ORDINANCE NO. O

Transcription

1 ORDINANCE NO. O AN ORDINANCE APPROVING A REVISED PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN AND A PRELIMINARY PLAT OF SUBDIVISION; CONDITIONAL RE-DESIGNATION OF LAND USES ON CANTERA SUBAREA C, LOT C-2; AND CONDITIONAL APPROVALS OF SITE SPECIFIC AMENDMENTS TO THE CANTERA DEVELOPMENT CONTROL REGULATIONS AND GENERAL SITE PLAN DOCUMENTS, A VARIATION FROM SUBDIVISION CONTROL ORDINANCE AND OTHER RELIEF RIVERVIEW WEST FERRY ROAD) WHEREAS, Cantera Apartments, LLC ( Owner ), an Illinois limited liability company, is the owner of record of that certain real property consisting of approximately acres on lot C- 2 in Cantera Subarea C ( Lot C-2 ), commonly known as Ferry Road, Warrenville, Illinois, and legally described in Exhibit A ( Owner s Property ); and WHEREAS, Cantera Owners Association ( Association ), an Illinois not-for-profit corporation, is the owner of record of that certain real property consisting of 4.2 acres known as Outlot A in Cantera Subarea C, and legally described in Exhibit B ( Outlot A ) (collectively, the Owner s Property and Outlot A are referred to as the Property ); and WHEREAS, on January 25, 1991, the City approved Ordinance No ( PUD Ordinance ), which approved a planned unit development for approximately 650 acres of real property bounded by Warrenville Road on the north, Mill Street and West Street on the east, Commons Road and the McDowell Grove Forest Preserve on the south, and the West Branch of the DuPage River on the west, which is now commonly known as Cantera ( Approved PUD ), and the Property is located within Cantera and subject to the Approved PUD; and WHEREAS, on February 22, 1994, the City approved Ordinance No ( Cantera Development Regulations Ordinance ), which approved the Cantera Development Control Regulations ( Development Control Regulations ) and Cantera General Site Plan Documents General Site Plan Documents ), establishing the design and development standards for specific application to Cantera, including the standards and procedures for the approval of preliminary and final planned unit development plans; and WHEREAS, in October, 1995, the City approved Ordinance No ( Ordinance No ), which granted preliminary approval of planned unit development plans and a preliminary plat of subdivision for Cantera Subarea C, which approvals have subsequently expired; and WHEREAS, in November, 2006, the City approved Ordinance No. 2336, which vacated the unimproved section of the Torch Parkway right-of-way between the end of the improved portion of Torch Parkway at Kline Circle and the existing Ferry Road traffic signal located just east of the West Branch of the DuPage River ( Vacated Torch Parkway ); and WHEREAS, Owner desires to develop the Property as a mixed-use planned development consisting of five commercial buildings containing a total of approximately 35,550 square feet of floor area ( Commercial Buildings ), a 364-unit apartment building with interior parking garage Apartment Building ), and 60 three-story townhomes with 240 garage and driveway parking spaces ( Townhomes ) (collectively, the Commercial Buildings, the Apartment Building, and the Townhomes are the Proposed Development ) and John C. Schiess ( Applicant ) has submitted applications for the necessary approvals for the Proposed Development on behalf of the Owner; and 1

2 WHEREAS, in order to provide access from the end of the improved portion of Torch Parkway at Kline Circle to the existing Ferry Road traffic signal, the Owner and the Association, as applicable, will each dedicate portions of the Vacated Torch Parkway, which dedications are depicted on the Preliminary Plat of Subdivision, which is defined more specifically below Proposed Torch Parkway Dedication ); and WHEREAS, pursuant to Sections 7 and 8 and Table 2A of the Zoning Ordinance and Section III.C of the Development Control Regulations, and with the consent of the Owner and the Association, Applicant has requested approval of a revised preliminary planned unit development plan for the Proposed Development on the Property ( Revised Preliminary PUD Plan ); and WHEREAS, pursuant to Article 6 of the Subdivision Control Ordinance for the City of Warrenville ( Subdivision Control Ordinance ), and with the consent of the Owner and the Association, Applicant has also requested approval of a preliminary plat of subdivision to subdivide the Property into ( i) the Owner s Property into three lots of record: an approximately 4.4-acre Commercial Use Area ( Lot 1 ), an approximately 17.7-acre Multi-Family Use Area ( Lot 2 ), and an approximately 3.3-acre Multi-Family Use Area ( Lot 3 ); (ii) the approximately 3.9-acre Outlot A; (iii) and the approximately 3-acre Proposed Torch Parkway Dedication ( Preliminary Plat of Subdivision ); and WHEREAS, Applicant has also requested conditional approval of (i) text amendments to the Development Control Regulations and the General Site Plan Documents to add Multi-Family