Each of the permitted uses allowed in the C1 - village center commercial district.
All retail establishments, financial institutions and service uses that include drive-through facilities.
Planned developments including commercial-residential mixed use developments.
Private utilities, including substations, transmission facilities and related facilities, and telecommunication towers, antennas and personal wireless services facilities, but prohibiting transmitting or receiving telecommunication towers greater than forty five feet (45') in height.
Privately owned parking lots, provided that the parking lot is exclusively used in conjunction with an adjacent building located in the MXD - mixed use commercial- residential district as a convenience for patrons, employees, tenants and owners of the building. As a condition of the issuance of the conditional use permit, the property owner shall file with the office of the Cook County recorder of deeds a covenant against title to the building and parking lot properties, which has been approved by the village attorney, requiring that title to said properties always be held by the same owner. A copy of the recorded covenant shall be filed with the village. The private parking lot shall not be operated as a commuter parking lot, unless the village's corporate authorities, by adoption of an ordinance, allow for the use as a commuter parking lot but not a detached multilevel enclosed parking garage.
C. Eligible Properties: The properties that are eligible to be rezoned to this district are located at the southeast corner of the Burlington Avenue and Wolf Road intersection and are identified as property index numbers 18-05-305-011, 18-05-305-028 and 18-05-305-029 (formerly the Tischler's Grocery Store site and the Breen's Drycleaner Store site); property index numbers 18-05-305-009, 18-05-305-010 and 18-05-305-023 (the Benak Auto Repair Shop site); and property index numbers: 18-05-305-026 (the Commonwealth Edison site).
D. Minimum Lot Area: None.
E. Minimum Lot Width: None.
F. Minimum Yard Requirements:
2. Corner and reversed corner side yard: None.
3. Interior side yard: None.
G. Transitional Yard Requirements:
2. Corner side yard: None.
3. Interior side yard: Equal to that of the abutting residential district, but not less than five feet (5'); except that no interior side yard is required if the abutting property is not used for a residential purpose. The setback requirement may be waived or reduced by the village's corporate authorities as part of the approval of a development application.
4. Side yard: Equal to that of the abutting residential district, but not less than five feet (5'); except that no side yard is required if the abutting property is not used for a residential purpose. The setback requirement may be waived or reduced by the village's corporate authorities as part of the approval of a development application.
5. Rear yard: Twenty percent (20%) of the lot depth or thirty feet (30'), whichever is less; except that no rear yard is required if the abutting property is not used for a residential purpose. The setback requirement may be waived or reduced by the village's corporate authorities as part of the approval of a development application.
H. Minimum Required On Site Parking For Residential Dwelling Units: One on site parking stall per dwelling unit shall be provided for all multi-unit residential developments and commercial-residential mixed use developments.
I. On Site Parking For Commercial Spaces; Building Height Adjustment: On site parking spaces are not required to serve the commercial spaces located in a commercial-residential mixed use development; however, if on site parking spaces are dedicated for use by customers of the commercial tenant spaces, then the maximum building height of the commercial- residential mixed use development can be increased as provided in subsection J3 of this section.
J. Maximum Building Height:
1. Permitted uses: Thirty five feet (35'), or two and one-half (21/2) stories, whichever is less.
2. Conditional uses: Forty five feet (45'), or three and one- half (31/2) stories, whichever is less.
3. Conditional use with on site parking for commercial spaces: Fifty feet (50') or four (4) stories, whichever is less. For each on site parking space that is dedicated for use by customers of the commercial spaces, the forty five foot (45') maximum building height under subsection J2 of this section can be increased by one-half foot (0.5') up to a maximum of five feet (5') of additional vertical building height.
K. Minimum Setback For Fourth Floor: At least fifty percent (50%) of each side of the building adjacent to a public right of way (e.g., alley, sidewalk or street) shall have its fourth floor exterior wall set back from the third floor exterior perimeter wall a distance of at least six feet (6.0').
