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HomeMy WebLinkAboutG96-04 r • Ordinance No. G96-04 AN ORDINANCE RECLASSIFYING PROPERTY FROM CC CENTER CITY DISTRICT TO PCC PLANNED CENTER CITY DISTRICT (Fountain Square on the River, 6-52 South Grove Avenue) WHEREAS, written application has been made to reclassify certain property located at 6- 52 South Grove Avenue from CC 1 Center City District to PCC Planned Center City District; and WHEREAS, the Planning and Development Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified; and WHEREAS, the City Council of the City has reviewed the findings and recommendation of the Planning and Development Commission and concurs in such recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated October 18, 2004, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries herein before laid out in the "Zoning District Map", as amended, be and are hereby altered by including in the PCC Planned Center City District the following described property: Parcel 1: Private Development Parcel Parcel One: That part of Lots "A", `B", "C", "D", `B" and "F" lying Easterly of the Easterly line of Riverside Avenue in Harvey and Amick's Subdivision of Lots 6 and 7 in Block 21 of James T. Gifford's Plat of Elgin, according to the plat of said Harvey and Amick's Subdivision recorded April 17, 1866 in book 2 of maps, page 139 %z, in the City of Elgin, Kane County, Illinois. Parcel Two: That part of the Northerly 22 feet of Lot 8 lying Easterly of the Easterly line of Riverside Avenue, in Block 21 of the original Town of Elgin, As laid out by James T. Gifford, in the City of Elgin, Kane County, Illinois. Parcel 2: City Parcel Parcel One: Lots 1, 2, 3, 4, 5, and 6 and part of Lot 10 of B.W. Raymond's Subdivision of Lots 1, 3, 4, and 5 of Block 21 of the original Town of Elgin, on the East side of Fox River; Lots 1, 2, and part of Lot 3 of Mcosker's Subdivision of Lots 7, 8, 9, 10, and 10 % of B. W. Raymond's Subdivision of Lot 1 in Block 21 of the original Town of Elgin, and that portion of land lying between Lot 9 and Fox River; also part of the vacated alley lying on the Southerly portion of said Mcosker's Subdivision; also part of Lot 2 in Block 21 of the original Town of Elgin, on the East side of Fox River; all of the forgoing being described as a tract as follows: beginning at a point in the Southerly line of the Northerly 22 feet of Lot 2 in Block 21 aforesaid, 95 feet Southwesterly, measured along said Southerly line, from the Westerly line extended of Lot 4 of B. W. Raymond's Subdivision; thence Northwesterly parallel with said Westerly line extended of said Lot 4 a distance of 42 feet; thence Northwesterly to a point on the Westerly line of Lot 2 of Mcosker's Subdivision 105 feet Northwesterly from the Southwesterly corner thereof; thence Northwesterly along the Westerly line of Lot 2 of Mcosker's Subdivision to the Northwesterly corner thereof and the South line of Chicago Street; thence East along said South line of Chicago Street to the Westerly line of Grove Avenue; thence Southeasterly along said Westerly line of Grove Avenue to the Southeast corner of Lot 2 in Block 21 aforesaid; thence Westerly along the Southerly line of said Lot 2 to the Easterly line of Riverside Avenue; thence Northerly along said Easterly line to the point of beginning, in the City of Elgin, Kane County, Illinois. Parcel Two: Lot 11 and that part of Lot 28 lying Easterly of the Easterly line of Riverside Avenue and that part of the vacated alley lying between said Lots 11 and 28, all in B. W. Raymond's Subdivision of Lots 1, 3, 4 and 5 of Block 21 of the original Town of Elgin, on the East side of Fox River, in the City of Elgin, Kane County, Illinois. Parcel Three: That part of Lots 12 and 27 in B. W. Raymond's Subdivision of Lots 1, 3, 4 and 5 in Block 21 of the original Town of Elgin, on the East Side of Fox River, and the vacated alley lying between said Lots 12 and 27, lying between the Westerly line of South Grove Avenue, and the Easterly line of Riverside Avenue, in the City of Elgin, Kane County, Illinois. Parcel Four: Lots 13, 14, 15, 16, 23, 24, 25 and 26 and the vacated 20 foot alley adjoining said Lots in B. W. Raymond's Subdivision of Lots 1, 3, 4 and 5 in Block 21, of the original Town of Elgin, on the East side of Fox River, in the City of Elgin, Kane County, Illinois. Parcel Five: Lots 17, 18, 21 and 22 (except that part of said Lots, if any, falling within Riverside Avenue) of B. W. Raymond's Subdivision of Lots 1, 3, 4 and 5 in Block 21 of the original Town of Elgin, on the East side of Fox River in the East fraction of Southeast 1/4 of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian; also, all that part of an alley 20 feet wide(now vacated) in said Subdivision, which lies between said Lots 21 and 22, and said Lots 17 and 18 and South of the North lines of said lots and North of the South line of said Lots extended across said alley, all in the City of Elgin,Kane County, Illinois. Parcel Six: Lots 19 and 20 and the vacated 20 foot alley lying between said Lots in B. W. Raymond's Subdivision of Lots 1, 3, 4 and 