Use Area to the list of uses permitted within Cantera Subarea C ( Text Amendments ); (ii) land use redesignations pursuant to Section IV.C of the Development Control Regulations to redesignate Lot 1 as a Commercial Center Use Area and re-designate Lot 2, Lot 3, Outlot A, and the Proposed Torch Parkway Dedication as Multi-Family Use Areas ( Land Use Re- Designations ); (iii) major amendments to the Approved PUD to include the Revised Preliminary PUD Plan and associated documents ( Major PUD Amendments ); (iv) the use of a private street to provide access to the Apartment Building ( Private Street Approval ), in accordance with Section 1.e.1 of the Warrenville Zoning Ordinance ( Zoning Ordinance ); (v) a variation from the easement width requirements set forth in Section 7.01.B.11.f of the Subdivision Control Ordinance to eliminate the easement required only on Outlot A along the north-west edge of the Proposed Torch Parkway Dedication ( Variation ); and (vi) various site specific amendments from the Use Area Design Standards set forth in Section V of the Development Control Regulations and the Additional Standards for Uses and Structures set forth in Section VI of the Development Control Regulations ( Site Specific Amendments ) (collectively, the Text Amendments, the Land Use Re-Designations, the Major PUD Amendments, the Private Street Approval, the Variation, and the Site Specific Amendments are the Requested Conditional Relief ); and WHEREAS, pursuant to Section 8.F.4 of the Zoning Ordinance and Appendix D of the Development Control Regulations, the Text Amendments, Land Use Re-Designations, and Revised Preliminary PUD Plan constitute major amendments to the Approved PUD ( Major Amendments ); and WHEREAS, on September 7, 2017, the Plan Commission of the City of Warrenville ( Plan Commission ) held a public meeting to consider an initial version of the Revised Preliminary PUD Plan, the Preliminary Plat, and the Requested Conditional Relief ( collectively, the Requested Relief ); and WHEREAS, following the public meeting on September 7, 2017, the Applicant and Owner revised the application to address comments received at the public hearing and submitted a revised application requesting the Requested Relief; and 2

3 WHEREAS, a public hearing by the Plan Commission to consider the Requested Relief was duly published in the Daily Herald on November 22, 2017 and was convened on December 7, 2017 and continued to December 14, 2017 and December 21, 2017, during which hearing evidence and testimony was received by the Plan Commission; and WHEREAS, on December 21, 2017, the Plan Commission adopted Findings of Fact, Project Number , unanimously recommending that the Mayor and the City Council approve the Requested Relief; and WHEREAS, the Mayor and the City Council have determined that, subject to and contingent upon, the conditions, restrictions, and provisions of this Ordinance, the Revised Preliminary PUD Plan complies with the required standards for planned developments as set forth in Section 8 of the Zoning Ordinance and Section III of the Development Control Regulations and that the Preliminary Plat of Subdivision complies with the required standards for subdivisions as set forth in Article 6 of the Subdivision Control Ordinance; and WHEREAS, consistent with the Plan Commission recommendation, and pursuant to the City s power under applicable law, including its home rule powers under the Illinois Constitution of 1970, the Mayor and the City Council have determined that it is in the best interest of the City and the public to approve the Requested Relief, in accordance with, and subject to and contingent upon, the conditions, restrictions, and provisions of this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF WARRENVILLE, DUPAGE COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: Recitals. The recitals listed above are incorporated in this Ordinance as if fully set forth in this Ordinance. SECTION 2: Approval of Revised Preliminary PUD Plan. In accordance with Section 8 of the Zoning Ordinance and Section III of the Development Control Regulations, and subject to, and contingent upon, the conditions, restrictions, and provisions set forth in this Ordinance, including specifically, but without limitation, Sections 9 and 10 of this Ordinance, the Revised Preliminary PUD Plan for the Property, consisting of the following Exhibits C through N (referred to as the Revised Preliminary PUD Documents ), is hereby approved: A. The Proposed Site Plan, prepared by Baranyk Associates, Ltd, with a latest revision date of December 4, 2017, consisting of eight (8) sheets, a copy of which is attached as Exhibit C, and by this reference, made a part of this Ordinance ( Site Plan ). B. The Revised Elevations and Floor Plans, prepared by John Conrad Schiess, Ltd, with a latest revision date of December 21, 2017, consisting of four (4) sheets, a copy of which is attached as Exhibit D and, by this reference, made a part of this Ordinance; C. The Architectural Plans for Apartments at Riverview West, prepared by Baranyk Associates, Ltd, with a latest revision date of December 4, 2017, consisting of seven (7) sheets, a copy of which is attached as Exhibit E and, by this reference, made a part of this Ordinance; D. The Kline Circle Auto-turn Exhibit, prepared by Bollinger, Lach & Associates, Inc., with a latest revision date of July 19, 2017, consisting of one (1) sheet, a copy of which is attached as Exhibit F and, by this reference, made a part of this Ordinance; 3

