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HomeMy WebLinkAboutG35-16 Ordinance No. G35-16 AN ORDINANCE GRANTING A PLANNED DEVELOPMENT AS A CONDITIONAL USE IN THE CC2 CENTER CITY DISTRICT INCLUDING CERTAIN DEPARTURES FROM THE ELGIN ZONING ORDINANCE RELATED TO SITE DESIGN AND STREET GRAPHICS REQUIREMENTS TO PERMIT THE CONSTRUCTION OF A 4-STORY SENIOR HOUSING FACILITY (300 North State Street) WHEREAS, written application has been made requesting a planned development for a conditional use to permit certain departures from the Elgin Zoning Ordinance related to Site Design and Street Graphics Requirements in the CC2 Center City District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on June 6, 2016, following due notice by publication; and WHEREAS, the Community Development and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development and the Planning & Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning & Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a planned development as a conditional use in the CC2 Center City District pertain to the government and affairs of the city. 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 June 6, 2016, made by the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a planned development for a conditional use to permit departures in the CC2 Center City District at 300 North State Street, and legally described as follows: PARCEL 1: THAT PART OF LOT 1 IN BLOCK 48 OF WILLIAM C. KIMBALL'S SECOND ADDITION TO ELGIN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNET OF SAID LOT, THENCE WEST ALONG THE NORTHERLY LINE OF SAID LOT TO THE NORTHWEST CORNER THEREOF, THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 6 RODS, THENCE EASTERLY PARALLEL WITH NORTHERLY LINE OF SAID LOT TO THE EAST LINE THEREOF, THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT TO THE POINT OF BEGINNING, EXCEPT THAT PORTION WHICH WAS CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION, BY WARRANT DEED DATED MARCH 12, 1975 RECORDED AS DOCUMENT 1329210 ON JUNE 5, 1975 IN BOOK 3051 PAGES 417-418 BY THE KANE COUNTY RECORDER OF DEEDS, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL 2: LOTS 2, 3 AND 4 IN BLOCK 48 OF WILLIAM C. KIMBALL'S SECOND ADDITION TO ELGIN IN THE NORTHEAST 1/4 OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO THAT PART OF LOT 1 IN BLOCK 48 OF SAID WILLIAM C. KIMBALL'S SECOND ADDITION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF SAID LOT WITH THE EASTERLY LINE OF RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINES, 99 FEET FOR THE POINT OF BEGINNING OF SAID LINE; THENCE EASTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 1, 185 FEET TO THE EASTERLY LINE OF SAID LOT 1 FOR THE TERMINUS OF SAID LINE, (EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY ALL THAT PART LYING NORTHEASTERLY OF A LINE THAT IS 41.0 FEET SOUTHWESTERLY OF, AS MEASURED AT RIGHT ANGLES THEREFROM, THE CENTER LINE OF F.A. ROUTE 23 (ILLINOIS ROUTE 31), COMMONLY KNOWN AS STATE STREET); ALSO (EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THAT PART OF LOT 2 AFORESAID DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTHWESTERLY ALONG THE SOUTH LINE OF SAID LOT 2, 10.33 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 41.0 FEET SOUTHWESTERLY AS MEASURED AT RIGHT ANGLES THEREFROM, THE CENTER LINE OF F.A. ROUTE 23 (ILLINOIS ROUTE 31), COMMONLY KNOWN AS NORTH STATE STREET OF THE PLACE OF BEGINNING; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE TO A POINT 6.0 FEET NORTHWESTERLY OF THE SOUTH LINE OF LOT 2 AS MEASURED ALONG SAID PARALLEL LINE; THENCE SOUTHWESTERLY 8.48 FEET TO A POINT ON THE SAID SOUTH LINE OF LOT 2, 16.33 FEET SOUTHWESTERLY OF THE SOUTHEAST CORNER OF SAID LOT 2 AS MEASURED ALONG THE SAID - 2 - SOUTH LINE; THENCE NORTHEASTERLY ALONG SAID SOUTH LINE, THENCE NORTHEASTERLY ALONG SAID SOUTH LINE 6.0 FEET TO THE POINT OF BEGINNING), IN KANE COUNTY, ILLINOIS. be and is hereby granted subject to the following conditions: 1. The setback from a street lot line shall be no less than 10.09 feet. Accordingly a street yard shall be provided to allow for the provision of an ADA compliant sidewalk along State Street and to accommodate an existing 10-foot watermain easement along Lawrence Avenue. 2. The maximum building coverage shall be no less than 26,358 square feet or 35% of the total zoning lot area of 75,192 square feet. 3. The development shall be allowed the construction of dwelling units with a gross minimum floor area of 680 square feet for a 1-bedroom unit and a gross minimum floor area of 946 square feet for a 2-bedroom dwelling unit, whereas in the CC2 zoning district, the minimum required gross floor area of a 1-bedroom dwelling unit is 850 square feet and 1,100 square feet for a 2-bedroom dwelling unit. 4. The dumpster, trash, and recycling container common area(s) must be screened from view with a 6-foot high wall constructed of masonry matching that found on the main building. The opening to the common area(s) enclosure shall include a door(s) that provides complete screening of the dumpster, trash, or recycling containers at all times except during times when such containers are actively being serviced. 