Loading...
HomeMy WebLinkAboutG1-00 Ordinance No. G1-00 AN ORDINANCE RECLASSIFYING PROPERTY AT 801 N. MCLEAN BOULEVARD AND 1445 ROYAL BOULEVARD (Windsor Development Corporation) WHEREAS, written application has been made to reclassify certain property located at 801 N. McLean Boulevard and 1445 Royal Boulevard from RC1 Residence Conservation District and MFR Multiple Family Residential District to PMFR Planned Multiple Family Residential District ; and WHEREAS, the Planning and Development Commission has conducted a public hearing after due notice and submitted its written findings and recommendations to the City Council ; and WHEREAS, the City Council has reviewed the recommendations 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 Chapter 19 . 07, Section 19 . 07 . 600 entitled "Zoning District Map" of the Elgin Municipal Code, eimk 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinafter laid out in the ' Zoning District Map ' , as amended, be and are hereby altered by excluding from the RC1 Residence Conservation District and MFR Multiple Family Residential District and including in the PMFR Planned Multiple Family Residential District, the following described property: THAT PART OF THE WEST HALF OF SECTION 10 , TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION WITH THE SOUTH LINE OF COUNTRY AIRE SUBDIVISION, UNIT NO. 4 , BEING A SUBDIVISION OF PART OF SAID SECTION 10 , BEING 458 . 70 FEET NORTH OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG THE EAST LINE OF SAID WEST HALF, A DISTANCE OF 939 . 04 FEET TO A POINT 203 . 18 FEET NORTH OF THE CENTER LINE OF WING STREET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, AT RIGHT ANGLES TO SAID EAST LINE, A DISTANCE OF 176 .20 FEET; THENCE SOUTH 14 DEGREES 48 MINUTES 00 SECONDS WEST, ALONG A LINE FORMING AN ANGLE OF 104 DEGREES 48 MINUTES MEASURED FROM EAST TO SOUTH TO SOUTHWEST WITH THE LAST DESCRIBED LINE, 136 . 61 FEET TO THE CENTER LINE OF SAID WING STREET; THENCE NORTH 71 DEGREES 23 MINUTES 04 SECONDS EAST, ALONG SAID CENTER LINE, A DISTANCE OF 214 . 80 FEET; THENCE NORTH 18 DEGREES 36 MINUTES 56 SECONDS EAST, A DISTANCE OF 25 . 00 FEET TO THE NORTHERLY LINE OF MCLEAN BOULEVARD PER DOCUMENT NO. 843388 ; THENCE NORTH 57 DEGREES 22 MINUTES 29 SECONDS WEST, ALONG SAID NORTHERLY LINE, A DISTANCE OF 6 . 32 FEET TO THE EASTERLY LINE OF FREIDLAND ' S SUBDIVISION, BEING A SUBDIVISION OF PART OF THE AFORESAID WEST HALF OF SECTION 10 ; THENCE NORTH 12 DEGREES 42 MINUTES 17 SECONDS EAST, ALONG SAID EAST LINE, A DISTANCE OF 81 . 13 FEET TO A JOB IN SAID EAST LINE; THENCE SOUTH 77 DEGREES 17 MINUTES 43 SECONDS EAST, ALONG SAID JOB, A DISTANCE OF 35 . 00 FEET; THENCE NORTH 12 DEGREES 42 MINUTES 17 SECONDS EAST, ALONG SAID EASTERLY LINE A DISTANCE OF 143 FEET MORE OR LESS TO THE CENTER LINE OF TYLER CREEK; THENCE WESTERLY, NORTHERLY, NORTHWESTERLY AND SOUTHWESTERLY, ALONG SAID CENTER LINE A DISTANCE OF 587 FEET MORE OR LESS TO THE NORTHEASTERLY LINE OF MCLEAN BOULEVARD PER DOCUMENT NO. 1370261 ; THENCE NORTH 28 DEGREES 01 MINUTES 57 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF 328 FEET MORE OR LESS TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 428 . 61 FEET, TANGENT TO THE LAST DESCRIBED r COURSE, AN ARC DISTANCE OF 228 . 02 FEET; THENCE NORTH 02 DEGREES 26 MINUTES 56 SECONDS EAST, ALONG SAID EASTERLY LINE, A DISTANCE OF 34 . 86 FEET TO THE SOUTH LINE OF COUNTRY AIRE SUBDIVISION, UNIT NO. 3 , BEING A SUBDIVISION OF PART OF AFORESAID SECTION 10 ; THENCE NORTH 89 DEGREES 33 MINUTES 07 SECONDS EAST, ALONG SAID SOUTH LINE OF COUNTRY AIRE SUBDIVISION, UNIT NO. 3 AND AFORESAID COUNTRY AIRE SUBDIVISION, UNIT NO. 4 , A DISTANCE OF 897 . 31 FEET TO THE POINT OF BEGINNING IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 801 SOUTH MCLEAN BOULEVARD) AND LOT 6 IN BLOCK 4 OF COUNTRY AIR SUBDIVISION, UNIT NO. 3 , IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 1445 ROYAL BOULEVARD) . " Section 2 . That the City Council of the City of Elgin hereby adopts the Findings of Fact made by the Planning and Development Commission, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, and grants the classification of PMFR Planned Multiple Family Residential 4 District at 801 N. McLean Boulevard in accordance with the following provisions : A. Purpose and Intent. The purpose of planned residence districts is to provide a planned residential environment for various types of dwellings at various densities, subject to the provisions of Chapter 19 . 