File #: 20-192B    Version: 1
Type: Report Status: Tabled
File created: 2/20/2020 In control: City Council
On agenda: 3/17/2020 Final action:
Title: Receive the staff report regarding the Nokia Campus located on part of 1935 Lucent Lane and 1960-2000 Lucent Lane, Naperville - PZC 20-1-008 (1 of 5)
Attachments: 1. 2011 Plat of Subdivision.pdf, 2. ALTA Survey.pdf, 3. Cover letter.pdf, 4. Development Petition.pdf, 5. Disclosure and Legal.pdf, 6. FPDDC Response 2 - Naperville PZC Case #19-1-094 - Nokia.pdf, 7. Location Map.pdf, 8. Overlay Exhibit.pdf, 9. Prelim-Final Subdivision Plat.pdf, 10. PZC Meeting Minutes 2-19-20 DRAFT.pdf, 11. ROW Exhibit.pdf, 12. Setback-FAR Exhibit.pdf

CITY COUNCIL AGENDA ITEM

 

ACTION REQUESTED:
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Receive the staff report regarding the Nokia Campus located on part of 1935 Lucent Lane and 1960-2000 Lucent Lane, Naperville - PZC 20-1-008 (1 of 5)

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DEPARTMENT:                     Transportation, Engineering and Development

 

SUBMITTED BY:                     Erin Venard

 

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered this matter on February 19, 2020 and voted to recommend approval of the request (approved, 6-0).  Staff concurs.

 

BACKGROUND:

The subject property is located at the northwest corner of Naperville and Warrenville Roads and is commonly known as part of 1935 Lucent Lane and 1960-2000 Lucent Lane.  It is 175.2 acres and is zoned ORI (Office, Research and Light Industry District).  1960 Lucent Lane is improved with a 5-story steel and glass office building, two 3-story parking structures, and associated surface parking lots.  2000 Lucent Lane is improved with a 5-story steel and glass office/lab building, a single-story metal building, and associated surface parking lots.  The building at 1960 Lucent Lane is currently vacant as Nokia consolidated its workforce into the 2000 Lucent Lane office building.  Part of 1935 Lucent Lane is occupied by an electric control house for the buildings on Lots 2 and 3.

 

The petitioner, Nokia of America Corporation, intends to sell the subject property and in order to facilitate the sale, requests to subdivide the property into 3 lots and 1 outlot.  Lot 1 is an existing electric utility facility. The proposed Lot 2 will include the electric control house and the improvements on 1960 Lucent Lane, which will be renovated and leased to multiple office tenants.  Lot 3 will consist of the 2000 Lucent Lane improvements and will be leased back to Nokia.  Lot 4 is intended to be sold for future development. 

 

Case History

A similar case for the Nokia Campus was previously reviewed and approved by the PZC on November 6, 2019.  The petition has since been revised to include a request to rezone Lot 4 to R2 (Single-Family and Low Density Multiple Family Residence District), as well as a request for a conditional use in order to establish a Planned Unit Development (PUD) on Lot 4. Accordingly, this project has been assigned a new case number and will require a new public hearing before the PZC.  Please note: the previously requested subdivision and variance requests for the remainder of the property remain consistent with those previously reviewed by the PZC.

 

DISCUSSION:

Preliminary/Final Plat of Subdivision

The petitioner requests approval of a preliminary/final plat of subdivision of the Nokia Campus in order to subdivide the subject property into 3 lots and 1 outlot. The proposed Lot 2, which includes the 1960 Lucent Lane improvements, will be 40.9 acres.  Lot 3 consists of the 2000 Lucent Lane improvements and will be 46.1 acres.  Lot 4 is 67.6 acres and is currently occupied by 2 accessory structures that will be demolished prior to the sale of the lot for future development. A 20.6 acre outlot will accommodate storm water.  As a note, the existing Lot 1 is occupied by the City’s Indian Hills electric substation and is not a part of the subdivision request.  

 

The petitioner is also requesting zoning and subdivision variances that are largely the result of the proposed lot lines in relation to the location of the existing improvements on the property.  The subdivision variance request, a variance to reduce the lot width at the right-of-way, results in the plat being reviewed by both the Planning and Zoning Commission and the City Council. Staff finds the preliminary/final plat of subdivision of the Nokia Campus meets all technical requirements of the Naperville Municipal Code and recommends approval.    