5. Each occupied unit within the multi-family building shall at all times have as a permanent occupant as least one (1) person who is fifty five (55) years of age or older. For the purposes of this ordinance, an occupant shall not be considered a "permanent occupant" within the unit unless such occupant considers the unit to be his or her legal residence and actually resides in the unit for at least six (6) months during every calendar year or such shorter period as the unit is actually occupied by any person. No unit shall be occupied by any person under the age of twenty two (22). For the purposes of this ordinance, a unit shall be deemed to be "occupied" by any person who stays overnight in the unit more than ninety (90) days in any twelve(12)month period. 6. Each occupied unit shall at all times have as a permanent occupant at least one (1) person who is fifty five (55) years of age or older (the "Qualifying Occupant"), except that in the event of the death of a person who was the sole Qualifying Occupant of a unit, persons age twenty two (22) or older who were occupying the unit with such Qualifying Occupant at the time of the death or relocation to a long-term health care facility for medical reasons of the Qualifying Occupant may continue to occupy the unit provided that the provisions of the United States and State of Illinois Fair Housing Acts and the terms and conditions of this Agreement are not otherwise violated by such occupancy. Notwithstanding the foregoing, at all times, at least eighty percent (80%) of the rental units within the entire development shall at all times have as a permanent occupant at least one person who is fifty five (55) years of age or older. - 3 - 7. Buckeye Community Hope Foundation, or any future owner, operator, and/or assigns of the senior housing facility established by this planned development as a conditional use shall contract with and shall call and otherwise utilize a qualified private ambulance service to provide for all non-emergency medical transportation to and from the facility. For the purposes of this section, terms shall be defined as provided in the Emergency Medical Services (EMS) Systems Act at 210 ILCS 50/1, et seq. "Emergency" means a medical condition of recent onset and severity that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that urgent or unscheduled medical care is required. (210 ILCS 50/3.5, as amended). "Non-Emergency Medical Services" means medical care or monitoring rendered to patients whose conditions do not meet the definition of an emergency, before or during transportation of such patients to or from health care facilities visited for the purposes of obtaining medical or health care services which are not emergency in nature, using a vehicle regulated by the Emergency Medical Services Systems Act. (210 ILCS 50/3.5, as amended). 8. The development shall be allowed the installation of two free-standing monument graphics, one at each vehicular entrance to the property. Each monument graphic shall be no greater than 40 square feet in surface area, and shall be completely supported on a base constructed of masonry that is permanently anchored to the ground and which shall be wider than the width of the graphic. Each monument graphic shall be provided with a landscaped area located around the base of the monument graphic equal to 2.5 square feet for each square foot of ground graphic area. All other graphics shall conform to the requirements of Chapter 19.50 Street Graphics. 9. Substantial conformance with the Development Application, Statement of Purpose and supporting documentation submitted by Buckeye Community Hope Foundation including the following: a. Development Application submitted by David Petroni of Buckeye Community Hope Foundation dated received on April 22, 2016 b. Owners consent and disclosure prepared and submitted by Thomas M. Hartwell dated April 21, 2016 and Real Estate Purchase and Sale Contract executed on March 4, 2016. c. Statement of Purpose and Conformance prepared by C. M. Lavoie & Associates dated April 20, 2016. 10. Substantial Conformance with the architectural and zoning Exhibits prepared by Hooker DeJong, Inc. Architects, Engineers and Planners, dated March 31, 2016 including the following exhibits, and contingent upon revisions per the Community Development Department, Engineering, Water and Fire Departments: a. Area Tabulations, Sheet PR1.4 b. Floor Plans, Sheets PR1.5 through PR1.8 c. Unit Plans, Sheets PR1.12 through PR1.14 d. Exterior Building and Perspective Elevations, Sheets A4.1 through 4.3; last revised on April 20, 2016 -4 - 11. Substantial conformance with the Preliminary Engineering Plans entitled "Fox River Crossing" Sheets C1.0-C9.0, dated March 18, 2016 and Preliminary Landscape Plans, Sheet C10.0, dated April 20, 2016 prepared by C.M. Lavoie & Associates, contingent upon revisions per the Community Development Department, Engineering, Water and Fire Departments. 