L. Maximum Building Coverage: The amount of lot area covered by a principal building shall not exceed ninety percent (90%).
M. Minimum Floor Area For Dwelling Units: The minimum floor area for dwelling units is set forth below:
1. Studio units: Six hundred fifty (650) square feet.
2. One bedroom units: Eight hundred (800) square feet.
3. Two (2) bedroom units: One thousand (1,000) square feet.
4. Three (3) bedroom units: One thousand two hundred (1,200) square feet.
The minimum floor area requirement for any dwelling unit(s) may be reduced by no more than twenty percent (20%) by ordinance approved by the village's corporate authorities as part of the approval of commercial- residential mixed use development after a public hearing is conducted by the plan commission.
Major changes to a set of approved final plans for a commercial-residential mixed use development may be approved by ordinance by the village's corporate authorities at a public meeting after compliance with subsection
10-8-5D of this ordinance. Minor changes to a set of approved final plans for a commercial-residential mixed use development may be approved by ordinance by the village's corporate authorities at a public meeting after compliance with subsection
10-8-5D of this ordinance. The submittal requirements for any minor changes to an approved set of final plans shall be a revised set of final plans showing the proposed changes and a signed cover memorandum from the architect or applicant explaining the changes and such other relevant documents requested by the community development director and the corporate authorities of the village. Minor changes shall not result in or create nonconformities with this ordinance. Major changes and minor changes are defined in subsection
10-8-5B of this ordinance.
N. Exemptions For Planned Developments: Any development that is approved as a planned development under this district shall be exempt from the following regulations contained in chapter 8, "Planned Developments", of this ordinance:
1. Subsection
10-8-3E: The minimum area of a planned development should be five (5) acres.
2. Subsection
10-8-3F: Yards along the periphery of a planned development should be compatible with the yards of the adjacent properties.
3. Subsection
10-8-4A3: Proposed use exceptions shall not represent more than forty percent (40%) of the site area or more than forty percent (40%) of the total floor area, whichever is less. However, in a residential planned development area no more than ten percent (10%) of the site area or a total floor area whichever is less, shall be devoted to commercial use, and provided that such commercial use is integral to the nature of the planned development.
4. Subsection
10-8-4B1b: In residential planned developments, the maximum number of dwelling units allowed shall not exceed by more than forty percent (40%) of the number of dwelling units permitted in the underlying zoning district.
5. Subsection
10-8-4B1c: The area of open space provided in a planned development shall be at least twenty five percent (25%) more than that required in the underlying zoning district.
6. Subsection
10-8-4B1d: Along the periphery of such planned developments, yards shall be provided as required by the regulations of the underlying zoning district.
7. Subsection
10-8-4B1e: Building height shall not exceed thirty five feet (35'), except that utilization of a building existing on the site which is taller than thirty five feet (35') shall be permitted.
8. Section
10-4-9, "Landscape Requirements": All developments in this district are exempt from the landscape requirements of this ordinance, subject to compliance with subsection O of this section.
O. Landscape Plan: As part of the application, the applicant shall provide a detailed landscape and streetscape plan for the development for village staff review and input, which shall be subject to approval by the village board after a recommendation is received from the plan commission.
P. Application Submittals, Approval Process, And Exceptions:
1. Application Submittals: The required submittals for a commercial-residential mixed use development shall be as set forth in subsection P4 of this section. The required submittals for any other conditional use or any other planned development shall be the same as set forth in subsection
10-3-14C, "Initiation Of Conditional Use Application", or section
10-8-8, "Submittal Requirements", of this ordinance, as applicable; however, the village board, at any time after the application is filed or as part of any preliminary or final approval, may approve the modification and/or reduction of the required application submission materials by passage of motion, resolution or ordinance for any proposed planned development or a commercial-residential mixed use development.