4 E. The Landscape Plan, prepared by Lannert Group, with a latest revision date of December 4, 2017, consisting of three (3) sheets, a copy of which is attached as Exhibit G and, by this reference, made a part of this Ordinance ( Landscape Plan ); F. The Preliminary Engineering Grading Plan, prepared by Bollinger, Lach & Associates, Inc., with a latest revision date of July 19, 2017 consisting of five (5) sheets, copies of which are attached as Exhibit H and, by this reference, made a part of this Ordinance; G. The Preliminary Plat of Easement, prepared by United Survey Service, LLC, with a latest revision date of December 4, 2017, consisting of one (1) sheet, a copy of which is attached as Exhibit I and, by this reference, made a part of this Ordinance; H. The Preliminary Plat of Subdivision, prepared by United Survey Service, LLC, with a latest revision date of January 8, 2018, consisting of sheet one of three, a copy of which is attached as Exhibit J and, by this reference, made a part of this Ordinance ( Preliminary Plat ); I. The Preliminary Utility Plan, prepared by Bollinger, Lach & Associates, Inc., with a latest revision date of July 19, 2017, consisting of five (5) sheets, a copy of which is attached as Exhibit K and, by this reference, made a part of this Ordinance; J. The Townhomes Plans, prepared by John C. Schiess Architect, Ltd., with a latest revision date of December 4, 2017, consisting of four (4) sheets, a copy of which is attached as Exhibit L, and by this reference, made a part of this Ordinance; K. The Tree Preservation Plan, prepared by Lannert Group, with a latest revision date of December 4, 2017, consisting of two (2) sheets, a copy of which is attached as Exhibit M, and by this reference, made a part of this Ordinance; and L. The Riverview West Narrative, prepared by John C. Schiess Architect, Ltd., with a latest revision date of December 7, 2017, consisting of two ( 2) pages, a copy of which is attached as Exhibit N, and by this reference, made a part of this Ordinance/ collectively, Exhibits C through N are the Revised Preliminary PUD Documents ) SECTION 3: Approval of the Preliminary Plat of Subdivision. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in this Ordinance, including specifically, but without limitation, Sections 9 and 10 of this Ordinance, the Preliminary Plat of Subdivision for the Property, titled Preliminary Plat of Subdivision Cantera Sub-Area C, Lot 2 Subdivision, prepared by United Survey Service, LLC, with a latest revision date of December 4, 2017, and consisting of sheet one of three, a copy of which is attached as Exhibit J ( Preliminary Plat ), which contemplates the subdivision of the Property into (i) the Owner s Property into three lots of record: an approximately 4.4-acre Commercial Use Area ( Lot 1 ), an approximately acre Multi-Family Use Area ( Lot 2 ), and an approximately 3.3-acre Multi-Family Use Area ( Lot 3 ); (ii) the approximately 3.9-acre Outlot A; (iii) and the approximately three-acre Proposed Torch Parkway Dedication, shall be, and is hereby, approved. SECTION 4: Conditional Approval of Text Amendments to the Development Control Regulations. At the request of Applicant, and as part of the preliminary approval process for the Revised Preliminary PUD Plan, the City has considered, on a conditional and preliminary basis, certain text amendments to Subsection C, titled Controls Over the Location And Size of Areas, of Section IV, titled Use Area Regulations, of the Development Control Regulations and Exhibit A of the General Site Plan Documents of the Development Control Regulations to include 4

5 Multi-Family Use Area as a permitted use within Subarea C ( Text Amendments ). Subject to and contingent upon the conditions and restrictions set forth in Sections 9 and 10 of this Ordinance, and in accordance with Section III.C of the Development Control Regulations and Section 7.B of the Zoning Ordinance, the Text Amendments are hereby conditionally approved. SECTION 5: Conditional Approval of Land Use Re-Designations. At the request of Applicant, and pursuant to Section IV.C of the Development Control Regulations, the City has considered, on a conditional and preliminary basis, certain land use re-designations to designate Lot 1 as a Commercial Center Use Area and designate Lot 2, Lot 3, Outlot A, and the Proposed Torch Parkway Dedication as Multi-Family Use Areas ( Land Use Re-Designations ). Subject to and contingent upon the conditions and restrictions set forth in Sections 9 and 10 of this Ordinance, the Land Use Re-Designations are hereby conditionally approved. SECTION 6. Conditional Approval of Use of Private Street. At the request of Applicant, and as part of the preliminary approval process for the Revised Preliminary PUD Plan, the City has considered, on a conditional and preliminary basis, the use of a private north-south street located between Torch Parkway and Ferry Road, and as depicted on the Site Plan ( Private Street ). In accordance with Section 1.E.1 of the Zoning Ordinance and subject to and contingent upon the conditions and restrictions set forth in Sections 9 and 10 of this Ordinance, the use of the Private Street is hereby conditionally approved. SECTION 7: Conditional Approval of Certain Site Specific Amendments to the Standards Set Forth in the Development Control Regulations. At the request of Applicant, and as part of the preliminary approval process for the Revised Preliminary PUD Plan, the City has considered, on a conditional and preliminary basis, certain Site Specific Amendments to the standards set forth in the Development Control Regulations. In accordance with and pursuant to Section 8.C.5 of the Zoning Ordinance, Section III.B of the Cantera Development Control Regulations, and subject to the conditions and restrictions set forth in Sections 9 and 10 of this Ordinance, the following Site Specific Amendments are conditionally approved: A. Site Specific Amendments to the Design Standards within the Commercial Center Use Area: 1. Commercial Center Use Area Size. Reduce the minimum size of a Commercial Center Use Area, as provided in Section V.D.1 of the Development Control Regulations, from ten acres to 4.4 acres. 2. Space Required Between Buildings. Reduce the minimum space required between principal commercial buildings set forth in Section V.D.9.a of the Development Control Regulations from 40 feet to approximately 24 feet between Commercial Building number 2 and Commercial Building number 3 and Commercial Building number 3 and Commercial Building number 4, as depicted on the Site Plan (Exhibit C). 3. Front and Corner Side Yard Parking Setback. Reduce the minimum front and corner side yard parking setback required from centerline of the Private Street, as set forth in Section V.D.6.c, from 53 feet to 30 feet, as depicted on the Site Plan (Exhibit C). 5

6 Area: B. Site Specific Amendments to the Design Standards within the Multi-Family Use 1. Allowed Density of Dwelling Units Per Acre. Increase the maximum allowed density of multi-family units, as set forth in Section V.I.2 of the Development Control Regulations, from 15 dwelling units per acre to 21 dwelling units per acre. 2. Front and Corner Side Yard Setback. Reduce the minimum front and corner side yard building setbacks required from centerline of proposed local streets, as set forth Section V.D.6.c of the Development Control Regulations, from 63 feet to 35 feet for the east wall of the Apartment Building and to 50 feet for the front wall of all Townhomes. 3. Perimeter Building Setback. Reduce the minimum perimeter building setback requirement, as set forth in Section V.I.4.b of the Development Control Regulations, from 30 feet to 15 feet for the rear wall of all Townhomes and the east side of Townhome building number Rear Yard Building Setback. Reduce the minimum rear yard building setback requirement for attached single family dwellings, as set forth in Section V.I.4.e of the Development Control Regulations, from 30 feet to 15 feet for the rear wall of the Townhomes. 5. Space Required Between Townhouses. Reduce the minimum space required between the sides of townhouse buildings, as set forth in Section V.I.5.b(2) of the Development Control Regulations from 30 feet to 20 feet. 6. Space Required Between Multi-Family Buildings and Parking Areas. Reduce the minimum parking setback required between parking areas and multi-family buildings, as set forth in Section V.I.7.b(1) from 25 feet to 21 feet for the west end of the 21-space parking lot located at the southwest corner of the Apartment Building. 7. Number of Dwelling Units Permitted Per Floor and Per Building. Increase the maximum number of dwelling units allowed per floor in a multi-family building, as set forth in Section V.I.9.a, from eight to 96 and the total maximum number of dwelling units allowed in a multi-family building, as set forth in Section V.I.9.a, from 24 to Trim or Shutter Requirement Multi-Family Buildings. Eliminate the requirement, as set forth in Section V.I.9.e, that trim or shutters be used around doors and windows on the Apartment Building. 9. Trim or Shutter Requirement Townhomes. Reduce the trim or shutter requirements, as set forth in Section V.I.10.e, around doors and windows on the proposed Townhomes, subject to final approval of the City. 10. Front Door Design Requirements. Reduce the front door design requirements, as set forth in Section V.I.9.f and V.I.10.f, for the Apartment Building and the Townhomes, subject to final approval of the City. 11. Dormer and Chimney Requirements Multi-Family Building. Eliminate requirement for height modulations, including the addition of dormers and chimneys, for multi-family buildings, as set forth in Section V.I.9.i. 6