12. In the event of any conflict between the foregoing documents in subsections 9, 10 and 11, and the provisions of this ordinance or other applicable city ordinances, the provisions of this ordinance or other applicable city ordinances shall supersede and control. 13. Compliance with all applicable codes and ordinances. Section 3. Notwithstanding the expiration provisions found within Section 19.60.210 of the Elgin Municipal Code, 1976, as amended, the planned development for a conditional use granted herein shall expire if not established within five (5) years from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. / avid J. Kapt.g4 , Ma-or Presented: August 10, 2016 Passed: August 10, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: August 10, 2016 �4e� Published: August 12, 2016 Att-st- z 1\ O 1 i`,�! ..`` LLi A / ill�'� UI����J=•` Kimberly Dewis, • Cler a ;.� - 5 - June 6, 2016 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written findings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petition 16-16, an application by Buckeye Community Hope Foundation for approval of a planned development as a conditional use in the CC2 Center City District to permit the construction of a new residential senior housing facility at the property commonly referred to as 300 North State Street. GENERAL INFORMATION Petition Number: 16-16 Requested Action: Approval of a Planned Development as a Conditional Use Current Zoning: CC2 Center City District ARC Arterial Road Corridor Overlay District Existing Use: Vacant Land Property Location: 300 North State Street Applicant: Buckeye Community Hope Foundation Owner: Thomas M. Hartwell Staff Coordinator: Sarosh Saher, AICP, Senior Planner Marc Mylott, AICP, Community Development Director LIST OF EXHIBITS ATTACHED A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E. Development Application and Attachments F. Draft Ordinance G. Related Correspondence Exhibit A Recommendation & Findings of Fact Petition 16-16 June 6, 2016 BACKGROUND Buckeye Community Hope Foundation proposes to develop the property with a new residential senior living facility.The project will consist of a 94,583 square-foot,4-story residential apartment building with indoor parking on the first floor and 60 residential units on the second through fourth floors. Unit types range from an average of 621 square feet for a 1-bedroom unit to an average of 887 square feet for a 2-bedroom unit. Parking is proposed to be provided by means of 60 indoor and 12 outdoor parking spaces, those outdoor spaces being located at the rear of the property. The building would be located at the southeast corner of the site to provide the desired urban form and capitalize on the views of the Fox River and surrounding cityscape. The remaining portion of the site will be surface parking and open space, including a gazebo and landscape materials consisting of evergreen trees and shrubs. The landscaping not only provides relief from the built areas, but also serve as screening from the adjacent commercial and industrial properties and the adjacent railroad tracks to the west. The property is well located for the intended use as residents can take advantage of the short walk to the Gail Borden Public Library, the Centre of Elgin, and the Hemmens Cultural Center. The building includes a street-level, pedestrian entrance along State Street, and this entrance provides access to a bank of elevators, which persons then take to the second floor. The second floor is the primary common area for the building, and it also includes 17 residential dwelling units. This common space includes a community room, lounges, laundry facilities, and office space. The third and fourth floors each contain 21 residential units and other amenities, such as a fitness room and laundry facilities. The third floor also includes a library. The building facades will be designed with alternating bays of colored cement board siding flanked by masonry bays at the center and corners of each elevation. The elevation of the lower level of the building that houses the indoor parking area will be designed with corner storefront features containing spandrel glass topped with awnings to give the impression of a commercial building, while window openings will be located midway along the elevation to provide relief from an otherwise blank wall (behind this wall is the underground parking). Each alternating bay will be staggered and topped with a cornice that differs in design from that on the adjacent bay to create interest in the elevation. Landscape material along the street frontage of the building will be provided within masonry planters in keeping with the urban character of the streetscape, while the sides and rear portions of the property will be landscaped with trees, shrubs, perennials, and features such as a gazebo and walking paths within the open space on the property. A request for departures from the minimum building coverage, setbacks, and minimum floor area requirements of the apartment dwelling units necessitates the need for a planned development as a conditional use, and such an application requires approval through a public hearing process. Approval of the project can only be granted by the Elgin City Council following a recommendation by the Planning& Zoning Commission. 