60 , Planned Developments . The purpose of the PMFR Planned Multiple Family • Residence District is to provide a planned urban residential environment for multiple family dwellings, subject to the provisions of Chapter 19 . 60 , Planned Developments . A PMFR zoning district is most similar to, but departs from the standard requirements of the MFR zoning district . B. Supplementary Regulations . Any word or phrase contained within this chapter followed by the symbol " [SR] " shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19 . 90 , Supplementary Regulations . The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions . In this PMFR Planned Multiple Family Residence District , the use and development of land and structures shall be subject to the provisions of Chapter 19 . 05, General Provisions . eak D. Zoning Districts - Generally. In this PMFR Planned Multiple Family Residence District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 07 , Zoning Districts . E. Land Use. In this PMFR Planned Multiple Family Residence District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 10, Land Use . The following enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR] or as a "conditional use" [SR] in this PMFR Planned Multiple Family Residence District : A. Permitted Uses . The following enumerated land uses shall be the only land uses allowed as a permitted use in this PMFR Planned Multiple Family Residence District : Residences Division. 1 . "Multiple family dwellings" [SR] (UNCL) . Residents must be limited to persons who are over the age of 55, with no provision for ownership for residents under the age of 45 and no residents at all under the age of 18 . 2 . "Residential garage sales" [SR] (UNCL) . 3 . "Residential occupations" {SR} (UNCL) . 4 . "Residential storage" [SR] (UNCL) . Finance, Insurance, and Real Estate Division. 5 . "Development sales office" [SR] (UNCL) . Construction Division. 6 . "Contractors office and equipment areas" [SR] (UNCL) . Transportation, Communication and Utilities Division. 7 . "Radio and television antennas" [SR] (UNCL) . 8 . "Satellite dish antennas" [SR] (UNCL) . 9 . "Treatment, transmission, and distribution facilities : poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL) . Miscellaneous Uses Division. 10 "Fences and walls" [SR] (UNCL) . 11 . "Parking lots" [SR] (UNCL) , exclusively "accessory" [SR] , subject to the provisions of Chapter 19 . 45, Off Street Parking. 12 . "Refuse collection area" [SR] . 13 . "Signs" [SR] (UNCL) , subject to the provisions of Chapter 19 . 50, Signs . 14 . "Accessory uses" [SR] (UNCL) to the permitted uses in the PMFR Planned Multiple Family Residence District, subject to the provisions of Section 19 . 10 . 400, Component Land Uses . B. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PMFR Planned Multiple Family Residence District : Residences Division. 1 . "Conditional residential occupations" [SR] (UNCL) . Transportation, Communication and Utilities Division. 2 . "Other radio and television antennas" [SR] (UNCL) . 3 . "Other satellite dish antennas" [SR] (UNCL) . 4 . "Treatment, transmission and distribution facilities : equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL) . F. Site Design. In this PMFR Planned Multiple Family Residence District, the use and development of land and structures shall be subject to the provisions of Chapter 19 . 12 , Site Design. In this PMFR district, the site design regulations shall be in substantial conformance to the following: 1 . Substantial conformance to the statement of purpose and conformance, elevation drawings, and floor plans submitted with the application, dated July 8 , 1999 . 2 . Substantial conformance to the modifications enumerated in the packet provided by the applicant to clarify the differences between the 132 unit proposal and the approved 90 unit project . This packet, prepared by Burnidge Cassell Associates, contains site plans, dated November 4, 1999, indicating building location, generalized landscaping, and elevation drawings in addition to a summary of the changes . Final landscaping must be approved by the Community Development Group . 3 . Construction easements and right of entry shall be granted by the applicant after their review and concurrence with city' s stabilization plan. 4 . Conformance to all other applicable codes and ordinances . G. Off Street Parking. In this PMFR Planned Multiple Family Residence District, off street parking shall be subject to the provisions of Chapter 19 . 