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File #: 2019-0519    Version: Name: The Pointe - Development Petition for Site Plan, Landscape Plan, Elevations, Subdivision, Special Use Permit with Modifications
Type: MOTION Status: PASSED
File created: 7/9/2019 In control: Board of Trustees
On agenda: 12/21/2020 Final action: 12/21/2020
Title: /Name/Summary The Pointe - Development Petition for Site Plan, Landscape Plan, Elevations, Subdivision, Special Use Permit with Modifications
Attachments: 1. Plan Commission Staff Report - 12.8.2020, 2. Board-Approved Motion - July 16, 2018, 3. Board-Approved Plans - July 16, 2018, 4. Existing Conditions and Demolition Plan, 5. Site Plan, 6. Grading Plan, 7. Lot Coverage Exhibits, 8. Plat of Subdivision and Plat of Easement Vacation, 9. Tree Survey, 10. Landscape Plan, 11. Building Elevations, 12. Responses to the Special Use Standards, 13. Responses to the Variance Standards, 14. Utility Burial Exhibit, 15. 143rd Street Widening Project - Proposed Intersection Improvements, 16. Letter of Opposition from Thomas & Ursula Elliot

Title/Name/Summary

The Pointe - Development Petition for Site Plan, Landscape Plan, Elevations, Subdivision, Special Use Permit with Modifications

 

History

Project

The Pointe - 14250 Southwest Highway

2019-0519

 

Petitioner

Robert Hansen - City View Development of Orland Park, LLC

 

Purpose

The petitioner seeks approval to construct a 108,093 square foot multi-family residential building with sixty-four (64) attached dwelling units on a 1.13-acre site located at the northwest corner of 143rd Street and Southwest Highway.

 

Requested Actions: Site Plan, Landscape Plan, Elevations, Subdivision, Special Use Permit with Modifications

 

Address: 14352 Southwest Highway, 14240 Southwest Highway, and 14231 Union Avenue

P.I.N.: 27-04-416-009-0000, 27-04-416-010-0000, 27-04-416-011-0000, 27-04-416-012-0000, 27-04-416-013-0000, 27-04-416-032-0000, 27-04-416-033-0000

Lot Size (Pre-Dedication): 49,014 square feet (1.13 acres)

Lot Size (Post-Dedication): 40,492 square feet (0.93 acres)

 

Comprehensive Plan Planning District & Designation: Downtown Planning District with Downtown Mixed-Use Designation (Development Opportunity Site)

Existing Zoning: VCD Village Center Zoning District

Existing Land Use: Vacant

Proposed Land Use: Multi-Family Residential - Attached Dwellings

Surrounding Land Uses & Zoning: 

North: VCD Village Center Zoning District - Single-family detached residential; R-3 Residential District - Single-family detached residential

South: OOH Old Orland Historic District - (across 143rd Street) Mixed-Use (Restaurants, Apartments)

East: VCD Village Center Zoning District - (across Southwest Highway) Metra Parking Lot, Railroad, Vacant Land

West: VCD Village Center Zoning District - (across Union Avenue) Funeral Home / Park School; R-3 Residential District - (across Union Avenue) Single-family detached residential

 

BACKGROUND

The subject property is a triangular-shaped 1.13-acre site comprised of seven (7) individual parcels within the Village’s downtown area at the northwest corner of the intersection of 143rd Street and Southwest Highway. The subject property has been vacant for approximately twelve (12) years and was previously occupied by Wild Boar restaurant, Nagel’s Repair Shop, and a single-family home. The site currently includes overhead utility lines, sections of concrete sidewalks and driveways, and minimal landscaping.

 

On October 1, 2007, the petitioner was approved to construct a four-story mixed-use building consisting of 4,944 square feet of retail space and twenty-two (22) residential dwelling units (Legistar File ID 2007-0266). Variances were approved to reduce the parking lot setback from Union Avenue from ten (10) feet to five (5) feet and to reduce the rear yard setback from thirty (30) feet to ten (10) feet. The previously approved project was not constructed.

