File #: 23-0689C    Version: 1
Type: Public Hearing Status: Agenda Ready
File created: 7/12/2023 In control: Planning and Zoning Commission
On agenda: 7/19/2023 Final action: 7/19/2023
Title: Conduct the public hearing to consider the requested entitlements for 27W280 Bauer Road (Mill & Bauer Townhomes) - PZC 23-1-006
Attachments: 1. Responses to Standards-REVISED, 2. Site Plan-REVISED, 3. Landscape Plan-REVISED, 4. Elevations-REVISED, 5. Petition for Development, 6. Petition for Annexation, 7. Legal Description, 8. Annexation Plat, 9. Pre-Final Subdivision Plat, 10. Tree Preservation, 11. Traffic Study, 12. Photometric Plan, 13. Final Engineering, 14. Public Comment, 15. Public Comment - After Plan Revision
Related files: 23-0689, 23-0689B

PLANNING AND ZONING COMMISSION AGENDA ITEM

 

ACTION REQUESTED:
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Conduct the public hearing to consider the requested entitlements for 27W280 Bauer Road (Mill & Bauer Townhomes) - PZC 23-1-006

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DEPARTMENT:                     Transportation, Engineering and Development

 

SUBMITTED BY:                     Gabrielle Mattingly, AICP, Project Manager

 

ENTITLEMENTS REQUESTED:

1.                     A petition for annexation into the City of Naperville;

2.                     Rezoning from R-3 (Single-Family Residence District) in DuPage County to TU (Transitional Use District) in the City of Naperville upon annexation;

3.                     A Preliminary/Final Plat of Subdivision; and

4.                     A variance to Section 6-7I-5:2 in the TU zoning district to permit 10 single family attached dwelling units (townhomes).

 

BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC 23-1-006 was published in the Naperville Sun on Sunday, July 2, 2023. 

 

BACKGROUND:

The subject property is located at the northeast corner of Mill Street and Bauer Road and is approximately 39,069 square feet in size. The property is currently unincorporated in DuPage County and is improved with a single-family home.

 

June 7, 2023 PZC Meeting

On June 7th, the PZC opened the public hearing for PZC 23-1-006. City staff and the petitioner introduced the case and provided an overview of the requested entitlements. Four members of the public spoke in opposition to the proposal raising concerns with traffic, density, proposed rezoning, architectural style of the buildings, snow removal, garbage pickup, and the amount of guest parking provided. A member of the Petitioner’s team noted that the snow removal would be handled by a maintenance company. Staff noted a private waste service would collect the garbage for the site given it is on a private road. The PZC discussed the proposed rezoning to the TU district and questioned whether the density variance request met the variance standards and proved a hardship. Following feedback from the Planning and Zoning Commission, the Petitioner requested the case be continued to the June 21, 2023 Planning and Zoning Commission meeting. 

 

June 21, 2023 PZC meeting Canceled

Prior to the June 21, 2023 Planning and Zoning Commission meeting, the City received a request from the Petitioner to remove this case from the agenda, effectively canceling the June 21st meeting, in order to allow the Petitioner additional time to revisit the development plans. The Petitioner was required to provide new public notice in order to reschedule the case for the July 19th PZC meeting.

 

Plan Revisions

The Petitioner has submitted modified plans following feedback from the PZC at the June 7, 2023 meeting. The revisions to the plans include:

 

                     A reduction to the number of units from 12 dwelling units to 10 dwelling units.

                     An increase to the number of guest parking spaces from 3 to 4 parking spaces.

                     Clarification that the residents will place their trash/recycle containers adjacent to the north curbline of the 26’ drive aisle on trash pick-up days. Note: Given the proposed dwelling units are accessed from a private roadway, private collection services are required. 

                     A revision to the landscape plan to accommodate snow removal along the north side of the property.

                     An update to the building elevations to depict a 3-unit building and a 7-unit building.

 

Upon review, staff recommends approval of the proposal subject to the following conditions:

                     Hardscape areas must be provided adjacent to the guest parking spaces for placement of the garbage/recycle containers to improve the logistics of the garbage pickup for the residents and reduce negative impacts to proposed landscaping.

                     The proposed drive aisle is required to be extended up to the eastern property line to allow for the lots to the east to have a connected drive aisle in the future.

                     Screening must be provided around the proposed AC units. The screening must conceal the units on all four sides to full height of the unit. This will effectively shield the units from view.

                     The proposed buildings must comply with the 50% masonry requirements per Section 5-2C-3 (Exterior Wall Construction).

 

DISCUSSION:

The Petitioner, Mill & Bauer, LLC, who is the contract purchaser, has submitted a petition to annex 27W280 Bauer Road into the City of Naperville. Upon annexation, the Petitioner is requesting rezoning to TU, a preliminary/final plat of subdivision, and a density variance request in order to develop the property with 10 townhome units. The dwelling units will be rental townhome units and the owner will take care of all exterior maintenance, landscaping and any necessary snow removal.

 

Annexation and Preliminary/Final Plat of Subdivision

The subject property consists of ten lots. The Petitioner has submitted a request to consolidate the existing lots and to establish cross access and utility easements. The Petitioner has also submitted a request for annexation in the City; the properties are contiguous and eligible for annexation. 

