spirit of the Comprehensive Plan and the Downtown Master Plan. 5. The intent of the maximum number of stories designation by the 2014 Downtown Master Plan is to limit the number of maximum stories a building can be built at right, subject only to Downtown Design Review approval. The amendment to the 2014 Downtown Master Plan increasing the maximum number of stories from three (3) to four (4) stories for this PUD conforms with the intent of the village PUD standards and the Downtown Master Plan. 6. The PUD includes the provision of a fee in lieu of park and school site land donation, pursuant to Chapter 52 of the Village Code. 7. The PUD includes development includes the reconstruction of the existing alley and relocation of utility poles between Railroad and Park avenues. 8. The PUD includes the reconstruction of the adjacent streetscape within the public rights of way along Park and Walker Avenues, including a unified public/private corner plaza, as part of the development of the Subject Realty. 9. The PUD will result in a significant increase in property tax revenue for the Village. The existing property is assessed as a vacant, unimproved property. 10. The PUD will comply with village and county stormwater management standards. The existing property does not.

68 SUBJECT Page 15 January 7, The development will increase the customer base located in the downtown, which will help to support existing business and attracting more retail choices to the downtown. 12. The PUD includes the development of a unified public/private plaza at the northwest corner of the property at Park and Walker Avenue. 13. The PUD includes a $204,000 fee in lieu of parking for use by the village to acquire land, construct parking and make other necessary improvements within the downtown area as defined by the Downtown Master Plan. 14. The PUD includes a $10,000 contribution to assist the Village with the design and construction of a unified parking lot on private properties between the alley and the retail buildings along South Prospect Avenue. 15. The PUD provides opportunity for a variety of commercial spaces activating the street along Park Avenue and Walker Avenue. 16. The PUD requires no financial contribution or incentive by the Village.