CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
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Pass the ordinance approving deviations to the Windscape Village PUD at the subject property located at 896 Benedetti Drive, Naperville - PZC 20-1-023
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DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Scott Williams, AICP
BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered PZC 20-1-023 on April 29, 2020; no members of the public provided testimony on this case. The PZC voted to recommend approval of the case (Approved, 9-0). Staff concurs.
BACKGROUND:
The 20.8 acre subject property is located to the east of the intersection of Benedetti Drive and Pacific Drive, south of Ogden Avenue. The subject property is zoned R3 PUD (Medium Density Multiple-Family Residence District - Planned Unit Development) and consists of 24 apartment buildings, a clubhouse with a pool, amenities, and associated parking areas. The Windscape Village PUD was approved by Ordinance No. 84-173 on November 5, 1984.
The petitioners, Windscape Naperville, LLC and PBH Windscape, LLC, own the property. When conducting a recent zoning compliance check of the developed property, it was determined the setback for two of the apartment buildings and the provided parking do not comply with the underlying PUD. Therefore, the petitioner requests deviations to reduce two of the setbacks and to reduce the number of parking spaces. It should be noted that the petitioner does not intend to make any changes to the Subject Property at this time; however, approval of the requested deviations is sought in conjunction with obligations pursuant to recent refinancing of the Subject Property.
DISCUSSION:
Major Change to the PUD
The subject property is part of the Windscape Village PUD. Per Section 6-4-6:1 (Changes to Final Planned Unit Development: Major Change), the deviations meet the threshold for a major change to the PUD.
Setback Deviation
The petitioner requests a deviation to the setbacks for Buildings #873 and #859 which encroach into the specified 30-foot setbacks by approximately 5 feet and 4.1 feet, respectively. Both buildings are original to the development.
Staff finds there is not a negative impact associated with the setback encroachment and the subject buildings are not located directly adjacent to other residential properties. Along the Pacific Drive right-of-way, Building #873 does not visually stand out compared to the other apartment buildings. Building #859 is located to the rear of the property and adjacent to the Naperville North High School property with the bleachers as the nearest structure. It should be noted that although the buildings do not comply with the more restrictive PUD setbacks, they do comply with the general R3 bulk requirements. This has been an existing condition for decades and does not change the character of the development.
The petitioner’s responses to the standards for granting a deviation to the PUD are attached. Upon review, staff agrees with the petitioner’s findings and recommends their adoption by the Planning and Zoning Commission.
Parking Deviation
The petitioner also requests a deviation from the PUD requirements to reduce the number of parking spaces. The PUD required a minimum of 604 parking spaces with the associated parking calculation included on the Final Plat. However, the Americans with Disabilities Act (ADA) of 1990 was subsequently passed after the property was developed. A prior owner complied with these requirements by providing striped access aisles, which had the effect of reducing the number of available spaces to 580.
Staff is unaware of any parking issues at the subject property. There have not been any enforcement actions resulting from a parking shortage. Staff finds the impact would be more detrimental to add 24 additional parking spaces at the expense of open space. Staff wishes to maintain open space in keeping with the intent of the PUD to provide recreational areas, site amenities, environmental protection, and beautification.
The petitioner’s responses to the standards for granting a deviation to the PUD are attached. Upon review, staff agrees with the petitioner’s findings and recommends their adoption by City Council.
Planning and Zoning Commission Action
The Planning and Zoning Commission considered this matter at their meeting on April 29, 2020. No member of the public spoke about the petition. Julie Workman spoke on behalf of the petitioner. Chairman Hanson confirmed that the approvals were necessary for financing purposes. Commissioner Bansal asked about the PUD standards changing and how compliance can be enforced. Staff stated that PUD standards have changed overtime, but there was no documentation or record explaining the two setback deviations. Regarding ADA, it is up to the owner to comply and in most cases, a permit is not required for simple restriping. The Commission moved to adopt the findings of fact as presented by the Petitioner and pass PZC 20-1-023. The motion passed (approved 9:0).
Key Takeaways
§ The petitioner is requesting a major change to approve deviations to decrease two setbacks and to reduce the required parking. No changes to the Subject Property are proposed at this time.
§ Staff is supportive of the requests, finding that the they are existing conditions and have not adversely impacted surrounding properties since inception.
§ The PZC did support the requested variance, (vote: 9 in favor; 0 opposed).
FISCAL IMPACT:
N/A