7 12. Chimney Requirement Townhouses. Eliminate the requirement to include chimneys for townhouse buildings, as set forth in Section V.I.10. C. Site Specific Amendments to the Additional Standards for Uses and Structures: 1. Parking Requirements for Multi-Family Buildings. Reduce the parking requirements for multi-family dwelling units set forth in Section VI.B.1 from two spaces for one-bedroom units, three spaces for two-bedroom units, and four spaces for threebedroom units to 1.27 spaces per bedroom. 2. Perimeter Landscaping. Reduce the 30-foot perimeter landscape area required around a multi-family development parcel to 15 feet adjacent to the east side to Townhome building number 60 and to 20 feet along the outside edge of the proposed Torch Parkway Dedication. SECTION 8: Conditional Approval of Variation. At the request of the Applicant, and as part of the preliminary planned development approval process, the Plan Commission has recommended approval of, and the City has considered, on a conditional and preliminary basis, a variation from Section 7.01.B.11 of the Subdivision Control Ordinance to waive the requirement for a ten-foot wide easement only on Outlot A along the north-west edge of the Torch Parkway Dedication ( Variation ). Subject to and contingent upon the conditions, restrictions, and provisions of this Ordinance, including, without limitation, the conditions set forth in Sections 9 and 10 of this Ordinance, the Variation is hereby conditionally approved. SECTION 9: Conditions. Notwithstanding any use or development right that may be applicable or available pursuant to the provisions of the Development Control Regulations, the City Code, the Zoning Ordinance, or the Subdivision Control Ordinance or any other rights the Applicant may have, the approvals granted in Sections 2, 3, 4, 5, 6, 7 and 8 of this Ordinance are hereby expressly subject to and contingent upon the conditions, concepts, restrictions, limitations, and provisions set forth in this Section (collectively, the "Conditions"). A. Standard Conditions. 1. Compliance with Regulations. The redevelopment, use, operation, and maintenance of the Property shall comply with all applicable City codes and ordinances, including the Development Control Regulations, as the same have been or may be amended from time to time, except to the extent specifically provided otherwise in this Ordinance. 2. Submission of the Final Development Plan and the Final Plat. Within the applicable timeframe provided in Section 2.B.8.c(4) of the Zoning Ordinance, the Applicant shall work diligently and do all work necessary to apply for and present to the City a final planned development plan for the Proposed Development on the Property ( Final PUD Plan ) and a final plat of subdivision ( Final Plat ), which shall be in substantial conformance with the Revised Preliminary PUD Plan and the Preliminary Plat, respectively, and otherwise comply with the provisions of the Zoning Ordinance, Section III of the Development Control Regulations, the Subdivision Control Ordinance, and the Conditions set forth in this Section. The Final PUD Plan and the Final Plat must be approved by ordinance pursuant to Section III of the Development Control Regulations and Appendices A, B, C, and D to the Development Control Regulations and the Subdivision Control Ordinance prior to issuance of any demolition or building permits for any development on the Property. The redevelopment, use, operation, and maintenance of the Property shall comply with the ordinance approving the Final PUD Plan and the 7

8 Final Plat except for minor changes and site work approved in accordance with all applicable City ordinances and standards. B. Compliance with Preliminary Engineering Plan Review Memo. The Final PUD Plan and the Final Plat shall comply with and address the review comments and requests contained in the Preliminary Engineering Plan Review Memo prepared by James J. Benes and Associates, Inc. and dated December 7, 2017, attached as Exhibit O and, by this reference, made part of this Ordinance. C. Conditions Relating to the Townhomes (Lot 2): 1. Every other Townhome building shall contain four or less units. The maximum number of Townhome units per building shall be six. 2. Townhome buildings shall be constructed to satisfy energy star certification requirements or a City-approved equivalent energy efficiency rating system. 