 

On July 16, 2018, the Village Board approved a Site Plan, Landscape Plan, Elevations, Subdivision, and Special Use Permit for attached dwellings and a building larger than 50,000 square feet with Modifications for The Pointe (Legistar File ID 2017-0387). The approved plans allowed for the construction of a 103,164 square foot multi-family residential development with sixty-four (64) attached dwelling units, two (2) underground parking garage levels accessible from Union Avenue, a guest parking and loading area accessible from Southwest Highway, and landscape improvements. As part of the project, approximately 0.19 acres of land was to be dedicated to the Village of Orland Park for future roadway improvements to 143rd Street and Southwest Highway. Several Modifications were previously approved for the project:

1. Building Height. A two (2) story modification to allow a maximum of five (5) stories

2. Building Setback. A 2’ 9 ¾” modification to allow a 2’ 2 ¼” setback at the southwest corner of the building after a dedication of land at the south portion of the site

3. Rear Yard Setback. A 20’ modification to allow the underground parking to be set back 10’ from the rear (north) property line

4. Parking Setback Landscape Buffer. An 8-10’ modification for the east and west parking landscape setback to allow 0-2’ of landscaping between the parking lot and right-of-way

5. Parking Lot and Loading Area Location. A modification to allow the trash enclosure and loading area to be located between the building and the street

6. Drop-Off/Drive Aisle Setback. A modification to allow drop-off and drive aisles between the building and the street

7. Drop-Off/Drive Aisle Screening. A modification to allow less than 36” of screening adjacent to drop-off and drive aisles at certain locations

8. Street Level Transparency. An 11% modification to allow 24% transparency at street level

9. Retaining Wall Height, Spacing, and Setback. A modification to allow height, spacing, and setback differences for retaining walls at certain locations on the site

10. Foundation Planting. A 10’ modification to allow 0’ of foundation planting along the east and west facades

 

Final engineering and other post-Board approval items were never finalized for the previously approved project and the building was not constructed. Since the original approval in 2018, the petitioner has selected a new engineering firm and has proposed changes to the Site Plan, Landscape Plan, and Building Elevations. Site grading has been modified and the building has been raised resulting in the parking garage levels being further exposed above grade. Proposed changes also include the relocation of the upper-level parking garage entrance ramp on the west elevation off of Union Avenue to the east elevation off of Southwest Highway, relocation of the guest parking spaces from the drive aisle adjacent to Southwest Highway to inside the upper-level parking garage, minor alterations to the building height, minor increase to the building’s floor area, changes to building setbacks, modifications to retaining walls, the addition of a pedestrian ramp along the south of the building, and changes to the landscape plan and building elevations.

 

In accordance with Section 5-101.K and Section 5-105.K of the Land Development Code, substantial alterations to the final plan are proposed that require the project to proceed back through the Village’s development review process.

 

PROJECT DESCRIPTION

The petitioner is requesting approval of a Site Plan, Landscape Plan, Elevations, Subdivision, and Special Use Permit with Modifications to the Land Development Code to allow for a building with a floor area greater than 50,000 square feet and to allow for attached dwellings in the VCD Village Center District for The Pointe, a multi-family residential development on a 1.13-acre site located at the northwest corner of 143rd Street and Southwest Highway.

 

The proposed site plan consists of a five (5) story tall building with two (2) levels of garage parking, a total of one-hundred and one (101) parking spaces, new landscaped areas, and residential amenities such as a lounge, community room, fitness center, and rooftop terrace. A total of sixty-four (64) residential units are proposed in the uppermost four (4) floors of the building, with forty (40) one-bedroom units and twenty-four (24) two-bedroom units.

 

The main building entrance, drop-off area, drive aisle, and garage entrance to the upper-level parking garage located on the southeast and east sides of the building will be accessible via Southwest Highway. The southeast portion of the building includes a circle drive below a two-story building projection that will house amenities for residents. An emergency access point will be located to the south of the circle drive to provide access to Southwest Highway for only emergency vehicles. Access to the lower level parking garage, a dumpster enclosure, and two (2) exterior parking spaces will be located on the west side of the building off of Union Avenue. The existing seven (7) parcels will be consolidated into one (1) lot and approximately 8,522 square feet (0.19 acres) of land at the southwest corner of the site will be dedicated to the Village of Orland Park for future roadway and intersection improvements.

