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HomeMy WebLinkAboutG10-09 • Ordinance No. G 10-09 AN ORDINANCE AMENDING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G61-06 FOR THE ESTABLISHMENT OF AN AMUSEMENT CENTER (925-943 South McLean Boulevard) WHEREAS,written application has been made to reclassify certain property located at 925- 943 South McLean Boulevard classified as PORI Planned Office Research Industrial District; and WHEREAS, the Planning and Development Commission conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Planning and Development Commission. 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 January 20, 2009, 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 Ordinance No. 61-06 entitled ''An Ordinance Granting a Map Amendment from ORI Office Research Industrial District to PORI Planned Office Research Industrial District," passed July 12, 2006, be and is hereby repealed. Section 3. That Chapter 19.08, Section 19.08.020 entitled Zoning District map of the Elgin Municipal Code,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 PORI Planned Office Research Industrial District the following described property: Lots 1,2 and 3 in Huron's McLean Boulevard Subdivision,being a subdivision of part of the Northwest Quarter of Section 27, Township 41 North, Range 8 East, of the Third Principal Meridian, in Kane County, Illinois (property commonly known as 925-943 South McLean Boulevard). Section 4. That the City Council of the City of Elgin hereby grants the rezoning of the PORI District for the property commonly known as 925 to 943 South McLean Boulevard,and legally • described above, which shall be designed, developed, and operated subject to the following provisions: • A. Purpose and Intent. The purpose of the PORI Office Research Industrial District is to provide a planned industrial environment that fosters a sense of place and destination within a coordinated campus or park setting, subject to the provisions of Chapter 19.60, Planned Developments. A PORI zoning district is most similar to, but departs from the standard requirements of the ORI zoning district. B. Supplementary Regulations. Any word or phrase contained within this ordinance 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. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PORI 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 PORI District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts of the Elgin Municipal Code, as may be amended from time to time. E. Location and Size of Districts. Planned industrial districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute • a separate planned industrial 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 planned industrial district shall be granted by the City Council. F. Land Use. In this PORI District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 of this Title. The following enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR], as a "conditional use" [SR], or as a "similar use" [SR] in this PORI Office Research Industrial District, as amended. A. Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in this PORI Office Research Industrial District: 1. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. 2. Offices Division: "Offices" [SR] (UNCL). 3. Finance, Insurance, and Real Estate Division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 4. Services Division: Advertising (731). Amusement and Recreation Services not elsewhere classified limited to Laser Tag Arenas (7999) • Armored car service (7381). Beauty shops (723). "Bed and breakfast inns" [SR] (7011). Carpet and upholstery cleaning agents without plants on the premises (7217). Colleges, universities, professional schools, and junior colleges (822). Commercial, economic, sociological, and educational research (8732). Commercial physical and biological research (8731). Computer programming, data processing, and other computer-related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Dance studios and schools (791). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management, and related services (87). Garment pressing, and agents for laundries and dry cleaners (7212). Home furniture, furnishings, and equipment stores (57). Home health care services (808). "Hotels and motels" [SR] (701). • Job training and vocational rehabilitation services (833). Laundry collecting and distributing outlets (7211). Legal services (811). Libraries (823). Linen supply (7213). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Membership organizations (86). Miscellaneous equipment rental and leasing (735). Miscellaneous repair shops and related services (769). Motion picture distribution and allied services (782). Motion picture production and allied services (781). Motor vehicle top, body, and upholstery repair, and paint shops [SR] (753). News syndicates (7383). Noncommercial research organizations (8733). 