5 in Block 21 of the original Town of Elgin, on the East side of Fox River, (except that part lying West of the Easterly line of Riverside Avenue as established by plat recorded September 22, 1885 in book 7, page 13), in the City of Elgin, Kane County, Illinois (property commonly known as 6-52 South Grove Avenue)." Section 3. That the City Council of the City of Elgin hereby grants the rezoning from CC1 Center City District to PCC Planned Center City District at 6-52 South Grove Avenue which shall be designed,developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PCC Planned Center City District is to facilitate the implementation of the official comprehensive plan for the center city, as focused on a distinctive sub area of the city with a common urban fabric. This PCC Zoning District is most similar to, but departs from the standard requirements of the CC1 Zoning District. The PCC District is subject to the provisions of Chapter 19.60, Planned Developments. In general, the purpose and intent of the provision for planned developments is to accommodate unique development situations. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol [SR], shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PCC District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, as may be amended from time to time. D. Zoning Districts - Generally. In this PCC Planned Center City District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07,Zoning Districts, as may be amended from time to time. E. Location and Size of District. PCC Planned Center City Districts should be located in substantial conformance to the official comprehensive plan for the center city. No additional CC 1 zoning district shall be mapped subsequent to the effective date of this title, unless such property to be mapped adjoins an existing CC zoning district. There shall be no maximum or minimum area of land, which shall be necessary to constitute the CC 1 Center City District. F. Land Use. In this PCC Planned Center City District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, as amended. The following enumerated"land uses" [SRI shall be the only land uses allowed as a "permitted use" [SRI, a "conditional use" [SRI, or as a"similar use" [SRI in the PCC Planned Center City District: 1. Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in the PCC Planned Center City District. Non-residential uses shall be limited to those portions of the building designated for such uses. a. Residences Division: "Attached single family dwellings" [SRI (UNCL). "Multiple-family dwellings" [SRI (UNCL). "Residential garage sales" [SRI (UNCL). "Residential occupations" [SRI (UNCL). "Residential parking areas" [SRI (UNCL). "Residential storage" [SRI (UNCL). "Residential storage of trucks or buses" [SRI (UNCL). b. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SRI containing less than two (2) acres of land. C. Offices Division: "Offices" [SRI (UNCL). d. Finance,Insurance, and Real Estate Division: "Development sales office" [SRI (UNCL). Finance, insurance, and real estate (H). e. Services Division: Advertising(731). Barbershops (724). Beauty shops (723). Computer programming, data processing and other computer- related services (737). Computer rental and leasing(7377). Engineering, accounting, research, management and related services (87). "Home child daycare services" [SRI (8351). Home health care services (808). Legal services (811). Laundry collecting and distributing outlets (7211). Mailing, reproduction, commercial art and photography, and stenographic services (733). "Management and public relations services (874). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy(803). Offices and clinics of other health practitioners (804). Photographic studios, portrait (722). Physical fitness facilities (7991). "Residential care facility[SR]. Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). Videotape rental (784). Watch, clock and jewelry repair(763). L Retail Trade Division: Apparel and accessory stores (56). Carryout restaurants (5812) Convenience food stores, operated on a twenty four(24) hour basis (5411). Direct selling establishments (5963). Drugstores and proprietary stores (591). Eating places (5812). Florists (5992). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified (5999). Miscellaneous shopping goods stores (594). News dealers (5994). Optical goods stores (5995). g. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). h. Transportation, Communication And Utilities Division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation(472). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). "Radio and television antennas" [SR] (UNCL). "Satellite dish antennas" [SR] (UNCL). "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). i. Miscellaneous Uses Division: "Parking structures" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. 2. Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in the PCC Planned Center City District. Non-residential uses shall be limited to those portions of the building designated for such uses. a. Residences Division: "Conditional residential occupations" [SR] (UNCL). b. Services Division: Child daycare services (835). C. Retail Trade Division: Drinking places (alcoholic beverages) (5813). Food stores (54). "Outdoor eating and drinking facilities" [SR] (UNCL). "Package liquor sales establishments" [SR] (5921). Tobacco stores (5993). d. Transportation, Communication, and Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (LNCL). Courier services (4215). Heliport (458). "Loading facilities" [SR], exclusive "accessory" [SR] to a use allowed in the district, subject to the provisions of chapter 19.47, "Off Street Loading", of this title. "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Packing and crating(4783). "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation(44). d. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Master signage plan" [SR], subject to the provisions of chapter 19.50, "Signs", of this title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of chapter 19.60, 'Planned Developments", of this title. G. Site Design. In this PCC Planned Center City District, the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. The development of land and structures shall be in substantial conformance with the following: 1. Substantial conformance to the Statement of Purpose and Conformance, prepared by Peter C. Bazos, Esq., Schnell, Bazos, Freeman, Kramer, Schuster&Vanek, dated August 26, 2004. 2. Substantial conformance to the "Fountain Square on the River" Preliminary Plan, Site Plan, Landscape Plan, Overall Parking Plan, Building Elevations, and Floor Plans prepared by Legat Architects, RSC & , . Associates, Inc, and Hitchcock Design Group, dated October 11, 2004. 3. Submission and approval of construction drawings and specifications. All building elevations shall indicate the design of and material used for the exterior features of the towers and mid-rise buildings. Details shall be provided for cornices, windows and doors, entryways to the townhomes, storefronts and common areas, landscape features, parking stalls, retaining walls and stairways, and any improvements on the public right of way, and shall be approved by the Development Administrator. 4. Exterior building materials for the townhomes shall consist of 100% conventional brick masonry with architectural pre-cast stone trim pieces. Exterior building materials for the 8-story buildings shall consist of the following: a. In the areas of the commercial storefronts at ground level (first story), a combination of (i) glass and metal storefront and (ii) architectural concrete pre-cast panels with a limestone appearance, and(iii) conventional brick; b. In all other areas at ground level (first story), (i) conventional brick masonry with architectural concrete pre-cast trim and (ii) architectural concrete pre-cast panels with a limestone appearance; C. Above the first story, architectural finished precast concrete panels in both brick and traditional lime stone patterns and colors. 5. Establishment of a Capital Reserve for the painting and maintenance of the building exterior. 6. A minimum of 116 public parking spaces shall be provided. 7. Conformance to all other applicable codes and ordinances. H. Off Street Parking. In this PCC Planned Center City District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as may be amended, except as provided within this section. I. Off Street Loading. In this PCC Planned Center City District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, as may be amended from time to time. I Signs. In this PCC Planned Center City District, signs shall be subject to the provisions of 19.50, Signs, as maybe amended from time to time. K. Planned Developments. In this PCC Planned Center City District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60,Planned Developments, as may be amended from time to time. L. Conditional Uses. In this PCC Planned Center City District, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, as may be amended from time to time. M. Variations. In this PCC Planned Center City District, application for variation shall be subject to the provisions of Chapter 19.70, Variations, as may be amended from time to time. N. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, as may be amended from time to time. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/Ed Schock Ed Schock, Mayor Presented: December 1, 2004 Passed: December 1, 2004 Vote: Yeas: 6 Nays: 0 Recorded: December 2, 2004 Published: Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk t October 18,2004 FINDINGS OF FACT .Planning and Development Commission City of Elgin, Illinois SUBJECT Consideration of Petition 68-04 Requesting a Map Amendment from CCl Center City District to PCC Planned Center City District for a Mixed Use Residential and Retail Development in the ARC Arterial Road Corridor Overlay District; Property Located at 6-52.South Grove Avenue,by RSC- ELGIN, L.L.C., as Applicant, and Left Bank, L.L.C. and the City of Elgin, as Owners. GENERAL INFORMATION Requested Action: Map Amendment Current Zoning: CC Center City District Proposed Zoning: PCC Planned Center City District i Intended Use: Mixed Use Residential and Retail Development Property Location: 6-52 South Grove Avenue Applicant: RSC-Elgin, L.L.C. Owners: Left Bank, L.L.C. and City of Elgin Staff Coordinator: Janice Ward, Senior Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map .