 

Proposed Modifications to the Land Development Code include:

1. Building Height. Increase the allowable building height from four (4) stories tall to five (5) stories tall, and to allow for a building height more than two (2) stories taller than adjacent single-family homes (Section 6-212.D.3)

2. Building Setback. Reduce the building setback between the southwest corner of the building and Union Avenue from five (5) feet to as little as two and a half (2.5) feet, after the right-of-way dedication of land at the south portion of the site to the Village (Section 6-212.D.6.c.)

3. Rear Yard Setback. Reduce the rear yard setback along the north property line from thirty (30) feet to as little as nine (9) feet ten (10) inches (9.9 feet) (Section 6-212.D.6.d.)

4. Permitted Uses Between the Building and the Street. Allow for a drive aisle, drop-off area, and loading area to be located within the setback area between the building façade and Southwest Highway, and to allow for a trash enclosure and two parking spaces to be located within the setback area between the building façade and Union Avenue (Section 6-212.E.2)

5. Parking Space Size. Reduce the required parking space size from nine (9) feet by eighteen (18) feet to as little as nine (9) feet by sixteen (16) feet to allow for compact car parking spaces at certain locations on-site (Section 6-306.C.1)

6. Parking Space Access. Allow for double-stacked parking spaces without direct and unrestricted access to an aisle at certain locations on-site (Section 6-306.C.2)

7. Retaining Wall Setback, Height, and Spacing. Allow for retaining walls at certain locations on-site to be constructed within three (3) feet from the property line, exceed a height of three (3) feet, and exceed spacing requirements (Section 6-302.C.31)

8. Balcony Setbacks-. Increase the allowable projection of the balconies into the required rear yard setback from three (3) feet to four (4) feet (Section 6-302.C.4)

9. Parking Lot Setbacks and Landscaping. Reduce the parking lot setback and landscape area from ten (10) feet to as little as four (4) feet along the west property line (Union Avenue) and along the southeast property line (Southwest Highway) (Section 6-305.D.6.a.1)

10. Foundation Landscaping. Reduce the building foundation planting area along the southeast and west façades from ten (10) feet to as little as two and a half (2.5) feet (Section 6-305.D.5.)

11. Landscape Corridor. Allow for shrubs and ornamental grasses as a plant material substitution for a portion of the required Landscape Corridor plantings and the relocation of the required Landscape Corridor landscaping into a different Landscape Zone on-site (Section 6-305.D.3)

 

With the exception of the requested modifications, the project conforms to the Village’s Comprehensive Plan, Land Development Codes, and policies for this area.

 

PLAN COMMISSION DISCUSSION

A public hearing was held before the Plan Commission on December 8, 2020. The Commission, members of the public, the petitioners, and staff attended the public hearing via a Zoom Meeting teleconference and in person at Village Hall. The items discussed at the public hearing are summarized below:

 

1. Overview of Proposed Changes. David Sosin, the attorney representing the petitioner, provided an overview of the project and noted several positive changes since the Board-approved plans in 2018. Previously, both garage entrances were located off of Union Avenue. The entrance to the upper-level parking garage has been relocated to Southwest Highway, which should help eliminate some traffic on Union Avenue. Only the entrance to the lower level parking will now be located off of Union Avenue. The building now also includes green roofs and private terraces as well as additional parking spaces. The petitioner noted that, if the project is approved, construction is anticipated to begin in Spring 2021.

 

2. Guest Parking & Garage Access. Dan Stecich, a nearby resident at 14228 Union Avenue, asked for clarification on the number of parking spaces provided on-site. Staff stated that a total of 101 spaces are proposed and 96 spaces are required per code. A total of 53 spaces will be located within the upper-level parking garage, which is accessible from Southwest Highway. Six (6) of the spaces in the upper-level parking garage will be utilized for guest parking. Forty-eight (48) spaces will be located within the lower level parking garage, which will be accessible from Union Avenue. Two (2) exterior parking spaces are proposed to the south of the entrance to the lower level parking garage off of Union Avenue.