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). • Other schools and educational services (829). Outdoor advertising services (7312). Personnel supply services (736). . Photofinishing laboratories (7384). Photographic studios, portrait (722). Physical fitness facilities (7991). Professional sports operators and promoters (7941). Radio and television repair shops (7622). Refrigerator and air-conditioning service and repair (7623). Reupholstery and furniture repair (764). Services to dwellings and other buildings (734). Security systems services (7382). Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). Testing laboratories (8734). Theatrical producers (792). Truck route laundry and dry cleaning not operated by laundries or cleaners (7212). Videotape rental (784). Welding repair (7692). Vocational schools (824). Watch, clock, and jewelry repair (763). 5. Retail Trade Division: Automatic merchandising machine operators (5962). Building materials, hardware and garden supply (52). • Catalog and mail-order houses (5961). Direct selling establishments (5963). Florists (5992). General merchandise stores (53). News dealers (5994). Optical good stores (5995). 6. Agricultural Division: Crop services (072). Dog grooming (0752). Farm labor and management services (076). Landscape counseling and planning (0781). Lawn and garden services (0782). Soil preparation services (071). Veterinary services and household pets (0742). 7. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). 8. Manufacturing Division: Apparel and other finished products made from fabrics and similar materials (23). Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). • Computer and office equipment (357). Electronic and other electrical equipment and components (36). Fabricated metal products (34). Furniture and fixtures (25). • Industrial and commercial machinery and equipment (35). Leather and leather products (31). Measuring, analyzing, and controlling instruments; photographic, medical, and optical goods; and watches and clocks (38). Miscellaneous manufacturing industries (39). Primary metal industries (33). Printing, publishing, and allied industries (27). Stone, clay, glass and concrete products (32). Tobacco products (21). Transportation equipment (37). 9. Wholesale Trade Division: Apparel piece goods and notions (513). Beer, wine and distilled alcoholic beverages (518). Drugs, drug proprietaries and druggists' sundries (512). Chemicals and allied products (516). Electrical goods (506). Farm product raw materials (515). Furniture and home furnishings (502). Groceries and related products (514). Hardware, and plumbing and heating equipment and supplies (507). Lumber and other construction materials (503). Machinery, equipment, and supplies (508). • Metals and minerals, except petroleum (505). Miscellaneous durable goods (509). Miscellaneous non-durable goods (519). Motor vehicles and motor vehicle parts and supplies (501). Paper and paper products (511). Petroleum and petroleum products (517). Professional and commercial equipment and supplies (504). 10. Transportation, Communication And Utilities Division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators offices (414). Cable and other pay television services (484). "Commercial antenna tower" [SR] (UNCL). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Courier services (4215). Freight forwarding in general (4731). Intercity and rural bus transportation operators' offices (413). Local and suburban passenger transportation operators' offices (411). • Natural gas transmission and distribution (4922) (4924). Packing and crating (4783). Public warehousing and storage (422). . "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains and valves" [SR] (UNCL). 11. Miscellaneous Uses Division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the ORI Office Research Industrial District to the provisions of Section 19.10.400 of this Title. "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19.47 of this Title. "Parking lots" [SR] (UNCL),exclusively"accessory" [SR]to a permitted use • allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial District,subject to the provisions of Chapter 19.45 of this Title. "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this Title. "Storage tanks" [SR] (UNCL). "Temporary uses" [SR] (UNCL). B. Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in this PORI Office Research Industrial District: 1. Municipal Services Division: "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land. 2. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. 3. Services Division: Carpet or rug cleaning, dying, or repairing plants (7217). Child daycare services (835). Dry-cleaning plants (7216). Individual and family social services (832). Industrial launderers (7218). Power laundries (7211). • 4. Retail Trade Division: Carryout restaurants (5812). Drinking places (alcoholic beverages) (5813). Eating places (5812). "Outdoor eating and drinking facilities" [SR] (UNCL). 5. Mining Division: "Temporary mining" [SR] (UNCL). 