3. Lot 3 as shown on the Preliminary Plat should be reconfigured so its south and east perimeter generally follows the high water line of the adjacent retention pond. 4. The following minimum building setbacks shall be required and provided: a. Front: 20 feet; b. Interior Side to Side: 20 feet between buildings; c. East Side of Building 60, as depicted on the Site Plan (Exhibit C): 15 feet; d. Corner Side Adjacent to N-S Internal Private Drive (buildings 46 and 47 as depicted on the Site Plan (Exhibit C)): 25 feet from back of curb; and e. Rear: 15 feet from high water line (HWL) of adjacent detention pond and 45 feet from the normal water line (NWL) of the adjacent detention pond. 5. The Applicant and Owner must prepare and submit a permitted encroachments exhibit similar to what the City approved for the MI Homes Herrick Woods Project as part of the Final PUD Plan application process for this component of the project, which will be subject to City review and approval. Unless otherwise approved as a minor amendment during the Final PUD Plan review process, the maximum permitted encroachments into minimum required building setbacks must be as follows: a. Eaves: one foot; b. Patios: ten feet; c. 2nd floor deck/terrace: six feet; d. Front and side covered entrance step, stoop and eave: four feet; e. Box bay windows and eave: three feet; and f. Six-foot tall, maintenance free, privacy fencing and/or privacy landscaping shall be provided between adjacent attached units on the rear façade of the buildings. Said fencing shall not project more than eight feet from the rear wall of the individual building units. 6. Unless otherwise approved as part of the Final PUD Plan review process, the Townhome building elevations included with the Final PUD Plan should be generally consistent with the submitted Revised Preliminary PUD Plan and must incorporate the following design features: a. Architectural grade shingles; b. Metal roof elements over entrance porches and above bay/box window elements; 8

9 c. Fiberboard cement siding and trim; d. Stone accents; e. Several complementary exterior siding/brick/stone color schemes so adjacent building do not have same exterior color scheme; f. Window panels in top section of garage doors; g. Rear elevations consistent in design and interest as front/site elevation drawings and renderings; h. Minimum eight-foot wide ( measured perpendicular to the rear building wall) by 12-foot long (measured parallel to the rear building wall) brick or concrete patios; and i. Minimum of six-foot wide ( measured perpendicular to the rear building wall) by 12-foot long (measured parallel to the rear building wall) second story balconies. D. Conditions Relating to the Apartment Building (Lot 2): 1. As part of the Final PUD Plan, the surface parking lot that serves the Apartment Building must be located on Lot The Applicant s Final PUD Plan submittal for Lot 2 of the Proposed Development shall incorporate the following additional design elements: a. A snow disposal chute in the Apartment Building parking deck; b. Additional window openings and fenestration on the large blank brick and cementitious end walls of the Apartment Building; c. Bicycle racks; and d. The design of the south end of the large Apartment Building surface parking lot shall be redesigned to allow vehicles to circulate between the three different banks of parking. E. Conditions Relating to the Commercial Buildings (Lot 1): 1. All parking banks must include paved areas that allow cars to back out of parking spaces and move forward efficiently. This will require the south end of the parking banks along the west side of Commercial Building number 1, as depicted in the Site Plan, and the east side of Commercial Building number 4, as depicted in the Site Plan, to be modified. 2. Increase the width of the landscape peninsulas at each building corner adjacent to the access drives to the service/garbage areas and reduce the width of the service drive pavement in this area from 24 feet to no more than 16 feet. Consider an even narrower pavement width if still functional. 3. Provide a masonry screening wall with a solid gate between Commercial Buildings number 2 and number 3 and between Commercial Buildings number 3 and 4 along the north and south edge of the dumpster/service areas, all as depicted on the Site Plan, sufficient in height to screen their view from both Ferry Road and the internal eastwest private parking drive aisle located between the Commercial Buildings and the Apartment Building. 4. If a drive-through lane is incorporated into the final design of commercial Lot 5, its south edge must be setback a minimum of 40 feet from the Ferry Road property line. 9