 

Mr. Stecich noted concerns that the proposed development may increase traffic on Union Avenue and guests may end up parking on Union Avenue near the existing single-family homes. He stated that he would like to ensure that guests do not park on Union Avenue. It was noted that any excess, overflow guest parking will be directed to the Metra parking lot to the east across Southwest Highway. Commissioner Schussler noted that it may be safer for guests to park in Park School’s parking lot located to the west across Union Avenue rather than in the Metra parking lot to the east across Southwest Highway due to the existing pedestrian crosswalk connections. Commissioner Schussler recommended that the petitioner looks into working with the School District to see if they would allow guest parking during non-school hours. Staff noted that the petitioner is providing a new sidewalk around the perimeter of the site as an interim condition prior to the future roadway improvements. A new signalized crosswalk will be installed with the intersection improvements to provide better pedestrian access across Southwest Highway in the future.

 

Commissioner Sanchez asked what the 2 exterior parking spaces along Union Avenue will be utilized for. David Sosin noted these spaces will be used for service and maintenance vehicles or moving trucks as needed, but will not be used for resident or guest parking.

 

Commissioner Zomparelli noted support for the increase in overall parking from the originally approved 96 spaces to the proposed 101 spaces. Several Commissioners expressed support for reducing traffic by relocating the upper garage level entrance to Southwest Highway.

 

3. Development Concerns. Staff read a letter of objection submitted by Thomas and Ursula Elliott, nearby residents at 14236 Union Avenue, for the record at the meeting. As stated in the submitted letter, the existing intersection of Union Avenue, 143rd Street, and Southwest Highway will be unable to accommodate additional traffic and parking created by the residential development. The proposed project will create a negative impact on residential values and visual impact due to the building being taller than adjacent single-family homes. The letter also includes concerns over the reduced setback from Union Avenue, noise and smell from the dumpster enclosure off of Union Avenue, loss of privacy, overshadowing, loss of light, and safety issues from additional traffic and parking.

 

David Sosin noted that the number of residential dwelling units is the same as approved in 2018 (64 units). The building height has only been raised slighting since 2018. The proposed project meets the vision of the VCD Village Center District, Comprehensive Plan, and the downtown Triangle area. Overall, the Commissioners stated that the proposed building height is appropriate for the downtown area. David Sosin also stated that the dumpster will be located behind gates and a brick enclosure. Trash will be internally collected inside the building and put out on trash pick-up days. The gates are oriented south, not toward the adjacent single-family residential homes.

 

4. Intersection and Roadway Improvements to 143rd Street, Southwest Highway, and Union Avenue. David Sosin noted that the petitioner has worked closely with the Village of Orland Park for years, in conjunction with IDOT, to design the proposed residential development in conjunction with the future intersection improvements to Union Avenue, Southwest Highway, and 143rd Street. The modifications / variances requested are partially due to the dedication of land to the Village for future roadway improvements and the unique shape of the land. Staff noted that the Village is holding a public meeting on the proposed roadway improvements for the 143rd Street widening project on Thursday, December 17 at 6:00 pm via Zoom.

 

Staff has amended one of the conditions of approval in the Preliminary Site Plan regarding the burial of utility lines adjacent to the property. As part of the project, all overhead utility lines shall be buried at the time of development. The cost share between the petitioner and Village will be finalized and included in the Development Agreement. The Development Agreement will include proposed cost sharing for the utility burial, which will be brought to the Committee of the Whole and Board of Trustees for consideration in the future.

 

Overall, the Plan Commission expressed support for the project and were in favor of seeing vacant land developed, the burial of the overhead utility lines, and the proposed changes since 2018. Several Commissioners stated the site is difficult to develop due to its unique shape and as a result of the land dedication to the Village for the future roadway improvements. The project will meet the intent of the Comprehensive Plan and vision for the downtown area.

 

PLAN COMMISSION MOTION

On December 8, 2020, the Plan Commission moved, by a vote of 6-0, to recommend to the Village Board approval of the Preliminary Site Plan titled “Site Plan Pre-Take” (Sheet C6.0), “Site Plan Post-Take” (Sheet C6.1), “Geometry Plan Pre-Take” (Sheet C6.4), and “Geometry Plan Post-Take” (Sheet C6.5), prepared by C.M. Lavoie & Associates, Inc., dated April 18, 2019, and last revised November 20, 2020, subject to the following conditions:

1. Meet all building code requirements and final engineering requirements, including required permits from outside agencies.