(see attached) C. Parcel Map (see attached) D. Aerial Map (see attached) E. Site Photos (see attached) Exhibit A Findings of Fact Planning and Development Com 'ssion Petition 68-04 Octob4 2004 F. Statement of Purpose and Conformance (see attached) J G. Draft Planned Development Ordinance (see attached) H. Related Correspondence (see attached) I. Development Plan (see attached) BACKGROUND An application has been filed by RSC-Elgin,L.L.C.,requesting a Map Amendment from CC 1 Center City District to PCC Planned Center City District to permit the construction of a mixed use development comprised of residential condominiums and townhomes,retail and restaurant land uses, and public and private parking facilities. The subject property is located at 6-52 South Grove Avenue and will be known as"Fountain Square on the River"(reference Exhibits A,B,C,D,and E). The applicants are proposing to construct a development consisting of two (2) three-story midrise buildings and two (2) eight-story buildings at the southwest corner of South Grove Avenue and Chicago Street.The buildings will be completed in two phases with Phase 1 being completed Spring 2007 and Phase 2 being completed Spring 2009. The buildings will be constructed with a combination of brick and architectural finished precast concrete panels consisting ofboth brick and i traditional lime stone patterns and colors. A total of 211 residential units, consisting of 195 condominiums,9 residential duplex units,and 7 townhomes will be developed.The units will range in size from 652 square feet for a one bedroom unit to 2,500 square feet for a 3 bedroom unit. A lower level and street level parking garage, containing approximately 276 private and 116 public parking spaces for a total of 392 spaces, will be constructed. Additionally,.there will be 10,300 square feet of commercial space available for retail and restaurant uses(reference Exhibits F,G,H, and 1). The City Council entered into a Development Agreement with RSC-Elgin, L.L.C., on August 11, 2004, for the development of a mixed residential and commercial project. The Community Development Group and the developer have agreed on the fundamental characteristics and general terms of this project. FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing inconsideration of Petition 68-04 on October 18,2004. The applicant testified at the public hearing and presented documentary evidence in support of the application. One attendee provided public testimony. Written correspondence has been received. The Community Development Group submitted a Map Amendment Review, dated October 8, 2004. The Planning and Development Commission has made the following findings concerning the standards for map amendments: 2 Findings of Fact Planning and Development Commission Petition 68-04 October 8, 2004 A. Site Characteristics Standard. The suitability of the subject property for the intended zoning district with respect to its size, shape, significant natural features (including topography,watercourse and vegetation), and existing improvements. Findings. The subject property is suitable for the intended zoning district with respect to the site characteristics standard, The subject property consists of one (1) regularly shaped and one (1) irregularly shaped parcel containing a total of 2.12 acres of land. The property is currently,developed with a parking lot and a commercial building that fronts on Grove Avenue. There are no natural features on either site that are worthy of preservation. B. Sewer and Water Standard. The suitability of the subject property for the intended zoning district with respect to the availability of adequate municipal water, wastewater treatment, and storm water control facilities. Findings. The subject property is suitable for the intended zoning district with respect to the sewer and water standard. The property will be served by municipal sanitary sewer, storm sewer, and water services. } C. Traffic and Parking Standard. The suitability of the subject property for the intended zoning district with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. Findings. The subject property is suitable for the intended zoning district with respect to the traffic and parking standard. The subject property is located at the corner of Grove Avenue and Chicago Street. Grove Avenue is a local street that serves Elgin's downtown and Chicago Street is an arterial roadway that primarily serves the City's east side. Through this project,a total of 392 parking spaces will be provided. The 276 private parking spaces will provide at least one parking space per residential dwelling unit. The 116 public spaces will provide the parking required for 8,500 square feet of retail space or a combination of retail and restaurant uses and the 82 parking spaces deeded to the Burritt building for use Monday thru Friday from Sam to 5. The remaining 1,800 square feet of commercial space will not be occupied until a downtown parking garage is constructed and sufficient parking spaces are purchased by the applicant for clientele use. The Zoning Ordinance does not require off-street parking for businesses located in the CC Center City Districts. 