2. Review And Approval Process: The procedure for consideration of an application for a commercial-residential mixed use development, a conditional use or a planned development under this district shall be the same as set forth in subsections
10-3-14E, "Public Hearing", and 10-3-14F, "Plan Commission Action", and section
10-8-5, "Procedure", of this ordinance, except an applicant may request a "simultaneous approval process" that combines the preliminary plan and final plan approvals as set forth in subsections
10-8-5B and C of this ordinance.
3. Exceptions: At the request of the applicant, the village board may grant exceptions from any of the applicable submittal requirements, standards or the applicable provisions of this ordinance as part of the consideration of the application and/or approval of application for commercial- residential mixed use development, a conditional use or a planned development.
4. Submittals; Commercial-Residential Mixed Use Development: The required submittals for a commercial-residential mixed use development shall be as follows:
a. Narrative description of the project, developer/applicant background and experience, and description of how the plan complies with the design guidelines of the 2011 downtown redevelopment plan.
b. Market study (prepared by applicant or others) including unit sizes, sales projections, marketing materials, impact fees, real estate tax and sales tax projections, and land dedications and other relevant data.
c. Project pro forma (required only if financial incentives are requested).
e. Site plan (which shows the location and dimensions of all proposed buildings, structures, driveways, easements, landscaping and site data table for bulk regulations and parking).
f. A topographic survey and location map.
g. Floor plans for all levels of the building.
h. Exterior/interior color perspective drawings.
i. Building elevation drawings.
k. Sample building materials (including exterior wall and window materials, shingles, etc.).
m. Stormwater drainage calculations, SWPPP and related plans.
n. Landscape plan (including proposed location of fences, walls, landscape and other improvements).
o. Lighting and photometric plan.
r. Plat of condominium conforming to the Illinois condominium property act
or plat of subdivision (in recordable form) (required at the time of request for a temporary or final occupancy permit). s. Declaration of easements, covenants and restrictions (approved as to form and content by the village attorney) and bylaws of proposed homeowners' association (required at the time of request for a temporary or final occupancy permit).
t. Property maintenance plan (which covers the continued maintenance of the common areas, landscaped areas, driveways and exterior of the buildings, unless maintenance is covered in declaration) (approved as to form and content by the director of community development) (required at the time of request for a temporary or final occupancy permit).
u. Statement of legal ownership of the property, the ownership interest of the applicant in the property, a listing of all restrictions, lis pendens and encumbrances of record (or a title commitment), the nature of ownership to the subsequent purchasers (fee simple title, condominium, etc.) and the legal description of the property.
The village board, in its discretion and based on a recommendation from the director of community development or the village engineer, may require that additional specific documents unique to a proposed conditional use/planned development be filed as part of the application process or may waive the requirement of the preparation and filing of one or more of the above documents.
5. Submittals For Building Permit: As a condition of approval of a building permit application (or conditional use permit), the applicant shall submit to the department of community development as part of the plan review and final approval by the department or the village board, as appropriate:
a. The final versions of the documents required under subsection P4 of this section.
b. Grading plan with executed grading and stormwater maintenance facility agreement (on the village approved form).
d. Soil borings and test results and environmental inspection reports to assess site preparation and construction management plan and protocols.
e. All applicable federal, state, county and local permits, licenses and approvals.
6. Improvement Standards: All improvements to real property within this district shall conform to the applicable regulations of the Western Springs municipal code, unless a waiver, variance or other development allowance is approved by ordinance by the village board.
7. Plats Of Subdivisions: Provided that no public improvements are required, any plat of subdivision or resubdivision or plat of condominium for real property in this district shall be classified as a minor subdivision, shall be processed under the minor subdivision regulations of subsection
10-10-3C of this ordinance and the four (4) or fewer lot limitation for minor subdivisions shall not apply to a commercial-residential mixed use development. The village board may also grant exceptions from any of the applicable submittal requirements, standards or the applicable provisions of this ordinance as part of its approval of the plat. (Ord. 15-2786, 2-23-2015)