6. Manufacturing Division: Chemicals and allied products (28). Food and kindred products (20). Lumber and wood products (24). Paper and allied products (26). Petroleum refining and related industries (29). Rubber and miscellaneous plastics products (30). Textile mill products (22). 7. Transportation, Communication And Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Heliports (458). Natural gas storage. "Other radio and television antennas" [SR] (UNCL). • "Other satellite dish antennas" [SR] (UNCL). Pipelines, except natural gas (461). Railroad tracks (401). "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). 8. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.10.400 of this Title. "Commercial operations yard" [SR] (UNCL). "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR], subject to the provisions of Chapter 19.45 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 of this Title. C. Similar Uses: The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in this PORI Office Research Industrial District or in a less restrictive zoning district, pursuant to subsection 19.10.400H of this Title: 1. Services Division: Business services not elsewhere classified (7389). Laundry and garment services not elsewhere classified (7219). Miscellaneous health and allied services not elsewhere classified (809). Miscellaneous personal services not elsewhere classified (7299). Services not elsewhere classified (899). Social services not elsewhere classified (839). 2. Manufacturing Division: Miscellaneous Manufacturing industries (39). 3. Transportation, Communication and Utilities Division: Transportation services not elsewhere classified (4789). (Ord. G44-96 § 10, 1996; Ord. G81-95 § 1, 1995; Ord. G9-95 § 1, 1995; Ord. G23-94 §§ 2-5, 1994; Ord. G45-92 § 2, 1992) G. Site Design. In this PORI District,the site design regulations shall be as required in the ORI Office Research Industrial District,pursuant to Chapter 19.40.135 Site Design,of the ELGIN MUNICIPAL CODE, as may be amended from time to time. The development of land and structures shall also be in substantial conformance with the following: • 1. Substantial conformance to the Statement of Purpose submitted by Huron Investment and Development Company LLC submitted on September 23, 2005. 2. Substantial conformance to the Preliminary Plat of Subdivision for the McLean Boulevard Commercial Development Prepared by Larson Engineering of Illinois dated April 6, 2006, Existing Conditions Plan (C-1) and Preliminary Site Development Plan (C-2)prepared by Larson Engineering of Illinois, dated June 22, 2005 and revised April 6, 2006. 3. Substantial conformance to the Conceptual Landscape Plan, Sections, Details and Notes,(L-1 &L-2)prepared by Ives/Ryan Group,Inc. dated December 19,2005 and revised on April 19, 2006. 4. Substantial conformance to the building elevations for the Flex Industrial Buildings titled Concept Elevation, Scheme 3a, prepared by Ware Malcomb Architects dated January 18, 2006, and revised May 24, 2006, elevations for the public self storage facility titled Building 1 Elevations(A-2),prepared by Benedetto Reitan Architects, LLC dated October 28,2005 and revised January 17,2006,elevations for the Moose Lodge Facility prepared by Ware Malcomb Architects dated September 22,2005,and revised May 24, 2006. 5. Color of the exterior materials of the flex industrial buildings and the self storage • buildings to be approved by the Community Development Department. 6. Compliance with all other applicable codes and ordinances. • Additional Conditions: 1. Substantial conformance to the Petitioner's Statement of Purpose and Conformance, submitted with the development application and letter prepared by Mitch LaFave, P.E. of Huron Investment and Development Company, L.L.C., dated November 20, 2008. H. Off-Street Parking. In this PORI District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the ELGIN MUNICIPAL CODE, as amended. I. Off-Street Loading. In this PORI District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the EMC, as amended. J. Signs. In this PORI District, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. The development administrator may require, and may approve signs not otherwise provided by this title in support of the development. K. Amendments. In this PORI District, application for text and map amendments shall be subject to the provisions of Chapter 19.55,Amendments.A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PORI zoning district authorize such an application. L. Planned Developments. . In this PORT zoning district,the use and development of the land and structures shall be subject to the provisions of Chapter 19.60,Planned Developments of the Elgin Municipal Code, 1976,as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PORT zoning district and without necessitating that all other property owners in this PORT zoning district authorize such an application. M. Conditional Uses. In this PORT zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976,as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners in this PORT zoning district authorize such an application. N. Variations. In this PORT District,the use and development of the land and structures shall be subject to the provisions of Chapter 19.70,Variations of the Elgin Municipal Code, 1976, as amended. A variation may be requested by a lot or property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that • all other property owners in this PORI zoning district authorize such an application. O. Subdivisions—Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city,as amended,and the Plat Act of the State of Illinois. P. 