2. All ground-based and roof-mounted mechanical equipment must be fully screened from view and shall meet the code requirements listed in Section 6-308.J.

3. Submit a sign permit application to the Development Services Department for a separate review. Signs are subject to additional review and approval via the sign permitting process and additional restrictions may apply.

4. Provide cash in lieu of park land donation and park cash, as finalized at the time of the Development Agreement.

5. Ornamental light poles required in the VCD Village Center District shall be installed along Union Avenue. The petitioner will be responsible for the costs to purchase and install the required light poles. A photometric plan and lighting specifications shall be submitted to the Village for review during final engineering. The photometric plan shall comply with all lighting requirements per Section 6-315.

6. The petitioner shall be responsible for the burial of the overhead utility lines at the time of development and the Village will assist with the cost of the burial, in accordance with the Existing Utility Burial Diagram, which will be finalized and included in the Development Agreement.

7. Final retaining wall plans shall be submitted to the Village as part of the final engineering and final landscaping plan submittal. The petitioner shall provide additional details on the retaining wall system design and landscape viability to determine suitable plant material to be installed within the planting beds behind the tiered retaining walls. Any substantial changes to the approved plans shall be brought back for consideration to the Plan Commission and Board of Trustees, in accordance with Section 5-101. All retaining walls shall be located inside the lot lines and shall not encroach into the right-of-way.

 

And moved, by a vote of 6-0, to recommend to the Village Board approval of the Elevations titled “The Pointe Multi-Family Development”, Sheets A1-A12, prepared by Robert Juris & Associates Architects, Ltd., dated November 21, 2019, and last revised November 6, 2020, subject to the same conditions as outlined in the Preliminary Site Plan motion and the following conditions:

1. Meet all building code requirements and final engineering requirements.

2. All masonry must be of anchored veneer type masonry with a 2.625” minimum thickness.

 

And moved, by a vote of 6-0, to recommend to the Village Board approval of the Preliminary Landscape Plan, titled “The Pointe Multi-Family Building”, prepared by Beary Landscaping, dated April 10, 2018 and last revised November 30, 2020, subject to the same conditions as outlined in the Preliminary Site Plan motion and the following conditions:

1. Submit a final landscape plan meeting all Village Codes and all required supporting documentation addressing all outstanding landscape items in conjunction with the final engineering submittal.

2. Submit a Tree Mitigation Plan to the Village as part of the final landscape plan submittal. Provide cash-in-lieu for tree mitigation in accordance with the requirements stated in Section 6-305.F. The required tree mitigation amount will be finalized during the final landscape plan review phase and will be included in the Development Agreement.

3. Provide a landscape plan and design details for the proposed green roof to the Village for review and approval as part of the final landscape plan submittal. The petitioner shall also provide a maintenance agreement to the Village for approval that details future maintenance and access plans, particularly for the green roof located around the outer edges of the private residential patios on the north side of the building.

 

And moved, by a vote of 6-0, to recommend to the Village Board approval of the Plat of Subdivision titled “The Pointe”, dated January 16, 2020, and “Plat of Easement Vacation”, dated September 11, 2020, prepared by C.M. Lavoie & Associates, Inc., subject to the following conditions:

1. Submit a Record Plat of Subdivision to the Village for approval, execution, and recording.

 

And moved, by a vote of 6-0, to recommend to the Village Board approval of a Special Use Permit for The Pointe to allow for a building with a floor area greater than 50,000 square feet and to allow for attached dwellings in the VCD Village Center District, subject to the same conditions as outlined in the Preliminary Site Plan motion. Modifications to the Special Use Permit include:

1. Building Height. Increase the allowable building height from four (4) stories tall to five (5) stories tall, and to allow for a building height more than two (2) stories taller than adjacent single-family homes (Section 6-212.D.3)

2. Building Setback. Reduce the building setback between the southwest corner of the building and Union Avenue from five (5) feet to as little as two and a half (2.5) feet, after the right-of-way dedication of land at the south portion of the site to the Village (Section 6-212.D.6.c.)

3. Rear Yard Setback. Reduce the rear yard setback along the north property line from thirty (30) feet to as little as nine (9) feet ten (10) inches (9.9 feet) (Section 6-212.D.6.d.)