3 Findings of Fact Planning and Development Commission Petition 68-04 October 8, 2004 D. Zoning History Standard. The suitability of the subject property for the intended zoning district with respect to the length of time the property.has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended.zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property has been zoned as follows for the years listed: 1927: E Commercial District 1950: E Commercial District 1960: E Commercial District 1962: B2 Central Business District 1992: B2 Central Business District Present: CC Center City District E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. The area north, east and south of the subject property is zoned CC1 Center City and is developed with commercial uses,including restaurants,offices and service businesses. On the west,the subject property backs to Riverside Drive and the Fox River which is zoned CF Community Facility District. F. Trend of Development Standard. The suitability of the subject property for the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings. The subject property is suitable for the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend within the area. The subject property is located within Elgin's downtown in an area that has developed with a mix of retail,office,restaurant,community facility,entertainment and recreational land uses. The development of condominiums and townhouses south of the subject property has introduced additional residential land uses to the mix of land uses in the Center City District. G. Zoning District Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. The purpose of the PCC Planned Center City District is to facilitate the implementation of the official Comprehensive Plan for the center city,as focused on a distinctive sub-area of the 4 g Development Commission Plannin and Develo Findings of Fact P Petition 68-04 October 8, 2004 city with a common urban fabric. This zoning district provides for a concentration of finance,service,retail,civic,office and cultural uses in addition to complementary uses such as hotels,entertainment and housing. The development standards are intended to encourage a mix of activity in the area while providing for quality development that maintains a sense of history, human scale and pedestrian-oriented character. The PCC District is subject to the provisions of Chapter 19.60,Planned Developments. In general,the purpose and intent of the provision for planned developments is to accommodate unique development situations. For planned development districts,the planned development should demonstrate the following characteristics: 1. An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public that would not be possible under the strict application of the other chapters of this title. 2. A creative approach to the.use of land and related improvements resulting in better design and construction of aesthetic amenities. 3. The preservation of significant natural features including topography,watercourses, wetlands, and vegetation. A PCC Planned Center City District should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCC zoning district exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. No departure from the required minimum size of a PCC Planned Center City District shall be granted by the City Council. Findings. The subject property is suitable for the intended zoning district with respect to conformance to the provision for the purpose and intent of the PCC Planned Center City District. The proposed map amendment is in substantial conformance with the purpose and intent of the planned development provisions. The introduction of a'mixed-use development consisting of townhomes, condominiums, retail and restaurant uses to the downtown area will create an opportunity for the public which would not otherwise be possible in the absence of planned development approval.This project represents a creative approach to the . use of the land and will be an amenity to the downtown. The proposed building will be constructed of finished precast concrete panels that include ornamental architectural features which will enhance the project's appearance. The project will feature a promenade that provides a gateway to the riverfront from South Grove Avenue. In addition, a public plaza will provide an outdoor gathering place that is accented with a fountain, landscaping and public garden. 