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 of the Elgin Municipal Code, 1976,as amended. Q. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to the contrary in this ordinance, the use and the development of the subject property in this PORI zoning district shall also be subject to the regulations of the ARC Arterial Road Corridor Overlay District. In the event of any conflict between the regulations in the ARC Arterial Road Corridor Overlay District and other provisions of this ordinance,the regulations of the ARC Arterial Road Corridor Overlay District shall control. Section 5. That the City Council of the City of Elgin hereby grants a Conditional Use for the establishment of an amusement center within the PORI Planned Office Research Industrial District, subject to the provisions of this ordinance. Section 6. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. Schock, Wayor Presented: March 4, 2009 Passed: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: March 5, 2009 Published: Attest: Diane Robertson, City Jerk January 20,2009 • FINDINGS OF FACT Planning and Development Commission City of Elgin,Illinois SUBJECT Consideration of Petition 01-09 Requesting an Amendment to PORI Planned Office Research Industrial District Ordi iance Number G61-06,and Granting Conditional Use Approval to Permit the Establishment of an Amusement Center, Property Located at 941 South McLean Boulevard; by Huron Investment and Development Co.,LLC,as Applicant, and 941-943 McLean Blvd.,LLC,as Owner. BACKGROUND Requested Action: Amendment to PORI Planned Office Research Industrial District No. G61-06 and Conditional Use Approval Current Zoning: PORI Planned Office Research Industrial District Proposed Zoning PORI Planned Office Research Industrial District Existing Use: Commercial and Industrial Uses Proposed Use: Amusement Center Property Location: 941 South McLean Boulevard Applicant: Huron Investment and Development Co., LLC Owners: 941-943 McLean Blvd., LLC Staff Coordinator: Sarosh Saher, Senior Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) • D. Aerial Ma d P EXHIBIT (see attached) A Findings of Fact Planning and Development Commission Petition 01-09 January 20,2009 E. Environmental :vlap (see attached) F. Site Photos (see attached) G. Statement of Purpose (see attached) H. Draft PORI OrC inance (see attached) BACKGROUND An application has be en filed by Huron Investment and Development Co., LLC, seelang an amendment to PORI Planned Office Research Industrial District Ordinance Number G61-06, and conditional use approv;d to provide for the establishment of an amusement center. The property is located at 941 South McLean Boulevard (reference Exhibits A, B, C, D,E, and F). The applicant is propos ng the establishment of an amusement center that will include an indoor laser tag arena,an arcade are.s,party rooms,a vest charging area,briefing room and a management office. Amusement centers ar;not provided for in the PORI district. The applicant is thus requesting an amendment to the pla:med development ordinance and conditional use approval to allow the business to operate fro)n the subject property. The amended planned development ordinance will repeal ordinance No. C61-06 (reference Exhibits G, and H). GENERAL FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideratio:i of Petition 01-09 on January 20,2009. The applicant testified at the public hearing. No objectors t a the petition were present.The Community Development Group submitted a Map Amendment Revi ew, dated January 14, 2009. The Planning and Devi:lopment Commission has made the following general findings: 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 3ubj ect property is suitable for the intended zoning district with respect to the site characterise ics standard. The subject pr(perty is a regularly shaped parcel containing approximately 14.45 acres of land area. The property is currently improved with one industrial building containing five • tenant spaces. .k second industrial building is proposed as part of the planned development. A public self storage facility comprising of seven buildings is located to the east of the industrial buildings, and a building containing the offices and meeting rooms of the Loyal —' Order of Moos Elgin Lodge 799 is located to the