45, Off Street Parking. H. Off Street Loading. In this PMFR Multiple Family Residence District, off street loading shall be subject to the provisions of Chapter 19 . 47 , Off Street Loading. I. Signs. In this PMFR Planned Multiple Family Residence District, signs shall be subject to the provisions of Chapter 19 . 50, Signs . J. Nonconforming Uses and Structures . In this PMFR elink zoning district, nonconforming uses and structures shall be subject to the provisions of Chapter 19 . 52 , Nonconforming Uses and Structures, of the Elgin Municipal Code, as may be amended. K. Planned Developments. This PMFR zoning district shall be subject to the provisions of Chapter 19 . 60 , Planned Developments, of the Elgin Municipal Code, as may be amended. L. Conditional Uses . In this PMFR zoning District, conditional uses shall be subject to the provisions of Chapter 19 . 65, Conditional Uses, of the Elgin Municipal Code, as may be amended. M. Variations . Any of the requirements of this ordinance may be varied, subject to the provisions of Section 19 . 70 , Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners authorize such an application. N. Appeals . Any requirement, determination, or interpretation associated with the administration and enforcement of the provision of this ordinance may be appealed subject to the provisions of Chapter 19 . 75, Appeals, of the Elgin Municipal Code, as may be amended. Section 3 . That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. Ed Schock, Mayor Presented: January 12 , 2000 Passed: January 12 , 2000 Vote : Yeas 5 Nays 2 Recorded: January 13 , 2000 Published: Attest : ( Mecum, City Clerk September 20, 1999 FINDINGS OF FACT /"` Planning and Development Commission City of Elgin, Illinois SUBJECT Consideration of Petition 49-99 Requesting Rezoning from RC1 Residence Conservation District and MFR Multiple Family Residential District to PMFR Planned Multiple Family Residential District; Property located on Royal Boulevard and North McLean Boulevard by Windsor Lifecare, LLC and the Windsor Development Corporation, as Applicants and by the Windsor Development Corporation and John Friedland, as Owners . GENERAL INFORMATION Requested Action: Zoning Map Amendment Current Zoning: RC1 Residence Conservation District MFR Multiple Family Residential District Proposed Zoning: PMFR Planned Multiple Family Residential District Intended Use: Senior Housing Condominiums Property Location: 801 North McLean/1445 Royal Boulevard Applicants : Windsor Lifecare,LLC/Windsor Development Owners : Windsor Development Corp/John Friedland Staff Coordinator: John Rothenberger LIST OF EXHIBITS A. Zoning Map (see attached) . B. Location Map (see attached) . C. Statement of Purpose and Conformance and (see enclosed) . Departures submitted by Applicants submitted with application dated 07/09/99 D. Site plan, Elevation drawings, and Floor (see enclosed) . Exhibit A FINDINGS OF FACT Planning and Development Commission Petition 49-99 September 20, 1999 plan prepared by Burnidge Cassell and dated July 8, 1999 E. Aerial photograph of properties with (see enclosed) . 1445 Royal Boulevard shaded BACKGROUND An application has been filed by The Windsor Development Corporation and Windsor Lifecare, LLC requesting approval of a zoning map amendment from RC1 Residence Conservation District and MFR Multiple Family Residential to PMFR Planned Multiple Family Residential District . The subject properties are located at 801 North McLean Boulevard and 1445 Royal Boulevard (reference Exhibits A, B, and C) . The applicants propose to construct a 54, 900 square foot senior housing facility with 132 market rate dwelling units on a vacant parcel of land located near the southeast corner of North McLean Boulevard and Royal Boulevard. In addition to individual kitchen and dining rooms, the senior housing facility is to feature a common kitchen and dining facility, a barber/beauty shop, limited medical services, housekeeping services, e"` exercise/wellness programs, daily activity assistance, and transportation provided on site for residents of the development (reference Exhibits D, E, and F) . An existing house at 1445 Royal Boulevard will be removed and the vacant lot will serve as the main point of ingress and egress for the facility. There is a proposed access point on McLean Boulevard which will be designated for emergency use only. STANDARDS AND FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of petition 49-99 on September 7, 1999 . The applicant testified at the public hearing and presented documentary evidence in support of the application. Objectors appeared at the hearing. Written correspondence has been submitted. The Community Development Group has submitted a Map Amendment Review dated August 16, 1999 . The Planning and Development Commission has made the following findings concerning the standards for planned developments : A. Site Characteristics. The suitability of the subject property for the intended zoning district with respect to Page 2 FINDINGS/PZTEXT/3000DV.SV/3200PD. PC/3230MP.AM/3230MAP. 99/PET49. 