2 Recommendation & Findings of Fact Petition 16-16 June 6, 2016 FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 16-16 on June 6, 2016. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Planned Development as a Conditional Use Review and Written Findings & Recommendation to the Planning&Zoning Commission dated June 6, 2016. The Community Development Department and the Planning & Zoning Commission have made the following general findings against the standards for a conditional use for a planned development as outlined within Section 19.60.040 of the Elgin Zoning Ordinance: A. Site Characteristics. The suitability of the subject property for the intended planned development as a conditional use with respect to its size, shape, and any existing improvements. Findings. The subject property is suitable for the intended planned development as a conditional use with respect to its size, shape, and existing improvements. It comprises of seven parcels containing 75,192 square feet (1.72 acres) of land area and is generally rectangular in shape. The previous site improvements that comprised of buildings along the westerly portion of the property and parking lots along the remaining portion of the property have been demolished, except for three accessory storage structures located at the northwest corner of the property. The only remaining features include gravel and concrete pads that have overgrown with vegetation. There is no landscape material of any significance on the property. The topography of the property varies with a high elevation of 758 feet along the westerly boundary of the property and steps down to a low elevation of 734 at the southeast portion of the property for a maximum relief of 24 feet. B. Sewer and Water. The suitability of the subject property for the intended planned development as a conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. Findings. The subject property is suitable for the intended planned development as a conditional use with respect to the availability of adequate water, sanitrary treatment, and storm water control facilities. The subject property is served by municipal water, sanitary sewer and stormwater drainage systems that extend along State Street and Lawrence Avenue. These services are designed to tie into the property. Stormwater management will be provided by means of underground detention facilities located at the northwest corner of the property. C. Traffic and Parking. The suitability of the subject property for the intended planned development as a conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. 3 Recommendation & Findings of Fact Petition 16-16 June 6, 2016 Findings. The subject property is suitable for the intended planned development as a conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. The subject property is located at the northwest corner of State Street (IL RT 31) and Lawrence Avenue. State Street is a regional arterial street serving Elgin and the communities located to the north and south of Elgin. Lawrence Avenue is a collector street serving the residential neighborhoods in the near west side of Elgin. The property is also bounded along its westerly lot line by the railroad tracks of the Union Pacific Railroad which traverses Lawrence Avenue at a grade-level crossing. The number of locations for vehicular access to or from the public right of way is limited to those which are necessary for the reasonable use of the property and are consistent with current traffic engineering standards.Vehicular access to the property is currently provided at two locations—one at the northerly portion of its frontage with State Street(IL RT 31) and the other at approximately the mid-point of its frontage with Lawrence Avenue. The development plan continues to propose access from both State Street and Lawrence Avenue, but with a right-in right-out access from State Street and full access from Lawrence Avenue. The State Street access is located as far away from the intersection as possible and, by being designed as right-in right-out, will minimize disruption to the flow of traffic on State Street. The Lawrence Avenue access is located toward the top of the Lawrence Avenue hill to provide maximum visibility and also be located as far away from the intersection as possible.The combination of the two site accesses will serve to distribute the minimal amount of vehicular traffic