PLANNING AND ZONING COMMISSION AGENDA ITEM
ACTION REQUESTED:
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Conduct the public hearing for 4231 Tower Court (Tower Court Residences) - PZC 23-1-013
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Sara Kopinski, AICP
ENTITLEMENTS REQUESTED:
1. Rezoning the subject property from B2 to OCI;
2. A conditional use pursuant to Section 6-7F-3 of the Naperville Municipal Code for multi-family residential in the OCI zoning district;
3. A conditional use pursuant to Section 6-7F-3 of the Naperville Municipal Code to establish a PUD and a Preliminary/Final PUD Plat;
4. A deviation to Section 6-9-3 of the Naperville Municipal Code to reduce the required parking on-site from approximately 160 spaces to approximately 121 spaces;
5. A deviation to Section 6-7F-5 of the Naperville Municipal Code to increase the permissible density on the subject property from approximately 67 units to approximately 71 units;
6. A deviation to Section 5-2C-3 of the Naperville Municipal Code to reduce the masonry requirements from 50% to approximately 33% for multi-family residential.
BOARD/COMMISSION REVIEW:
Official notice for the public hearing for PZC 23-1-013 was published in the Naperville Sun on Sunday, September 29, 2024.
BACKGROUND:
The subject property is Lot 3 of the proposed Naperville - South Forty Lots 4, 5, 6 and 7 Resubdivision and consists of an approximately 4.014 acres. It is located southeast of 103rd Street and IL Route 59 on Tower Court. The petitioner proposes developing the property with a 71-unit, multi-family building to be known as Tower Court Residences. Tower Court Residences will include indoor and outdoor common area amenities such as a community room, exercise room, an outdoor pet area, patio area, and walking paths. The development will serve single individuals and families who are senior (55+) and individuals with Intellectual and Developmental Disabilities (IDD) who need affordable housing.
To develop the project as proposed, the petitioner seeks approval of: rezoning the property from B2 to OCI; a conditional use for multi-family residential in the OCI zoning district; a conditional use to establish a PUD and a Preliminary/Final PUD Plat; and, deviations to the Naperville Municipal Code’s parking, density, and masonry requirements.
The City’s Land Use Master Plan identifies the future place type of the subject property to be Neighborhood Center. Staff finds the petitioner’s proposal to be compatible with this designation.
Project Background (Informational Purposes Only)
In September of 2021, the City Council issued an RFP to leverage city-owned property to address affordable housing needs in Naperville. Through the process, the petitioner emerged as the recommended developer. The City has an agreement with the petitioner that governs Major Business Terms (MBTs) relative to an affordable housing development being constructed and operated on the subject property for seniors and for individuals with IDD over the age of eighteen.
DISCUSSION:
Rezoning
The subject property has remained vacant and underutilized with its current B2 zoning designation. It is owned by the City of Naperville (City), and the City and the petitioner have entered into a land lease agreement that governs Major Business Terms (MBTs) for development of the subject property.
To facilitate development of the property and adhere to the MBTs agreed upon, the petitioner proposes rezoning the subject property from B2 (Community Shopping Center District) to OCI (Office, Commercial and Institutional District) to complement the adjacent property zoned OCI (planned for a Life Time Athletic Resort), and properties on the north side of 103rd Street.
The general area around the subject property and proximate to the IL Route 59 and 103rd Street intersection has been in transition over the last several years. Saddlewood Center at the southwest corner of Route 59 and 103rd Street is zoned B2 and has many vacancies, and the properties on the north side of 103rd Street are zoned OCI and are developed with Thomas C. Scullen Middle School, Wheatland Academy, and Compass Church. Lot 1 of the Naperville - South Forty Lots 4, 5, 6 and 7 Resubdivision, which is planned for development of a Life Time Athletic Resort, was rezoned to OCI in June of 2024.
Staff finds the petitioner’s proposal to be consistent with the recent Life Time Athletic Resort approvals and the trend of development in the area. The OCI zoning district will provide an appropriate transition between the Route 59 business corridor and the residential neighborhoods in the vicinity, as well as accommodate the proposed multi-family residential development.
Findings of Fact
The petitioner’s responses to the Standards for Granting 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.
Conditional Use - Multi-family Residential
The OCI zoning district classifies multi-family residential as a conditional use. The intent of the OCI zoning district is to act as a transitional zone between intensive business areas and residential neighborhoods. The petitioner’s requested conditional use for multi-family residential is appropriate as the development will function as a transition between commercial uses along the IL Route 59 corridor, and residential uses to the south and east.
Tower Court Residences will provide housing targeted to single individuals and families who are senior (55+) and individuals with Intellectual and Developmental Disabilities (IDD) who need affordable housing. The proposed product will support the City’s affordable housing needs and help ensure the City’s housing stock is diverse, responsive to community needs, and accessible to everybody - consistent with priorities and needs identified in the City’s Land Use Master Plan. Additionally, multi-family residential is classified as a supporting use in Neighborhood Centers.
The proposed development will be accessible from Tower Court, or by an access road to be provided through other lots within the Naperville - South Forty Lots 4, 5, 6 and 7 Resubdivision. The proposed building complies with the City’s building height and setback requirements.