 

The Petitioner’s annexation and subdivision requests are not reviewed by the Planning and Zoning Commission, but information on the requests is provided for reference. The annexation will be reviewed by the City Council at a subsequent meeting date. The preliminary/final plat of subdivision complies with all technical requirements and is administratively approved by staff.

 

Rezoning to TU (Transitional Use District)

The Land Use Master Plan identifies the future land use of the property to be City Corridor. The City Corridor designation recommends B2, B3, OCI, and TU zoning districts. The Petitioner is requesting this property be zoned TU upon annexation. The TU zoning district is intended to serve as a mixed-use transitional area between low-density residential neighborhoods and other more intensive uses such as an arterial roadway or a business district. Properties are intended to be developed with low-intensity office, service, and residential uses that are designed in a manner compatible with the adjacent residential neighborhoods.

 

A variety of zoning districts and land uses are adjacent to the subject property:

                     The property to the north is Nike Park which is zoned R1 (Low Density Single-Family Residence District).

                     The properties to the east and to the south (across Bauer Road) are located in unincorporated DuPage County and are zoned R-3 single family. The property to the south is Mayneland Farmstand.

                     The property to the west (across Mill Street) is Truth Lutheran Church and Everleigh Naperville (fka Avenida). Both properties are zoned OCI (Office, Commercial, and Institutional District).

                     The property to the southwest is zoned R3A PUD (Medium Density Multiple-Family Residence District Planned Unit Development) and is improved with single family attached townhomes (Cress Creek Townhomes).

 

Findings of Fact

Staff finds the TU zoning district designation to be appropriate given the properties adjacency to a minor arterial roadway (Mill Street) and low-density residential properties to the east and Nike Park to the north. Staff is supportive of the proposed rezoning to TU upon annexation. The Petitioner’s responses to the Standards for a Map Amendment can be found in the attachments. Upon review, staff agrees with the Petitioner’s findings and recommends their adoption by the Planning and Zoning Commission.

 

Lot Area Variance (Density Variance)

A single-family home currently exists on the subject property which is accessed off of Bauer Road. The Petitioner is proposing to demolish the existing home and is requesting to construct 10 single family attached dwelling units (townhomes) within two buildings on the property. One building will house 7 dwelling units and the other building will house 3 dwelling units. A roadway access point is provided off of Bauer Road in between the two buildings and a private roadway is proposed to be located behind the buildings with a right out only exit onto Mill Street. The proposed private roadway will be connected up to the eastern property line to allow for the lots to the east to have a connected drive aisle in the future.

 

A total of 24 parking spaces are provided for this development, two parking spaces per unit (located in attached garages) and an additional 4 guest parking spaces located behind the buildings. Per code, 2.25 parking spaces are required per unit which equates to 23 required parking spaces. The proposed development complies with the minimum number of parking spaces required by code.

 

The TU zoning district permits single family attached dwellings by right but requires a minimum lot area of 4,000 square feet per dwelling unit. This is typically calculated by taking the area of the lot (39,069 square feet) divided by 4,000 square feet which equates to 9.76 dwelling units. The Petitioner has requested a variance to round the density up to 10 dwelling units (an increase of 0.3 dwelling units). The proposed townhome buildings comply with all applicable setbacks. Staff finds the proposed townhome use to be appropriate for the subject property given the adjacent uses, its location at a busy intersection, and believes it will serve as a transition to the less intensive residential uses to the east and to the south.

 

Findings of Fact

The Petitioner’s responses to the Standards for Granting a Zoning Variance can be found in the attachments. Upon review, staff agrees with the Petitioner’s Findings and recommends their adoption by the Planning and Zoning Commission.

 

Landscape Plan

The Petitioner’s proposed landscaping plan includes foundation plantings, parkway trees, and shade trees adjacent to the northern property line. A complete list of the proposed plantings can be found in the landscaping plan and include a variety of trees, shrubs, ornamental grasses, and native plantings.

 

Since the June 21, 2023, PZC meeting, the Petitioner has revised the landscaping plan to provide additional room along the north side of the property to accommodate for snow removal. Staff is supportive of the proposed landscaping plan.

 

Building Elevations

The Petitioner has submitted four-sided building elevations for the proposed townhomes which will be comprised of stone veneer and hardie board siding with asphalt shingles. The entry to each dwelling unit is covered and faces Bauer Road. The proposed dwellings are two stories and will not exceed 29’-9 1/8” to the peak height of the roof. Each unit will have a second story balcony with decorative railings facing Nike Park and rear loaded two car garages. The Petitioner has proposed install the air conditioning units adjacent to the garage entrances and bracketed to the buildings. Staff has requested the Petitioner provide screening around the units to effectively shield them from view. Staff recommends a conditional of approval be granted to ensure the building elevations comply with the City’s masonry requirement of 50% of the exterior wall construction (Per Section 5-2C-3).

 

Key Takeaways

                     The Petitioner is requesting annexation, rezoning to TU upon annexation, and a preliminary/final plat of subdivision to consolidate the lots and establish easements. Staff is supportive of the proposed use of the subject property and finds it is appropriate at the given location. 

                     Staff recommends approval of the project subject to the conditions listed in the staff report.