coming to and from the proposed facility evenly upon,and without negative impact to,the existing street system. It is worth noting that uses that would generate far greater number of trips are permitted within the CC2 Center City district. The number of parking spaces within the development will exceed the requirements of the zoning ordinance which requires 1 parking space for every 2 dwelling units for elderly public housing. The developer proposes to construct 72 off-street parking spaces on the property. Of these, 60 spaces will be located indoors within the first floor of the building and 12 will be located outdoors on the west side of the proposed building. It should additionally be noted that a municipal surface parking lot at the southwest corner of Kimball and Grove Avenues is located approximately 760 feet from the subject property, thereby technically removing the requirement for off-street parking within the development. D. Zoning History. The suitability of the subject property for the intended planned development as a conditional use 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 planned development as a conditional use with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was originally platted as part of W. C. Kimball's Plat of the West Side of the Village of Elgin recorded on February 15, 4 Recommendation & Findings of Fact Petition 16-16 June 6, 2016 1843. The property was first classified within a G Industrial District in 1927. In 1962,the property was rezoned to B4 General Service District and in 1992, to CI Commercial Industrial District as part of a comprehensive amendment to the zoning ordinance. In 2001 it was rezoned to CC2 Center City District and included within the Center City Preservation Overlay Zoning District to provide for the implementation of the 2000 Riverfront/Center City Master Plan. City records indicate a 2-story building containing a grocery store on the first floor with residential apartment on the second floor and adjoining parking lot to the north was constructed on southwest corner of the property in 1939. The parking lot was expanded in or around 1980 to cover the easterly portion of the lot with frontage along State Street. In 1991 the building was occupied by a tavern (drinking place) known as the "Hilltop Pub." In 1993, the buildings on the property were demolished after they were significantly damaged in a fire. The property has been vacant and unimproved since that time. The current property owner acquired the vacant parcels in 2001 and has retained ownership since that time. E. Surrounding Land Use and Zoning. The suitability of the subject property for the intended planned development as a conditional use with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended planned development as a conditional use with respect to consistency and compatibility with the surrounding land use and zoning. The areas immediately surrounding the property are zoned within the CC2 Center City District.The areas further to the east are zoned CF Community Facility District and consist of open space maintained by the City of Elgin. The areas to the north are developed with commercial and light industrial uses,while those to the south are developed with commercial uses located in-between a number of vacant properties. The areas further to the west of the subject property are zoned RC3 Residence Conservation District and developed primarily with single-family residences constructed prior to 1939 and located within the older established neighborhoods on the near west side of Elgin. F. Trend of Development. The suitability of the subject property for the intended planned development as a conditional use with respect to its 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 planned development as a conditional use with respect to its consistency with the existing pattern of development or an identifiable trend of development in the area. The subject property is located along a major arterial street (State Street) on the westerly edge of downtown Elgin in an underutilized area that is currently comprised of a number of older commercial and industrial uses within smaller building located in-between vacant properties. Very little redevelopment has taken place in this area in recent years. However, in 2013, city council adopted the Elgin Chicago Street Station Area Planning Study, which established a vision 5 Recommendation & Findings of Fact Petition 16-16 June 6, 2016 for the use and urban form of the property across Lawrence Avenue from the subject property. The proposed use and urban form of this planned development as a conditional use is wholly consistent with Elgin Chicago Street Station Area Planning Study. G. Conditional Use for a Planned Development. The suitability of the subject property for the intended planned development as a conditional use with respect to conformance to the provisions for the purpose and intent of planned developments. Findings. The