 

An Owner’s Acknowledgement & Acceptance (OAA) agreement has been referenced within the ordinance approving the preliminary/final plat of subdivision. The OAA includes the following:

                     Provisions for the creation of a Commercial Property Association between Lots 2 and 3;

                     Provisions for the separation of electric consumption between Lots 2 and 3, as well as the consequences of delinquent payment;

                     Provisions for the separation of the water and fire systems between Lots 2 and 3;
Provisions for life safety items for the pedestrian bridge connection the buildings on Lots 2 and 3.

 

Rezoning and Conditional Use

The subject property is currently zoned ORI (Office, Research and Light Industry District).  The petitioner seeks to rezone Lot 4 to R2 (Single-Family and Low Density Multiple Family Residence District). Lots 2 and 3 will remain zoned ORI. The incorporated property to the south is zoned ORI and is currently vacant. The property to the east includes incorporated duplexes zoned R3A PUD and unincorporated single-family residential homes. The property to the east across Naperville Road is located in Lisle and is used for a variety of institutional, commercial, and office purposes. The property to the west includes unincorporated single-family homes and Forest Preserve property. The property to the north is also unincorporated and is owned by the Forest Preserve.

 

The intent of the R2 district is to provide multiple-family areas of a low density character accommodating a variety of housing types and compatible uses.  Permitted housing types include single-family residences and duplexes.  Townhomes are permitted through the conditional use process. Lot sizes range from a minimum of 4,000sf for a townhome to a minimum of 8,000sf for a single-family residence.  Staff finds the proposed R2 zoning to be appropriate and compatible with incorporated properties in the surrounding area. Additionally, the proposed R2 is significantly less intense than ORI (Office, Research and Light Industry District) zoning.  

 

The petitioner intends to sell Lot 4 and will not develop Lot 4 as a part of this request.  If the proposed rezoning is granted by City Council, all future development on Lot 4 will be reviewed against the R2 District zoning regulations. In order to provide an additional layer of review for any future development on Lot 4, the petitioner requests a conditional use to establish a planned unit development (PUD) on Lot 4.  Once a PUD has been granted, any future development will require a major change to the PUD per Section 6-4-6 (Changes to a Final PUD) <https://library.municode.com/il/naperville/codes/code_of_ordinances?nodeId=TIT6ZORE_CH4PLUNDE_6-4-6CHFIPLUNDE>. A major change to the PUD will require a public hearing before the Planning and Zoning Commission with public notice provided.  Following a recommendation by the Planning and Zoning Commission, the case will be considered by the City Council.  Construction cannot commence on Lot 4 until the above approvals are issued. 

 

The petitioner’s responses to the standards for granting a rezoning and granting a planned unit development are attached.  Upon review, staff agrees with the petitioner’s findings and recommends their adoption by City Council. 

 

Off-Street Parking Variance (Lots 2 and 3)

The petitioner requests a variance to Section 6-9-3 (Schedule of Off-Street Parking Requirements) <https://library.municode.com/il/naperville/codes/code_of_ordinances?nodeId=TIT6ZORE_CH9OFSTPA_6-9-3SCOFSTPARE> in order to reduce the required amount of off-street parking spaces on Lot 2 and Lot 3. The Municipal Code requires that a professional/business office provide 3.3 parking spaces per 1,000sf of gross floor area. Lot 2 includes a 5-story office building with approximately 624,868 square feet of gross floor area and requires 2,062 parking spaces. Currently there are 1,990 parking spaces on site for a deficit of 72 spaces.  It should be noted that the office building and parking supply on Lot 2 were constructed in 2000 and have functioned properly since that time.