10 5. Unless otherwise approved as part of the Final PUD Plan process, the maximum amount of commercial space shall be dictated by the total number of commercial parking spaces provided and standard parking requirements set forth in the Development Control Regulations. 6. Given the prominent location of the proposed Commercial Buildings along Ferry Road, the Applicant s Final PUD Plan application for this section of the Proposed Development shall include detailed architectural standards and sign criteria that will insure these buildings and their signage will be high quality and attractive from both the internal access roads and Ferry Road. Prepare and submit detailed architectural building standards and sign guidelines similar to those the City approved in City Ordinance No for Cantera Subarea I. 7. Bicycle racks shall be provided for each Commercial Building. F. Conditions Related to Landscaping. 1. Proposed detention pond tree plantings must be located as far away as possible from the normal water line. All tree plantings proposed below the high water line shall be species that are tolerant of wet conditions such as, but not limited to, River Birch, Swamp White Oak, and Bald Cypress. 2. Additional and perennial plantings, the amount of which will be subject to final approval by the City, are required along the Ferry Road frontage of the commercial area to screen service areas and drive-thru lanes. 3. Street tree plantings along Torch Parkway shall be setback a minimum of four feet from the back of curb and edge of sidewalk. In order to satisfy this requirement along the south and east sides of Torch Parkway, the street trees must be planted on the private property side of the public sidewalk; to allow sufficient to do so, the public sidewalk should be shifted in the right-of-way so as to be 3.5 feet behind the curb for Torch Parkway. 4. The Final PUD Plan must include landscape calculations confirming compliance with applicable Development Control Regulations requirements. 5. The landscape peninsulas located in the rows of parking along the north side of the commercial buildings should contain a minimum nine foot wide area of landscaping. This will require the proposed peninsula cross-walks to be redesigned and expanded in order to accommodate both the required landscaping and the sidewalk. 6. Detailed landscape plans shall be provided as part of the Final PUD Plan. 7. An irrigation system in compliance with Section VI.C.6 of the Development Control Regulations shall be provided and depicted on the revised Landscape Plan. 8. Applicant and Owner must obtain all necessary easements, rights-ofaccess, and other rights in the land as are necessary in order to construct and install the required landscaping, trail, retaining wall, and storm sewer improvements on Outlot A, as depicted on the Landscape Plan and the final engineering plans, when approved, ( Outlot A Improvements ) as well as written documentation that the Association will maintain the Outlot A Improvements after such improvements have been inspected and approved by the City. 10

11 G. Miscellaneous Conditions. 1. Cross section of North-South Private Street. Reduce the North-South Private Street road pavement width to 24 feet edge-to-edge north of the left turn lane on the North-South Private Street southbound approach to the commercial road. 2. Proposed Torch Parkway Dedication. Provide written confirmation that the Association agrees to complete the Proposed Torch Parkway Dedication. 3. Torch Parkway/Kline Circle Intersection. Subject to final approval by the City, the following revisions should be made regarding the Torch Parkway/Kline Circle Intersection: a. Replace the west leg/approach left-turn lane with a 25 foot long raised landscaped median. The raised median on the west approach will present access issues for the two easternmost townhouse units. If the median is limited to 25 feet in total length, full access to the second unit potentially could be preserved. An AutoTURN analysis shall be prepared and submitted to confirm if either of the driveways would be accessible. The analysis would allow the City to determine, during the Final PUD Plan approval process, if one or possibly both units would need to be eliminated. b. Restripe the east leg/approach to remove the left turn lane and replace it with a diagonally striped flush median. c. Refine the design of the Torch Road median taper on the west leg/approach to Kline Cr. Intersection. The taper length potentially could be reduced, allowing for additional on-street parking closer to the easternmost townhouse units. 4. Detailed Detention Pond Design Requirements. Either design the proposed detention ponds to comply with the Retention Facility Design Criteria contained in Section of the City Code or request Plan Commission/Oversight Committee approval of specific relief from these requirements. 