Staff believes the requested conditional use is appropriate and the proposed design and scale of the project complements the surrounding properties.
Findings of Fact
The petitioner’s responses to the Standards for Granting a Conditional Use 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.
PUD and Preliminary/Final PUD Plat
The Municipal Code identifies PUDs as an alternate zoning procedure to facilitate a development which fulfills the objectives of the comprehensive plan and planning policies of the City, while departing from the strict application of the use and bulk regulations of the City’s zoning regulations. The petitioner’s proposed PUD supports the City’s affordable housing needs and converts a vacant, underperforming property into a community benefit.
The PUD shall be constructed in accordance with the approved preliminary/final PUD plat. Any changes proposed in the future will be considered and processed as a major change, a minor change, or an administrative adjustment, in accordance with Section 6-4-6 (Changes to a Final Planned Unit Development) of the Municipal Code.
Common Open Space
Section 6-4-3:3 of the Municipal Code requires multi-family residential PUDs to provide outdoor common areas covering a minimum of 35% of the site. The proposed site layout provides approximately 1.67 acres of common open space area, which is equivalent to approximately 42% of the total lot coverage. These outdoor common areas feature patio and barbecue space, walking paths, benches, and a designated pet area.
Findings of Fact
Staff believes that the proposed development and open space areas satisfy the intent of the City’s PUD standards. The petitioner’s responses to the Standards for Granting or Amending a Planned Unit Development 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.
PUD Deviations
Three PUD deviations are requested in combination with the petitioner’s PUD request. The petitioner believes the deviations requested will help facilitate the housing product Tower Court Residences is intended to be:
• Density: Section 6-7F-5 (OCI/Area Requirements) of the Municipal Code requires multi-family residential to maintain a minimum lot area of 2,600 square feet per dwelling unit. The subject property is 4.014 acres in size, resulting in 67 units being permitted per code. The petitioner proposes a total of 71 dwelling units, which results in a density of approximately 2,462 square feet of lot area per dwelling unit.
The City’s minimum lot area requirement is used a means of controlling site density and the overall bulk of a building. The proposed building complies with the OCI zoning district’s required building height and setbacks, and the development exceeds the amount of minimum open space required for a multi-family residential PUD. Staff is supportive of the requested variance, noting that the increased density has not resulted in increased building bulk or additional variances.
Additionally, the petitioner has identified that the development follows the Fair Housing Act, which makes all spaces accommodating for those with disabilities (20% of the units are planned to be fully accessible).
• Parking: The petitioner requests approval of a parking deviation to reduce the parking required for multi-family residential from 2.25 spaces per unit to approximately 1.8 spaces per unit. To support the requested variance, the petitioner has submitted a traffic study and parking evaluation that compares the City’s parking requirements to ITE Survey Data. The findings indicate that the proposed parking supply is more than adequate given the following characteristics of the development and its residents:
o Information provided by the operator indicates that only approximately 60 percent of residents of the age-restricted housing are expected to have vehicles.
o Information provided by the operator indicates that less than two percent of residents of the IDD housing are expected to have vehicles.
o Residents will be able to utilize public transportation via the Pace 559 bus route which runs along IL 59 and has stops at both 103rd Street and Royal Worlington Drive.
o The development will have a limited number of employees working at the development.
Staff is supportive of the parking deviation requested.
• Materials: The petitioner requests approval of a deviation to Section 5-2C-3 of the Municipal Code to reduce the percentage of masonry material required on a multi-family residential building from 50% to approximately 33%. The proposed elevations include brick at the ground level and as accents on building end caps, while the remainder of the building will be constructed out of composite lap siding and composite shingle siding. The building maintains a residential appearance with a gable roof and asphalt shingles.
The petitioner notes that the Low Income Housing Tax Credit (LIHTC) program is an affordable housing program that allows housing to be constructed for individuals with low income or special needs. Residential tenants pay a reduced rent from the typical market rate apartment complex, resulting in a restricted budget. Affordable housing projects are achievable due to strategic use of costs and materials. The petitioner has proposed a building design that incorporates masonry elements with other materials for visual interest. Staff finds the proposed design to be acceptable and is supportive of the deviation requested.
Findings of Fact
The petitioner’s responses to the Standards for Granting a PUD Deviation can be found in the attachments for each deviation requested. Upon review, staff agrees with the petitioner’s Findings and recommends their adoption by the Planning and Zoning Commission.
Key Takeaways
§ The petitioner requests approval of rezoning the subject property from B-2 (Community Shopping Center District) to OCI (Office, Commercial and Institutional District). Staff is supportive of this zoning designation.
§ The petitioner requests approval a conditional use for multi-family residential in the OCI zoning district.
§ The petitioner requests approval a conditional use to establish the Lot 3 in Naperville - South Forty Lots 4, 5, 6 and 7 Resubdivision PUD and a preliminary PUD plat; and, deviations to the Naperville Municipal Code’s density, parking, and masonry requirements. Staff is supportive of the PUD and finds the proposed development to support the City’s affordable housing needs while remaining compatible with surrounding land uses and zoning designations.