99 FINDINGS OF FACT Planning and Development Commission Petition 49-99 September 20, 1999 taw its size; shape; significant natural features including topography, watercourses and vegetation; and existing improvements . Findings. The subject property is suitable for the proposed PMFR District with respect to the site characteristics standard for map amendments . The subject property is comprised of two parcels containing a total of approximately 14 . 8 acres of land. There is an existing house located on Royal Boulevard. Tyler Creek traverses the property along with the associated areas of natural vegetation. Elevations range from 802 feet in the northeastern portion of the project to 775 feet at Tyler Creek and the easterly property line for a maximum grade change of 27 feet . B. Sewer and Water. The suitability of the subject property for the intended zoning district with respect to the availability of adequate municipal water, wastewater treatment and stormwater control facilities . Findings. The subject property will be suitable for the proposed PMFR District with respect to the sewer and water standard for map amendments . The site is adjacent to water supplies on both Royal and North McLean Boulevard. A sanitary sewer line runs through the site and will require minimal rerouting to conform with the building site plan. The applicants are required to provide stormwater detention on site. C. Traffic and Parking. 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. Nonresidential land uses should be located central and accessible to the area or population served without requiring traffic movements through or into a residential neighborhood. Nonresidential land uses should not be located within residential neighborhoods, but on their periphery as defined by the arterial street system. Findings. The subject property is suitable for the intended map amendment with respect to traffic and parking. The entrance for senior housing facility is to be located on Royal Boulevard. Royal Boulevard is a collector street serving the Country Aire residential subdivision. There is Page 3 FINDINGS/PZTEXT/3000DV. SV/3200PD. PC/3230MP.AM/3230MAP. 99/PET49 . 99 FINDINGS OF FACT Planning and Development Commission Petition 49-99 September 20, 1999 also a second exit proposed which will be for emergency use only and will connect to North McLean Boulevard. Full access to North McLean Boulevard is undesirable due to line of sight issues The submitted traffic studies indicate the average weekday traffic generated by assisted living residences is 1 .72 per unit . This is below the daily trip average of 6 .28 per unit for apartments and 9 . 55 per unit for single family homes . The zoning ordinance requires one parking stall for every two dwellings for senior public housing. The other applicable zoning requirement is one parking stall for each employee based on the peak demand shift . There are to be eleven employees per shift . Accordingly, the zoning ordinance would require 66 parking stalls for the 132 proposed units, and 11 parking stalls for the employees for a total of 77 required parking stalls. The applicant is providing a total of 88 parking stalls of which 42 will be in garages . There is space for an additional 11 parking stalls if the need were ever to arise . D. Zoning History. 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 map amendment with respect to zoning history standard. The subject property was zoned in the following classifications for the years indicated: 1927 Out of City 1950 Out of City 1962 R2, Out of City 1992 R2 , R4 Residential Districts Present RC1 Residence Conservation District MFR Multiple Family Residential District E. Surrounding Land use and Zoning. 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 map amendment with respect to surrounding land use Page 4 FINDINGS/PZTEXT/3000DV. SV/3200PD. PC/3230MP.AM/3230MAP. 99/PET49. 