 

Lot 3 includes both a 5-story office/lab building and a single-story metal building with a total of approximately 1,096,750sf of gross floor area. The buildings include both office and laboratory space. Utilizing the Municipal Code required parking ratios for a professional office (3.3 parking spaces per 1,000sf of gross floor area) and laboratory (2.5 parking spaces per 1,000sf of gross floor area), a total of 3,240 parking spaces are required on site. There are 1707 spaces provided on Lot 3 for a deficit of 1,533 spaces.  Nokia currently utilizes 33% of the square footage (353,553sf) available in the primary building.  Due to security and confidentiality requirements, the remainder of the building is unlikely to be leased.  Based upon Nokia’s total utilization of the building, adequate parking is provided on site.   Staff has included the following condition of approval:

 

If the City’s Zoning Administrator determines that the current and proposed tenants’ parking needs cannot be accommodated within the parking on the Subject Property, the owner of the Subject Property (or Owner’s successors, transferees, and assigns) shall promptly take adequate measures to meet the parking needs of said tenants, including but not limited to  formally assigning/reserving parking spaces for each unit, restricting the number of tenant spaces, or establishing an overflow parking location off-site, as necessary, which measures shall be subject to the review and approval of the Zoning Administrator.  Failure to timely take adequate measures to adequately accommodate tenant parking needs on the Subject Property to the satisfaction of the City’s Zoning Administrator may result in the City’s revocation of one or more of the variances approved herein.

 

Elevated Pedestrian Bridge Setbacks (Lots 2 and 3)

An elevated pedestrian bridge connects the 5-story office building on Lot 2 with the 5-story office building on Lot 3. The pedestrian bridge will allow the employees in the Lot 3 building to access the amenities in the Lot 2 building.  Since the pedestrian bridge crosses the proposed subdivision line, the petitioner requests a variance to Section 6-2-10:1 (Accessory Buildings, Structures and Uses of Land) <https://library.municode.com/il/naperville/codes/code_of_ordinances?nodeId=TIT6ZORE_CH2GEZOPR_6-2-10ACBUSTUSLA> in order to reduce the required 5’ accessory structure setback on both Lots 2 and 3.   As noted above, Lots 2 and 3 will be owned by the same party and a reciprocal easement agreement will cover the use and maintenance of the pedestrian bridge.

 

Accessory Structure Location & Setbacks (Lot 2)

The existing equipment yard located in the northeast corner of Lot 2 does not meet the location and setback requirements for an accessory structure. Per Section 6-2-10:1 (Accessory Buildings, Structures and Uses of Land) <https://library.municode.com/il/naperville/codes/code_of_ordinances?nodeId=TIT6ZORE_CH2GEZOPR_6-2-10ACBUSTUSLA>, an accessory building is not permitted within the required corner side yard of 39’ and must also be located at least 5’ from the interior property line. The equipment yard is sited 14.9’ from the corner side property line and is within the 39’ required corner side yard.  The equipment yard is also located 1’ from the west property line, encroaching into the 5’ interior yard setback.

 

Primary Structure Setbacks (Lot 3)

Per Section 6-8B-7 (ORI District: Yard Requirements) <https://library.municode.com/il/naperville/codes/code_of_ordinances?nodeId=TIT6ZORE_CH8INDI_ARTBOROFRELIINDI_6-8B-7YARE>, the required setbacks for the primary structure in ORI are based upon the height of the building.  Per Code, the primary structure on Lot 3, the 5-story office/lab building, is required to be setback 33.9’ from both the interior and rear property lines.  The primary structure includes walled equipment yards that are attached to the office/lab building. The building is located at the eastern interior property line, encroaching 33.9’ into the required 33.9’ interior yard setback.  The building is also located 1.9’ from the rear property line, encroaching 32’ into the required rear yard setback.   

 

Accessory Structure Location (Lot 3)

Per Section 6-2-10:1 (Accessory Buildings, Structures and Uses of Land) <https://library.municode.com/il/naperville/codes/code_of_ordinances?nodeId=TIT6ZORE_CH2GEZOPR_6-2-10ACBUSTUSLA>, detached accessory structures shall not be located nearer to a lot line adjoining a street than the longest distance between such lot line and the nearest wall of the principal building or structure.  In other words, an accessory structure cannot be located closer to the street property line than the primary structure.  Lot 3 includes 2 accessory structures that are located closer to the front property line (along Lucent Lane) than the primary structure.    

 

Parking Facilities Location and Setbacks (Lot 3)

Section 6-9-2:4.5 (Off-Street Parking Facilities: Yard Requirements) <https://library.municode.com/il/naperville/codes/code_of_ordinances?nodeId=TIT6ZORE_CH9OFSTPA_6-9-2OFSTPAFA> of the Municipal Code states that parking facilities cannot be located within the 30’ required front yard along Lucent Lane (east).  The existing parking lot is located 24’ from the property line, encroaching 6’ into the required 30’ required front yard.  Additionally, per Code, parking facilities cannot be located within 10’ of the interior property line to the north.  The existing parking lot is located at the north property line.