rear of the property. - 2 - Findings of Fact Planning and Development Commission Petition 01-09 January 20,2009 B. Sewer and Wg ter Standard. The suitability of the subject property for the intended zoning district with re;pest to the availability of adequate municipal water,wastewater treatment, and storm watt r control facilities. Findings. The subject property is suitable for the intended zoning district with respect to the sewer and watt:r standard. The subject prc perry is served with municipal water and sanitary sewer systems. Stormwater management is provided in conformance with the standards and regulations of the City of Elgin and Kans: County Stormwater Management Ordinances. C. Traffic and P;irking Standard. The suitability of the subject property for the intended zoning district,vith 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 park ing standard. The subject property is located along South McLean Boulevard,an arterial street serving the west portion of the city. �. Vehicular acct;;s to the property is provided at two locations along South McLean Boulevard. A road stub along the north property lineprovides a connection for any future development that is proposes l north of the subject property. Off street parki ag is provided in conformance with the Off Street Parking Ordinance. D. Zoning History Standard. The suitability of the subject property for the intended zoning district with res pest to the length of time the property has remained undeveloped or unused in its current zoni:ig district. Findings. The -,object property is suitable for the intended zoning district with respect to the length of time tl ie property has remained undeveloped or unused in its current zoning district. 0 The subject property was zoned as follows for the years listed: 1927: Out of City Limits 1950: 1 hit of City Limits 1960: 1)ut of City Limits 1961: Out of City Limits 1962: Out of City Limits 1992: 1 t4 General Residence District Present: l'ORI Planned Office Research Industrial District - 3 - Findings of Fact Planning and Development Commission Petition 01-09 January 20,2009 • The property w,is annexed to the City of Elgin in 1972 as part of the Bueche Property annexation. Th,- property was zoned ORI Office Research Industrial District until 2006 when it was rezoned to PORI Planned Office research Industrial District and subdivided as part of Huron's McLean Boulevard Subdivision. E. Surrounding L and Use and Zoning Standard. The suitability of the subject property for the intended zor ing district with respect to consistency and compatibility with surrounding land use and zoi ling. 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 locates to the north of the subject property is zoned ORI Office Research Industrial District, and is improved with mobile homes. The area to the east is zoned CF Community Facility District,and is improved with the City of Elgin's lime residue storage facility. The area to the soutl~ is zoned GI General Industrial District and is improved with industrial uses. The areas to thy;west are zoned PNB,NB and RC1 and are improved with commercial and residential uses. F. Trend of Development Standard. The suitability of the subject property for the intended zoning district ;vith respect to consistency with an existing pattern of development or an identifiable trer d of development in the area. Findings. The iubject.property is suitable for the intended zoning district with respect to consistency wit z an existing pattern of development or an identifiable trend within the area. The subj ect pro.3erty is located in an area developed primarily with industrial and commercial uses. G. Planned Development 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:ocation and size of a zoning district. The purpose of the PORI Office Research Industrial District is to provide a planned industrial environment th:it fosters a sense of place and destination within a coordinated campus or park setting, subject to the provisions of Chapter 19.60, Planned Developments. A PORI zoning district is most:imilar to,but departs from the standard requirements of the ORI zoning district. In general, this purpose and intent of the provision for planned developments is to accommodate unique development situations. For planned development districts, the planned develc pment should demonstrate the following characteristics: 1. An opportunity to realize a development of demonstrated need with respect to the types o environment available to the public that would not be possible under the strict al iplication of the other chapters of this title. -4 - • Findings of Fact Planning and Development Commission Petition 01-09 January 20, 2009 2. A crew ive approach to the use of land and related improvements resulting in better •' design and construction of aesthetic amenities. 