99 FINDINGS OF FACT Planning and Development Commission Petition 49-99 September 20, 1999 and zoning in that the subject property is bounded by a CF Community Facility district to the south and east, a PRC Planned Residence Conservation District to the northeast, an RC1 Residence Conservation District to the north and west, and an MFR Multiple Family Residence district to the south. The proposed PMFR Planned Multiple Family Residential District is consistent with the residential zoning and land use patterns in the surrounding area. F. Trend of Development. 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 with respect to consistency with an existing, unique pattern of development . The subject properties are situated in an established residential area featuring single family and multiple family uses . G. Planned Development Districts. The suitability of the subject property for the intended planned development district with respect to conformance to the provisions for the purpose and intent, and the location and size of a planned zoning district . The purpose and intent of planned developments is to accommodate unique development situations . Planned developments 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. According to data supplied by the applicant, census bureau projections indicate 12 . 5 percent of the current population falls into the category of elderly population (age 65 and Page 5 FINDINGS/PZTEXT/3000DV. SV/3200PD. PC/3230MP.AM/3230MAP. 99/PET49 . 99 • -FINDINGS OF FACT Planning and Development Commission Petition 49-99 September 20, 1999 older) . These figures will rise to 20 .4 percent by the year 2050 . The need for assisted living care is rising, this • facility is proposed to help fill that need. The proposed project is projected to cover 2 . 93 acres of the 14 . 8 acre sight with building and paved parking area. The remaining portion of the property will remain undeveloped with a combination of wetland, retention area, and open land. The applicant intends to retain as much of the native vegetation as possible. Findings. The subject property is in substantial conformance with the purpose and intent of the proposed planned development district, and therefore is suitable for the proposed PMFR Planned Multiple Family Residential District . H. Comprehensive Plan. 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 conformance to the ee"'' goals, objectives, and policies of the official comprehensive plan. The Comprehensive Plan of Elgin designates the subject property as "Urban Residential" and "Open Space" . This proposed senior housing facility is consistent with these designations . I . Natural Preservation. 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 preservation of all significant natural features . Approximately 6 . 1 acres of the 14 . 8 acre site will remain natural due to the location of Tyler Creek along with its surrounding flood plain and associated vegetation. K. Internal Land Use. The suitability of the subject property for the intended planned development with respect to the land uses permitted within the development being located, Page 6 FINDINGS/PZTEXT/3000DV. SV/3200PD.PC/3230MP.AM/3230MAP. 99/PET49 . 99 .FINDINGS OF FACT Planning and Development Commission Petition 49-99 September 20, 1999 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. The land use will be primarily residential with associated services such as barber/beauty shop, limited medical services, housekeeping, exercise/wellness programs, daily activity assistance, and transportation provided on site for residents of the development . 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. The applicant is requesting the following departure from the zoning ordinance : Lot Area (19 .25 .735 B. ) . The minimum required lot area in the MFR Multiple Family Residence District is 5, 000 square feet per dwelling unit . The minimum lot area allowable under the planned development ordinance is 3, 000 square e.► feet per dwelling unit . The applicant is proposing 2, 871 per dwelling unit . The applicant contends that the proposed senior housing facility is not a multiple family residential use, but a multiple family/nursing home hybrid. The Community Development Group has taken the position that the proposed use is a multiple family dwelling because any other view would be precedent setting. Such a precedent should be discussed within a public forum and recommended as a policy to be consistently applied in the future. It should be noted that the Community Development Group has taken the same position with other development companies with similar proposals . SUMMARY OF FINDINGS, UNRESOLVED ISSUES, AND ALTERNATIVES The Community Development Group has developed or identified the following findings, unresolved issues, and alternatives : A. Summary of Findings. Need for Senior Housing. According to data supplied by the applicant, census bureau projections indicate 12 . 