4. Permitted Uses Between the Building and the Street. Allow for a drive aisle, drop-off area, and loading area to be located within the setback area between the building façade and Southwest Highway, and to allow for a trash enclosure and two parking spaces to be located within the setback area between the building façade and Union Avenue (Section 6-212.E.2)

5. Parking Space Size. Reduce the required parking space size from nine (9) feet by eighteen (18) feet to as little as nine (9) feet by sixteen (16) feet to allow for compact car parking spaces at certain locations on-site (Section 6-306.C.1)

6. Parking Space Access. Allow for double-stacked parking spaces without direct and unrestricted access to an aisle at certain locations on-site (Section 6-306.C.2)

7. Retaining Wall Setback, Height, and Spacing. Allow for retaining walls at certain locations on-site to be constructed within three (3) feet from the property line, exceed a height of three (3) feet, and exceed spacing requirements (Section 6-302.C.31)

8. Balcony Setbacks-. Increase the allowable projection of the balconies into the required rear yard setback from three (3) feet to four (4) feet (Section 6-302.C.4)

9. Parking Lot Setbacks and Landscaping. Reduce the parking lot setback and landscape area from ten (10) feet to as little as four (4) feet along the west property line (Union Avenue) and along the southeast property line (Southwest Highway) (Section 6-305.D.6.a.1)

10. Foundation Landscaping. Reduce the building foundation planting area along the southeast and west façades from ten (10) feet to as little as two and a half (2.5) feet (Section 6-305.D.5.)

11. Landscape Corridor. Allow for shrubs and ornamental grasses as a plant material substitution for a portion of the required Landscape Corridor plantings and the relocation of the required Landscape Corridor landscaping into a different Landscape Zone on-site (Section 6-305.D.3)

 

This case is now before the Village Board of Trustees for final consideration.

 

Recommended Action/Motion

I move to approve a Site Plan, Elevations, Landscape Plan, Subdivision, and Special Use Permit with Modifications for The Pointe to allow for a building with a floor area greater than 50,000 square feet and to allow for attached dwellings in the VCD Village Center District, as recommended at the December 8, 2020, Plan Commission meeting and as fully referenced in the motion below.

 

THIS SECTION FOR REFERENCE ONLY (NOT NECESSARY TO BE READ)

I move to approve the Preliminary Site Plan titled “Site Plan Pre-Take” (Sheet C6.0), “Site Plan Post-Take” (Sheet C6.1), “Geometry Plan Pre-Take” (Sheet C6.4), and “Geometry Plan Post-Take” (Sheet C6.5), prepared by C.M. Lavoie & Associates, Inc., dated April 18, 2019, and last revised November 20, 2020, subject to the following conditions:

1. Meet all building code requirements and final engineering requirements, including required permits from outside agencies.

2. All ground-based and roof-mounted mechanical equipment must be fully screened from view and shall meet the code requirements listed in Section 6-308.J.

3. Submit a sign permit application to the Development Services Department for a separate review. Signs are subject to additional review and approval via the sign permitting process and additional restrictions may apply.

4. Provide cash in lieu of park land donation and park cash, as finalized at the time of the Development Agreement.

5. Ornamental light poles required in the VCD Village Center District shall be installed along Union Avenue. The petitioner will be responsible for the costs to purchase and install the required light poles. A photometric plan and lighting specifications shall be submitted to the Village for review during final engineering. The photometric plan shall comply with all lighting requirements per Section 6-315.

6. All overhead utility lines shall be buried at the time of development. The cost share between the petitioner and Village will be finalized and included in the Development Agreement.

7. Final retaining wall plans shall be submitted to the Village as part of the final engineering and final landscaping plan submittal. The petitioner shall provide additional details on the retaining wall system design and landscape viability to determine suitable plant material to be installed within the planting beds behind the tiered retaining walls. Any substantial changes to the approved plans shall be brought back for consideration to the Plan Commission and Board of Trustees, in accordance with Section 5-101. All retaining walls shall be located inside the lot lines and shall not encroach into the right-of-way.