5 t Findings of Fact Planning and Development Commission Petition 68-04 October 8, 2004 H. Comprehensive Plan Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The subject property is suitable for the intended zoning district with respect to the Comprehensive Plan Standard. The subject property is designated as"Commercial Core District and South Grove District" by the Elgin Center City Master Plan, 1991. This designation is appropriate for the proposed residential development. I. Natural Preservation Standard. The suitability of the subject property for the intended planned development with respect to the preservation of all significant natural features including topography,watercourses, wetlands, and vegetation. Findings. The subject property is suitable for the intended planned development with respect to the Natural Preservation Standard. The subject property contains no significant natural features. J. Internal Land Use Standard. The suitability of the subject property for the intended planned development with respect to the land uses permitted within the development being ) located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding property. Findings. The subject property is suitable for the intended planned development with respect to the internal land use standard. No evidence has been submitted or found that the proposed planned development will be located,designed,or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards,regulations, requirements, and procedures of the zoning ordinance. For the purposes of this section, the most similar zoning districts are the CC and CC2 Center City Districts. The applicant is requesting the following departures from the standard requirements of the CCI and CC2 Districts: A. Section 19.35.535) Building Height. In the CC Center City District, the building height shall fall within 20% of the average building height found within the block, up to a maximum of 100 feet high. The proposed building will be the tallest building on that block and will exceed the 20% height variation since the average building height is 2 stories. 6 Findings of Fact Planning and Development Commission Petition 68-04 October 8, 2004 B. Section 19.35.735N Floor Area for Residential Dwellings. In the CC Center City Districts, the minimum floor area of a dwelling unit is six hundred(600)square feet,plus an additional two hundred fifty(250) square feet for each bedroom. The proposed building will have 1 bedroom units that are a minimum 652 square feet (a 23%departure) and 2 bedroom units that are a minimum 956 square feet (a 13%departure). SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES The Planning and Development Commission has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings. 1. Positive Attributes. The development of the subject property will be consistent with the overall goals set forth in the Elgin Riverfront/Center City Master Plan. The subject property is a predominant site among the riverfront and center city areas and the redevelopment of this area will likely stimulate further investment and redevelopment in this area. The proposed development will expand the supply of desirable market rate housing in the Center City. The buildings will be constructed with a combination of brick and finished precast concrete panels consisting of both brick and traditional lime stone patterns and colors. Ornamental architectural features will enhance the project's appearance. The project will feature a promenade that provides a gateway to the riverfront from South Grove Avenue. In addition,a public plaza will provide an outdoor gathering place that is accented with a fountain,landscaping and public garden. As a result of the planned development,the city is assured of an upscale residential neighborhood in an urban setting. 2. Zoning District Standard. The proposed map amendment is in substantial conformance with the purpose and intent of the planned development provisions.The introduction of a mixed-use development consisting of townhomes,condominiums, retail and restaurant uses to the downtown area will create an opportunity for the public which would not otherwise be possible in the absence ofplanned development approval. This project represents a creative approach to the use of the land and will be an amenity to the downtown. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substantive alternatives. 7 Findings of Fact Planning and Development Commission Petition 68-04 October 8, 2004 RECOMMENDATION The Planning and Development Commission hereby recommends the approval of Petition 68-04. On a motion to recommend approval, subject to the following conditions,the vote was five(5)yes and zero (0)no: 1. Substantial conformance to the Statement of Purpose and Conformance,prepared by Peter C. Bazos, Esq., Schnell,Bazos,Freeman,Kramer, Schuster&Vanek, dated August 26,2004. 2. Substantial conformance to the"Fountain Square on the River"Preliminary Plan, Site Plan, Landscape Plan, Overall Parking Plan,Building Elevations, and Floor Plans prepared by Legat Architects, RSC & Associates, Inc, and Hitchcock Design Group, dated October 11, 2004. Revisions thereto shall be made as required by the Community Development Group. 3. Conformance to all other applicable codes and ordinances. Therefore,the motion to recommend approval was adopted. Respectfully submitted: J Hurlbut, Chairman Planning and Development Commission Ja ' e Ward, Secretary Planning and Development Commission 8