5 percent Page 7 FINDINGS/PZTEXT/3000DV. SV/3200PD. PC/3230MP.AM/3230MAP. 99/PET49 . 99 .FINDINGS OF FACT Planning and Development Commission Petition 49-99 September 20, 1999 of the current population falls into the category of elderly population (age 65 and older) . These figures will rise to 20 .4 percent by the year 2050 . The need for assisted living care is rising, this facility is proposed to help fill that need. Traffic Generation. If the subject property were to be developed exclusively with single family dwellings as many as 400 additional vehicle trips per day (40 dwelling units x 10 vehicle trips per day) could be generated onto Royal Boulevard. The applicants are projecting only 227 vehicle trips per day (132 dwelling units x 1 . 72 vehicle trips per day) . Preservation of Natural Areas . Approximately 6 . 1 acres of the 14 . 8 acre site will remain natural due to the location of Tyler Creek along with its surrounding flood plain and associated vegetation. Density. The applicant contends that the proposed senior housing facility is not a multiple family residential use, but a multiple family/nursing home hybrid. The Community Development Group has taken the position that the proposed use is a multiple family dwelling because any other view would be precedent setting. Such a precedent should be discussed within a public forum and recommended as a policy to be consistently applied in the future . It should be noted that the Community Development Group has taken the same position with other development companies with similar proposals . B. Summary of Alternatives. There are no alternatives other than an approval, an approval with conditions, or a denial . C. Summary of Unresolved Issues. None . RECOMMENDATION The Planning and Development Commission recommends the approval of Petition 49-99 . On a motion to recommend the approval of Petition 49-99 subject to the following conditions, the vote was four (4) yes, and three (3) no. Page 8 FINDINGS/PZTEXT/3000DV.SV/3200PD. PC/3230MP.AM/3230MAP. 99/PET49. 99 .FINDINGS OF FACT Planning and Development Commission Petition 49-99 September 20, 1999 1 . Substantial conformance to the statement of purpose and conformance, also to the site plan, elevation drawings, and floor plan submitted with the application and dated July 8 , 1999 . 2 . The amount of residential land area per unit on this project is 2 , 871 square feet . The minimum amount required is 3 , 000 square feet . Therefore it is recommended that total number of dwelling units be reduced from 132 to 126 . The applicant has agreed to reduce the number of units to 126 thereby complying with our 3 , 000 square foot requirement . 3 . The emergency access road should be relocated to the east as required by the Fire Department . 4 . Revisions to the landscaping plan providing additional detail in general, and typical foundation plantings and the preservation of existing vegetation in particular. 5 . The portion of Tyler Creek located on this property has been identified by Hey and Associates as in need of immediate stream bank stabilization. This should be required as a part of this project . 6 . Conformance to all other applicable codes and ordinances. yjnp,e., (Clk4 George Wolff, Chairman Planning and Development Commission J n Rothenberger, Secretary Planning and Development Commission Page 9 FINDINGS/PZTEXT/3000DV. SV/3200PD. PC/3230MP.AM/3230MAP. 99/PET49 . 99 CITY OF ELGIN ORDINANCE NO. G2-00 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BY ADDING TO THE LIST OF STOP INTERSECTIONS (WOODBRIDGE NORTH SUBDIVISION) ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 12TH DAY OF JANUARY 2000 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 14th day of January 2000. E STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on January 12, 2000, the Corporate Authorities of such municipality passed and approved Ordinance No. G2-00 entitled "Ordinance Amending the Elgin Municipal Code, 1976, as Amended, by Adding to the List of Stop Intersections, (Woodbridge North Subdivision,) which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G2-00, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on January 14, 2000, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on January 14, 2000. Municipa Clerk (SEAL) emIL