 

And, I move to approve the Elevations titled “The Pointe Multi-Family Development”, Sheets A1-A12, prepared by Robert Juris & Associates Architects, Ltd., dated November 21, 2019, and last revised November 6, 2020, subject to the same conditions as outlined in the Preliminary Site Plan motion and the following conditions:

1. Meet all building code requirements and final engineering requirements.

2. All masonry must be of anchored veneer type masonry with a 2.625” minimum thickness.

 

And, I move to approve the Preliminary Landscape Plan, titled “The Pointe Multi-Family Building”, prepared by Beary Landscaping, dated April 10, 2018, and last revised November 30, 2020, subject to the same conditions as outlined in the Preliminary Site Plan motion and the following conditions:

1. Submit a final landscape plan meeting all Village Codes and all required supporting documentation addressing all outstanding landscape items in conjunction with the final engineering submittal.

2. Submit a Tree Mitigation Plan to the Village as part of the final landscape plan submittal. Provide cash-in-lieu for tree mitigation in accordance with the requirements stated in Section 6-305.F. The required tree mitigation amount will be finalized during the final landscape plan review phase and will be included in the Development Agreement.

3. Provide a landscape plan and design details for the proposed green roof to the Village for review and approval as part of the final landscape plan submittal. The petitioner shall also provide a maintenance agreement to the Village for approval that details future maintenance and access plans, particularly for the green roof located around the outer edges of the private residential patios on the north side of the building.

 

And, I move to approve the Plat of Subdivision titled “The Pointe”, dated January 16, 2020, and “Plat of Easement Vacation”, dated September 11, 2020, prepared by C.M. Lavoie & Associates, Inc., subject to the following conditions:

1. Submit a Record Plat of Subdivision to the Village for approval, execution, and recording.

 

And, I move to approve a Special Use Permit for The Pointe to allow for a building with a floor area greater than 50,000 square feet and to allow for attached dwellings in the VCD Village Center District, subject to the same conditions as outlined in the Preliminary Site Plan motion. Modifications to the Special Use Permit include:

1. Building Height. Increase the allowable building height from four (4) stories tall to five (5) stories tall, and to allow for a building height more than two (2) stories taller than adjacent single-family homes (Section 6-212.D.3)

2. Building Setback. Reduce the building setback between the southwest corner of the building and Union Avenue from five (5) feet to as little as two and a half (2.5) feet, after the right-of-way dedication of land at the south portion of the site to the Village (Section 6-212.D.6.c.)

3. Rear Yard Setback. Reduce the rear yard setback along the north property line from thirty (30) feet to as little as nine (9) feet ten (10) inches (9.9 feet) (Section 6-212.D.6.d.)

4. Permitted Uses Between the Building and the Street. Allow for a drive aisle, drop-off area, and loading area to be located within the setback area between the building façade and Southwest Highway, and to allow for a trash enclosure and two parking spaces to be located within the setback area between the building façade and Union Avenue (Section 6-212.E.2)

5. Parking Space Size. Reduce the required parking space size from nine (9) feet by eighteen (18) feet to as little as nine (9) feet by sixteen (16) feet to allow for compact car parking spaces at certain locations on-site (Section 6-306.C.1)

6. Parking Space Access. Allow for double-stacked parking spaces without direct and unrestricted access to an aisle at certain locations on-site (Section 6-306.C.2)

7. Retaining Wall Setback, Height, and Spacing. Allow for retaining walls at certain locations on-site to be constructed within three (3) feet from the property line, exceed a height of three (3) feet, and exceed spacing requirements (Section 6-302.C.31)

8. Balcony Setbacks-. Increase the allowable projection of the balconies into the required rear yard setback from three (3) feet to four (4) feet (Section 6-302.C.4)

9. Parking Lot Setbacks and Landscaping. Reduce the parking lot setback and landscape area from ten (10) feet to as little as four (4) feet along the west property line (Union Avenue) and along the southeast property line (Southwest Highway) (Section 6-305.D.6.a.1)

10. Foundation Landscaping. Reduce the building foundation planting area along the southeast and west façades from ten (10) feet to as little as two and a half (2.5) feet (Section 6-305.D.5.)

11. Landscape Corridor. Allow for shrubs and ornamental grasses as a plant material substitution for a portion of the required Landscape Corridor plantings and the relocation of the required Landscape Corridor landscaping into a different Landscape Zone on-site (Section 6-305.D.3)