subject property is suitable for the intended planned development as a conditional use with respect to conformance to the provisions for the purpose and intent of planned developments. The purpose and intent of the provisions for planned developments is to accommodate unique development situations, and the subject property represents just that situation. The subject property is narrowly shaped, encumbered by steep topography, and bound by State Route 31 on the east and railroad tracks on the west. No conditional use for a planned development should be granted for the sole purpose of introducing a land use not otherwise permitted on the subject property, and that is not the case with this application as the proposed use is permitted within the CC2 Center City zoning district. For planned developments as a conditional use, 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. The public benefit realized by the establishment of the planned development is greater than if the property were to remain subject to the standard requirements of the zoning district in which it is located. 3. Extraordinary conditions or limitations governing site design, function, operation, and traffic are imposed on the planned development. The intended planned development as a conditional use demonstrates each of the above three characteristics. The purpose of the provisions which permit a planned development as a conditional use is to provide an element of flexibility in the zoning ordinance. This element of flexibility allows a relatively small property to be granted departures from the standard requirements of the zoning ordinance without meeting the two (2) acre minimum for a planned district. Accordingly, each request made under these provisions should be very cautiously reviewed and considered with respect to the standards for planned developments. Further,the zoning ordinance states that"the authority to grant a conditional use for a planned development shall be sparingly exercised." H. Comprehensive Plan. The suitability of the subject property for the intended planned development as a conditional use with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The subject property is suitable for the intended planned development as a conditional use with respect to conformance to the goals, objectives, and policies of the 6 Recommendation & Findings of Fact Petition 16-16 June 6, 2016 official comprehensive plan. The subject property is designated as "Community Mixed Use"by the City's Comprehensive Plan and Design Guidelines dated 2005. The plan states that, "Community Mixed-Use Centers provide focus, identity, and convenient goods and services, as well as some employment, for a number of surrounding neighborhoods in a larger trade area. The ideal community mixed-use center should be between 30-100 acres of commercial, office, entertainment, medium density residential, and institutional uses accessed by arterial streets and transit service. The center would have parcels and buildings scaled to pedestrians, small enough to encourage parking once and walking to more than one destination. Off-street parking is shared and on-street parking helps to contribute to the intimate scale of well-functioning pedestrian environments. Parking located between and behind buildings permits people to walk more safely and comfortably between uses that front sidewalks rather than large parking lots" (emphasis added). Downtown Elgin functions as a unique community mixed-use center within the planning area. It is the historic and traditional heart of the community. Recommended land uses include a compatible mix of residential (30 plus du/ac), employment, educational, civic, and office uses, combined with a cultural and entertainment center focus that extends activities throughout the day. Pedestrian,bicycle,transit,and vehicular circulation systems are coordinated and efficient. Streets and places are designed to encourage pedestrian activity. More so, the proposed use and urban form of this planned development as a conditional use is wholly consistent with Elgin Chicago Street Station Area Planning Study adopted in 2013. Natural Preservation. The suitability of the subject property for the intended planned development as a conditional use 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 as a conditional use with respect to the preservation of all significant natural features including topography,watercourses,wetlands, and vegetation. The only significant natural feature of the site is the steep topography. The high point of the subject property is along the railroad tracks, and it drops off quickly down to State Street. The proposed planned development as a conditional use works with the existing topography; for example, the building will have a ground-floor pedestrian entrance at State Street but also a second entrance at the back of the building which puts persons at the second floor. The remainder of the ground floor