 

Lot width at the right-of-way (Lot 3)

As noted above, the front yard of Lot 3 is located along the Lucent Lane property line to the east.  Lucent Lane is currently a private road. Per Section 7-4-4 (Subdivision Regulations: Land Use) <https://cityofnaperville.sharepoint.com/sites/TED/staff/PND/New%20Development/Nokia%20Campus%20Rezoning%20-%20PZC%2020-1-008/PZC/Section%207-4-4%20(Subdivision%20Regulations:%20Land%20Use)>, lots located in ORI shall not be less than 66’ in width from the right-of-way line to the building line.  Lot 3 does not have frontage at the right-of-way due to Lucent Lane’s status as a private road and cannot meet the width requirement.  Per the petitioner, Lucent Lane will be dedicated as a public right-of-way at a later date.  Therefore, this variance request is temporary in nature.   Upon dedication of Lucent Lane as a public right-of-way, the property will have sufficient lot width. 

 

Accessory structures on Lot 4

Lot 4 is intended to be sold for future development and is currently occupied by 2 accessory buildings. Section 6-2-10:1 (Accessory Buildings, Structures and Uses of Land) <https://library.municode.com/il/naperville/codes/code_of_ordinances?nodeId=TIT6ZORE_CH2GEZOPR_6-2-10ACBUSTUSLA> states than an accessory building cannot be located on a property that does not have a primary structure. Since there is no primary structure on Lot 4, the existing accessory buildings require a variance to remain on site.  Per the petitioner, the structures are accessory to the primary building on Lot 3 and will be demolished in the near future.

 

Summary

The petitioner is requesting to subdivide the subject property in order to facilitate the sale of the property.  Several variances result from the proposed subdivision of the land and the location of the existing improvements on the land.  Given that Lots 2 and 3 will remain under the same ownership, the property will continue to function as one campus after the subdivision of the property.  In addition to the proposed subdivision and variances, the petitioner also requests to rezone the newly created Lot 4 to R2 and to establish a PUD on Lot 4.  Staff is in support of the rezoning as the proposed zoning is compatible with surrounding incorporated properties and uses.  Staff is also in support of the proposed PUD as it provides the City with an additional level of review for the future development on Lot 4.

 

Planning and Zoning Commission Action

The Planning and Zoning Commission opened the public hearing to consider PZC 20-1-008 on February 19, 2020. Robb Preston and Glenn Stock spoke on behalf of the petitioner.  8 members of the public spoke during public testimony.  Points raised during public testimony included concern with the stormwater run off, environmental impacts, and potential traffic from the development of Lot 4.

 

PZC discussed the requested variances and the purpose of placing the PUD on Lot 4. The Planning and Zoning Commission closed the public hearing and voted to recommend approval of PZC 20-1-008 (Approved, 7-0).  Staff concurs with the Planning and Zoning Commission's recommendation.

 

Key Takeaways

                     The petitioner proposes to subdivide the subject property in order to facilitate its sale.

                     Several variances result from the subdivision due to the location of the existing improvements; staff supports the variances.

                     The petitioner also requests to rezone the proposed Lot 4 to R2 and establish a PUD for Lot 4.  Staff supports the request as R2 is less intense than ORI and the PUD will require an additional level of review.

 

Related Files

The following files are related to PZC 20-1-008:

                     Pass the ordinance approving the preliminary/final plat of subdivision of the Nokia Campus and the Owner’s Acknowledgement & Acceptance for the subject property located at 1960-2000 Lucent Lane (File 2 of 5); and

                     Pass the ordinance rezoning of Lot 4 of the Nokia Campus to R2 (Single-Family and Low Density Residence District) for the subject property located at 1960-2000 Lucent Lane (File 3 of 5); and

                     Pass the ordinance approving a conditional use to establish a planned unit development for Lot 4 of the Nokia Campus for the subject property located at 1960-2000 Lucent Lane (File 4 of 5); and

                     Pass the ordinance approving variances associated with the Nokia Campus for the subject property located at 1960-2000 Lucent Lane (File 5 of 5)

 

FISCAL IMPACT:

N/A