5. Cross Access Easements. Cross access easements shall be provided on the Final Plat and other related documents sufficient to allow vehicles and pedestrians to legally cross between the various proposed lots. 6. Covenants and Other Real Estate Documents. The final set of covenants and other real estate documents for the Proposed Development should clearly identify the parties responsible for constructing and maintaining the various landscaping and stormwater improvements throughout the Proposed Development, including, without limitation, the landscaping within the right-of-way for the Proposed Torch Parkway Dedication and the Outlot A Improvements, without impairing any rights that other owners may have for drainage or other services on Outlot A. 7. School District Boundary. Prior to submitting a Final PUD Plan for application for any portion of the Proposed Development, the Applicant shall work with School District 200 and 203 to pursue an agreement that would allow students from all residential units in the Proposed Development to attend School District 200 schools. The school district boundary line shall be clearly shown on the Site Plan submitted as part of the Final PUD Plan for the Proposed Development. 8. Storm Sewer Calculations. Proposed storm sewer computations should include hydraulic grade line calculations for the 100-year storm event and the detention 11

12 pond backwater effect on the storm sewer inlets. Specific analysis should be done on Ferry Road, the proposed drainage swale inlets along the river side of Torch Parkway, and any location in which the flow line of the inlet is lower than the overflow elevation of the ponds, and included as part of the Final PUD Plan. SECTION 10. Effect of Approvals. A. Effect of Revised Preliminary PUD Approval and Preliminary Plat Approval. Unless otherwise approved by the Corporate Authorities, the approval of the Revised Preliminary PUD Plan in Section 2 of this Ordinance and the approval of the Preliminary Plat in Section 3 of this Ordinance shall not be deemed or interpreted as authorizing or entitling the development or the improvement of the Property in any manner whatsoever unless and until the Corporate Authorities approve, by ordinances duly adopted, ( 1) a Final PUD Plan for the Property in accordance with and pursuant to the procedures and provisions in Section 8 of the Zoning Ordinance and Section III of the Development Control Regulations; (2) a Final Plat for the Property in accordance with and pursuant to the procedures and provisions in Article 6 of the Subdivision Control Ordinance; and ( 3) the Requested Conditional Relief as final, approved relief. The Corporate Authorities shall have no obligation to approve either the Final PUD Plan, the Final Plat, or the Requested Conditional Relief as final relief unless and until the Applicant: 1. complies with the applicable procedures for submission, review, and approval of the Final PUD Plan and the Final Plat; 2. prepares and submits for review and approval a Final PUD Plan that, at a minimum, codifies and incorporates each and all of the Conditions set forth in Section 9 of this Ordinance; 3. prepares and submits for review and approval by the City Engineer the final engineering, which plans shall, at a minimum codify and incorporate each and all of the conditions set forth in Section 9 of this Ordinance; and 4. executes, at the request and option of the City, one or more development agreements with the City prepared and approved by the City Attorney providing for the use and development of the Property in accordance with the Final PUD Plan and other specified conditions and restrictions set forth in the development agreement Development Agreement"). Such Development Agreement may be executed by the Applicant or its successor entities or direct affiliates. In the event that the foregoing conditions for approval of a Final PUD Plan and a Final Plat are not satisfied, and the Mayor and the City Council have not adopted an ordinance approving a Final PUD Plan and an ordinance approving a Final Plat, before the deadline for submitting a Final PUD Plan as provided in Section 2.B.8.c(4) of the Zoning Ordinance, the approvals in this Ordinance shall be null and void and of no force or effect. B. Effect of Approval of the Requested Conditional Relief. Unless otherwise approved by the Corporate Authorities, the preliminary and conditional approval of the Requested Conditional Relief by the Corporate Authorities in this Ordinance shall not be deemed or interpreted as authorizing or entitling any of the improvements contemplated by the Requested Conditional Relief to be constructed, to exist, or to operate on the Property in any manner whatsoever unless and until the Corporate Authorities adopts an ordinance approving the Final PUD Plan and Final Plat and approving the Requested Conditional Relief as final relief in accordance with and pursuant to the procedures and standards for granting the Requested 12

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14 LIST OF EXHIBITS: EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N EXHIBIT O LEGAL DESCRIPTION OF THE OWNER S PROPERTY LEGAL DESCRIPTION OF OUTLOT A PROPOSED SITE PLAN REVISED ELEVATIONS AND FLOOR PLANS ARCHITECTURAL PLANS FOR APARTMENTS AT RIVERVIEW WEST KLINE CIRCLE AUTO-TURN EXHIBIT LANDSCAPE PLAN PRELIMINARY ENGINEERING GRADING PLAN PRELIMINARY PLAT OF EASEMENT PRELIMINARY PLAT OF SUBDIVISION PRELIMINARY UTILITY PLAN TOWNHOMES PLANS TREE PRESERVATION PLAN RIVERVIEW WEST NARRATIVE PRELIMINARY ENGINEERING PLAN REVIEW MEMO 14