is underground parking, tucked into the slope of the site. There are three trees and scrub shrubbery along the easterly edge and one tree and a number of random shrubs internal to the property. This poorly maintained vegetation is not significant and exists simply as a result of the property being vacant for more than 20 years. There are no additional significant natural features on the subject property. J. Internal Land Use. The suitability of the subject property for the intended planned development as a conditional use with respect to the land uses permitted within the 7 Recommendation & Findings of Fact Petition 16-16 June 6, 2016 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 as a conditional use with respect to land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or the surrounding property. No evidence has been submitted or found that the proposed planned development for a conditional use will be located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. All land uses proposed upon the property are permitted uses or typical and customary uses accessory to a permitted principal use. The building on the property is proposed to be located at the southeasterly corner of the property, as far away from adjacent residential properties as possible. Vehicular access to the property from State Street is limited through a right-in right-out only so as to reduce the impact of resident traffic onto this arterial street. The full access on Lawrence Avenue is located as far west along the frontage and away from the intersection of State and Lawrence so as to similarly reduce the impact of resident traffic on the intersection of State Street and Lawrence Avenue. DEPARTURES AND EXCEPTIONS A conditional use for 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: 1. Section 19.35.735.0. Setbacks; Generally: In the CC2 district, no building setbacks from a street lot line are allowed. The developer is proposing to locate the building at a distance of 10.09 feet from the east lot line along State Street.The setback is proposed to accommodate a 12 foot wide sidewalk that will be compliant with the requirements of the Americans with Disabilities Act (ADA). Additionally, the building will be set back for a distance of no less than 10 feet from the lot line along Lawrence Avenue to prevent it from encroaching into an exclusive city watermain easement. The proposed setbacks will provide a highly desirable urban form consistent with the 2013 Chicago Street Station Area Planning Study. 2. Section 19.35.735.G. Yards; Generally: In the CC2 district, no street yards are allowed. Due to the provision of the ADA compliant sidewalk along State Street and the existence of the exclusive watermain easement along Lawrence Avenue, the building will be setback from the street lot lines creating a street yard along the frontage of both streets. 3. Section 19.35.735.J. Building Coverage: In the CC2 district, the minimum building coverage shall be fifty percent(50%)of the zoning lot area.The developer is proposing 8 Recommendation & Findings of Fact Petition 16-16 June 6, 2016 a building with a ground coverage of 26,358 square feet which is approximately 35% of the total zoning lot area of 75,192 square feet. The area of the property not covered by building will be used for ingress and egress, surface parking,and open space, which buffers the proposed land use from a commercial/industrial land use to the north. 4. Section 19.35.735.N. Floor Area for Residential Buildings. In the CC2 zoning district, the minimum required gross floor area of a dwelling unit is 600 square feet, plus an additional 250 square feet for each bedroom amounting to 850 square feet for a 1-bedroom dwelling unit and 1,100 square feet for a 2-bedroom dwelling unit. The developer is proposing to offer a variety of 1- and 2-bedroom dwelling units with minimum floor areas of 680 square feet for a 1-bedroom unit and a minimum floor area of 946 square feet for a 2-bedroom dwelling unit. The proposed dwelling unit sizes are very reasonable, even if the intended target occupant was not a senior. By comparison, the recently approved 4- to 6-story senior residential facility of the Housing Authority of Elgin located at 130 South State Street was designed with 1-and 2-bedroom apartment dwelling units with minimum floor areas of 680 square feet for a 1-bedroom unit and a minimum floor area of 960 square feet for a 2-bedroom dwelling unit. The existing 11 story building on that property was also remodeled to provide for studio and 1 bedroom apartment dwelling units with a minimum floor area of 423 square feet for a studio unit and a minimum floor area of 538 square feet for a 1-bedroom unit. For more comparison, the Tower Building Redevelopment, which is not age restricted, will contain a mix of 44 1- and 2-bedroom units. The smallest 1- bedroom unit will be 476 square feet, and the largest 1-bedroom unit will be 1,187 square feet. The smallest 2-bedroom