3. The pru.servation of significant natural features including topography,watercourses, wetlani Is, and vegetation. Planned indus xial districts should be located in substantial conformance to the official comprehensive: plan. The amount necessary to constitute a separate planned industrial district exclusive of right of way, but including adjoining land or land directly opposite a right of way sl all be less than two acres. No departure from the required minimum size of planned development district shall be granted from 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,and the location and size of a PORI Planned Office Research Industrial District. The proposed i nap amendment is in substantial conformance with the purpose and intent of the planned du felopment provisions of the ordinance. The proposed amusement center will be contained within 8,800 square feet of tenant space within the industrial building. The hours of operas ion proposed are primarily during the evening hours and weekends so as not to conflict witt the peak business hours during the day. No exterior changes to the building or the property are proposed at this time. • H. Comprehensi,re 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 Comprehensiv;Plan Standard. The subject pre perry is designated"Office/Research/Industrial"in the City's Comprehensive Plan and Desi�n Guidelines dated 2005 This designation allows for a variety of light assembly, wary;house, distribution, research and development, technology, corporate and support office, and limited employee-serving retail uses. These activities typically locate in business parks. Appropriate locations offer direct access to the arterial street system,and are in close proxin City to the freeway system and interchanges. 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 topol Taphy, watercourses, wetlands, and vegetation. Findings. Thy; subject property is suitable for the intended planned development with respect to the 1,latural Preservation Standard. • There are no significant natural features present at the subject property worthy of preservation. - 5 - i Findings of Fact Planning and Development Commission Petition 01-09 January 20,2009 J. Internal Land Use Standard. The suitability of the subject property for the intended planned develol ment 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 sure Funding property. Findings. The subject property is suitable for the intended planned development with respect to the invernal land use standard. No evidence ha; 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. The planned district ordinance is intended to prevent undue detrimental infli ience on the proposed internal land uses within the subject property and on surrounding pre perties. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards,regulations, requirements, and proc Auires of the zoning ordinance. For the purposes of this section, the most similar zoning district i;;the ORI Office Research Industrial District. The applicant is requesting the following departure from the standard requirements of the ORI Office Research Industrial District: Section 19.40.130 Land Use. The applicant is proposing to include within the list of conditional uses an amusement cen ter. This use is not listed as a permitted use in the ORI Office,Research and Industrial District. SUMMARY OF FINDINGS, UNRESOLVED ISSUES AND ALTERNATIVES The Planning and Dev-1lopment Commission has developed or identified the following findings, unresolved issues and:iltematives: A. Summary of Findings Positive Attribiaes: No evidence has been submitted or found that the proposed planned development ,%ill be located, designed, or operated in a manner that will exercise undue detrimental inf uence on itself or surrounding property. The planned district ordinance is intended to prey gent undue detrimental influence on the proposed internal land uses within the subject propert�and on surrounding properties. . B. Summary of L*nresolved Issues. There are no uj iresolved issues. - 6 - -- i Findings of Fact Planning and Development Commission Petition 01-09 January 20, 2009 C. Summary of Mternatives. Other than an z pproval,a denial,or an approval with some combination of conditions,there are no substani ive alternatives. RECOMMENDATION The Planning and Development Commission recommends the approval of Petition 01-09. On a motion to recommend approval, subject to the following conditions,the vote was five(5)yes, and zero(0)no. 1. Substantial co iformance to the Petitioner's Statement of Purpose and Conformance, submitted with the development application and letter prepared by Mitch LaFave, P.E. of Huron Investrr ent and Development Company, L.L.C., dated November 20, 2008, with earlier attachm ruts dated October 6,2008 and August 22, 2008. 2. Compliance with all other applicable codes and ordinances. Therefore,the motion :o recommend approval of Petition 01-09 was adopted. Respectfully Submitte,1, s/ John Hurlbut John Hurlbut, ChairmE n Planning and Develops nent Commission s/ Sarosh Saher Sarosh Saher, Secretar t Planning and Development Commission o v - 7 -