unit will be 732 square feet, and the largest 2- bedroom unit will be 875 square feet. 5. Section 19.50.070.D.2 Maximum Number of Monument Graphics. The maximum number of monument graphics allowed on a zoning lot is one graphic for each principal building. The developer is requesting the installation of two monument graphics, one at each vehicular entrance to the property. RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 16-16, subject to the following conditions: 1. Substantial conformance with the Development Application, Statement of Purpose and supporting documentation submitted by Buckeye Community Hope Foundation including the following: a. Development Application submitted by David Petroni of Buckeye Community Hope Foundation dated received on April 22, 2016 9 Recommendation & Findings of Fact Petition 16-16 June 6, 2016 b. Owners consent and disclosure prepared and submitted by Thomas M. Hartwell dated April 21, 2016 and Real Estate Purchase and Sale Contract executed on March 4, 2016. c. Statement of Purpose and Conformance prepared by C. M. Lavoie & Associates dated April 20, 2016. 2. Substantial Conformance with the architectural and zoning Exhibits prepared by Hooker DeJong, Inc. Architects, Engineers and Planners, dated March 31, 2016 including the following exhibits, and contingent upon revisions per the Community Development Department, Engineering, Water and Fire Departments: a. Area Tabulations, Sheet PR1.4 b. Floor Plans, Sheets PR1.5 through PR1.8 c. Unit Plans, Sheets PR1.12 through PR1.14 d. Exterior Building and Perspective Elevations, Sheets A4.1 through 4.3; last revised on April 20, 2016 3. Substantial conformance with the Preliminary Engineering Plans entitled "Fox River Crossing" Sheets C1.0-C9.0, dated March 18, 2016 and Preliminary Landscape Plans, Sheet C 10.0,dated April 20,2016 prepared by C.M. Lavoie&Associates,contingent upon revisions per the Community Development Department, Engineering, Water and Fire Departments. In the event of any conflict between the foregoing documents and the provisions of this ordinance or other applicable city ordinances, the provisions of this ordinance or other applicable city ordinances shall supersede and control. 4. The dumpster,trash, and recycling container common area(s)must be screened from view with a 6-foot high wall constructed of masonry matching that found on the main building. The opening to the common area(s) enclosure shall include a door(s) that provides complete screening of the dumpster,trash,or recycling containers at all times except during times when such containers are actively being serviced. 5. Buckeye Community Hope Foundation, or any future owner, operator, and/or assigns of the senior housing facility established by this planned development as a conditional use shall contract with and shall call and otherwise utilize a qualified private ambulance service to provide for all non-emergency medical transportation to and from the facility. For the purposes of this section, terms shall be defined as provided in the Emergency Medical Services (EMS) Systems Act at 210 ILCS 50/1, et seq. "Emergency" means a medical condition of recent onset and severity that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that urgent or unscheduled medical care is required. (210 ILCS 50/3.5, as amended). "Non-Emergency Medical Services" means medical care or monitoring rendered to patients whose conditions do not meet the definition of an emergency, before or during transportation of such patients to or from health care facilities visited for the purposes of obtaining medical or health care services 10 Recommendation & Findings of Fact Petition 16-16 June 6, 2016 which are not emergency in nature, using a vehicle regulated by the Emergency Medical Services Systems Act. (210 ILCS 50/3.5, as amended). 6. The development shall be allowed the installation of two free-standing monument graphics, one at each vehicular entrance to the property. Each monument graphic shall be no greater than 40 square feet in surface area, shall be completely supported on a short wall constructed of masonry that is permanently anchored to the ground, and which shall be no less than 80% of the width of the graphic. Each monument graphic shall be provided with a landscaped area located around the base of the monument graphic equal to 2.5 square feet for each square foot of ground graphic area. All other graphics shall conform to the requirements of Chapter 19.50 Street Graphics. 7. Compliance with all applicable codes and ordinances. The vote of the Planning& Zoning Commission on the motion to recommend approval, subject to the conditions outlined by the Community Development Department,was six (6) yes, zero (0) no, and zero (0) abstentions. Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom, Chairman Planning&Zoning Commission s/Marc S. Mvlott, AICP Marc S. Mylott, Secretary Planning&Zoning Commission Director of Community Development 11