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G75-06 Ordinance No. G75-06 AN ORDINANCE RECLASSIFYING PROPERTY FROM THE CI COMMERCIAL INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (High Point Plaza— 1350 East Chicago Street) WHEREAS, the property herein described is located within the City of Elgin; and WHEREAS, written application has been made to reclassify said property from the CI Commercial Industrial District to the PAB Planned Area Business District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations 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 September 5,2006,made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries herein before laid out in the `Zoning District Map', as amended,be and are hereby altered by including in the PAB Planned Area Business District, the following described property: That part of Section 17 and Section 20,both in Township 41 North,Range 9 East of the third principal meridian, described as follows: commencing at the northwest corner of the southwest quarter of aforesaid Section 17 and running thence North 87 degrees 51 minutes 25 seconds East,along the North line of said southwest quarter, 768.01 feet; thence South 1 degree 10 minutes 19 seconds East 863.50 feet; thence North 89 degrees 16 minutes 53 seconds West, 181.08 feet; thence South 3 degrees 1 minute 16 seconds West,634 feet;thence South 64 degrees 35 minutes 31 elk seconds West,228.44 feet;thence South 3 degrees 1 minute 16 seconds West,558.98 feet; thence South 76 degrees, 33 minutes 8 seconds East, 687.59 feet; thence South 85 degrees 33 minutes 12 seconds East,70.77 feet,for the point of beginning;thence South 3 degrees 59 minutes 42 seconds East, 441.64 feet, to the northerly line of Illinois Route 19 (Irving Park Road) as said road was dedicated by document no. 11200329; thence North 85 degrees 7 minutes 9 seconds East, along said northerly line, 166.84 feet;thence South 6 degrees 53 minutes 24 seconds East,along said line 15 feet; thence North 83 degrees 6 minutes 36 seconds East, along said line, 299.08 feet; thence North 4 degrees 13 minutes 28 seconds East,56.69 feet;thence North 10 degrees 0 minutes 41 seconds West 373.45 feet;thence South 87 degrees 20 minutes 46 seconds West 425.36 feet;thence North 85 degrees 33 minutes 12 seconds West, 10.11 feet,to the point of beginning,excepting therefrom that part thereof deeded to the people of the State of Illinois, Department of Transportation, by deed recorded August 5, 1998 as Document Number 98688397 more specifically described as follows: that part of the northwest quarter of Section 20,Township 41 North,Range 9 East of the third principal meridian,in Cook County,Illinois described as follows: commencing at the northwest corner of said northwest quarter; thence north 88 degrees 28 minutes 34 seconds east 1,573.57 feet(bearings assumed for description purposes only)along the north line of said northwest quarter to the west right of way of Shales Parkway(Lovell Road)as established by document no. 88486058;thence south 9 degrees 48 minutes 16 seconds east, 4.55 feet to a bend in said right of way line; thence south 4 degrees 26 minutes 10 seconds west 36.64 feet, along said right of way line for the point of beginning;thence continuing south 4 degrees 26 minutes 10 seconds west, 20.00 feet, along said west right of way to the north right of way line of Chicago-Elgin Road (Illinois Route 19) as established by document no. 11200329; thence south 83 degrees 16 minutes 27 seconds west, 20.00 feet, along said north right of way line; thence north 43 degrees 51 minutes 19 seconds east, 30.90 feet to the point of beginning: also excepting therefrom that part dedicated for public street(a portion of Philips Way)by plat of dedication recorded June 7, 1990 as Document No. 90267579 more particularly described as follows: beginning at the northwest corner of the subject land;thence south 85 degrees 33 minutes 12 seconds east, a distance of 10.11 feet; thence north 87 degrees 20 minutes 46 seconds east, a distance of 4.00 feet to a line that is 14.00 feet,as measured perpendicular,easterly of and parallel with a line that bears south 03 degrees 59 minutes 42 seconds east from the point of beginning; thence south 03 degrees 59 minutes 42 seconds east, along said parallel line, a distance of 70.00 feet; thence south 86 degrees 00 minutes 18 seconds west,perpendicular to the last described line, a distance of 14.00 feet to the aforesaid line that bears south 03 degrees 59 minutes 42 seconds east from the point of beginning;thence north 03 degrees 59 minutes 42 seconds west,along said line,a distance of 71.58 feet to the point of beginning, situated in the City of Elgin, Cook County,Illinois and containing 4.57 acres more or less. (Property commonly known as 1350 East Chicago Street) Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PAB Planned Area Business District in accordance with the following provisions: A. Purpose and Intent. The purpose of the PAB Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a community wide or regional supporting population,subject to Chapter 19.60.A PAB zoning district is most similar to,but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein,followed by the symbol "[SR]", shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976,as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB zoning 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, 1976, as amended. D. Zoning Districts-Generally. In this PAB zoning 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, 1976, as amended. E. Land Use. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.10,Land Use of the Elgin Municipal Code, 1976, as amended. 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 PAB zoning district: 1. Permitted Uses:The following enumerated land uses shall be the only land uses allowed as a permitted use in this PAB planned area business district: a. Municipal services division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. b. Offices division: "Offices" [SR] (UNCL). c. Finance, insurance, and real estate division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). d. Services division: Advertising (731). 1 Automotive renting and leasing without drivers (751). Barbershops (724). Beauty shops (723). Carpet and upholstery cleaning agents without plants on the premises(7217). Coin operated laundries and dry cleaning (7215). 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). 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 healthcare services (808). Job training and vocational rehabilitation services (833). Laundry collecting and distributing outlets (7211). Legal services (811). Libraries (823). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Miscellaneous equipment rental and leasing (735). Miscellaneous personal services not elsewhere classified (7299). Motion picture distribution and allied services (782). Motion picture production and allied services (781). 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). Personnel supply services (736). Photofinishing laboratories (7384). Photographic studios, portrait (722). 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). r { Security systems services (7382). Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). Testing laboratories (8734). Theatrical producers (792). Videotape rental (784). Watch, clock and jewelry repair(763). e. Retail trade division: Apparel and accessory stores (56). Automatic merchandising machine operators (5962). Building materials, hardware and garden supply(52). Carryout restaurants (5812). Catalog and mail order houses (5961). Convenience food stores, operated on a twenty four(24) hour basis (5411). Direct selling establishments (5963). Drugstores and proprietary stores (591). Eating places (5812). Florists (5992). Food stores (54). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified(5999). Miscellaneous shopping goods stores (594). Mobile home dealers (52). Motor vehicle dealers (5994). News dealers (5994). Optical goods stores (5995). Tobacco stores (5993). f. Agricultural division: Dog grooming(0752). Farm labor and management services (076). Greenhouses for floral products, exclusively "accessory" [SR] to a use allowed in the zoning district(0181). Landscape counseling and planning(0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). g. Construction division: "Contractor's office and equipment areas" [SR] (UNCL). h. Manufacturing division: Commercial printing occupying less than five thousand(5,000)square feet of gross floor area(2752). i. 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 antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified(489). Intercity and rural bus transportation operators' offices (413). "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of chapter 19.47 of this title (UNCL). Local and suburban passenger transportation operators' offices (411). Packing and crating(4783). "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). j. Miscellaneous uses division: "Accessory structures" [SR] (UNCL)to the permitted uses allowed in the AB area business district, subject to the provisions of section 19.12.500 of this title. "Accessory uses" [SR] (UNCL)to the permitted uses allowed in the AB area business district, subject to the provisions of section 19.10.400 of this title. "Drive-through facilities" [SR], subject to the provisions of chapter 19.45 of this title. "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB area business 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 AB area business 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 AB area business 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). 2. Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in this PAB planned area business district: a. Municipal services division: "Municipal facilities" [SR] on a zoning lot [SR] containing less than two(2) acres of land. b. Public administration division: Public administration(J)on a zoning lot containing less than two(2)acres of land. c. Services division: Child daycare services (835). Churches, convents, monasteries, and temples (8661). Coin operated amusement establishments (7993). ealk Dance halls (7911). Dance studios and schools (791). Funeral service (726). "Home child daycare services" [SR] (8351). Individual and family social services (832). Membership organizations (86). Membership sports and recreation clubs (7997). Motion picture theaters (7832). Physical fitness facilities (7991). d. Retail trade division: Drinking places (alcoholic beverages) (5813). Firearms sales (5941). "Motor vehicle service stations" [SR] (554). "Outdoor eating and drinking facilities" [SR] (UNCL). "Package liquor sales establishments" [SR] (5921). Pawnshops (5932). e. Agricultural division: "Kennels" [SR] (0752). f. Mining division: "Temporary mining" [SR] (UNCL). g. Wholesale trade division: Beer, wine, and distilled alcoholic beverages (518). elak Lumber and other construction materials (503). h. Transportation, communication, and utilities division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Courier services (4215). Heliports (458). Pipelines, except natural gas (461). Public warehousing and storage(422). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Railroad tracks (401). "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). i. Miscellaneous uses division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB area business district, subject to the provisions of section 19.12.500 of this title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB area business district, subject to the provisions of section 19.10.400 of this title. "Commercial operations yards" [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] (UNCL),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. F. Site Design. In this PAB zoning district,except as otherwise provided for herein,the use and development of land and structures shall subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. The development of land and structures shall be in substantial conformance with the following: 1. Substantial conformance to the Statement of Purpose submitted by Dearborn Construction and Development, Ltd., submitted on March 10, 2005. 2. Substantial conformance to the Site Plans titled "Existing Conditions" and "Geometric Plan" prepared by Marchris Engineering, Ltd., dated April 25, 2005 and last revised October 3, 2005. 3. Substantial conformance to the landscape plans sheets LS-1 and LS-2 prepared by Marchris Engineering,Ltd.,dated March 3,2005 and last revised May 30, 2006. 4. Substantial conformance to the elevation drawings Sheet No. 2 prepared by Ernest E. Ternovits, Jr. Architects, dated March 29, 2005 and last revised March 3 2006. 5. Substantial conformance to the Section drawings through the property titled Section A and the line of sight drawing prepared by Marchris Engineering, Ltd., dated March 20, 2006. 6. Compliance with all other applicable codes and ordinances. H. Off-street Parking. Except as otherwise provided within this section, in this PAB zoning district,off-street parking shall be subject to the provisions of chapter 19.45, Off Street Parking,of the Elgin Municipal Code,as amended. The minimum number of required off street parking stalls shall be in conformance with the provisions of Chapter 19.45, except as follows: Sit-down restaurants: 1 stall for every 100 square feet of floor area. Carry-out restaurants: 1 stall for every 85 square feet of floor area. Off-street Loading. In this PAB zoning district,off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PAB zoning district,signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. K. Planned Developments. In this PAB 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. L. Conditional Uses. In this PAB zoning district,application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin Municipal Code, 1976,as amended. An application for conditional use may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. M. Variations. In this PAB zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, 1976, as amended. An application for variation may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. N. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. Ed Schock, Mayor Presented: October 25, 2006 Passed: October 25, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 26, 2006 Published: Attest: Dolonna Mecum, City Clerk September 18, 2006 (64 FINDINGS OF FACT Planning and Development Commission City of Elgin, Illinois SUBJECT Consideration of Petition 38-05 Requesting a Map Amendment from CI Commercial Industrial District to PAB Planned Area Business District;to Permit the Construction of a New Multiple-tenant Commercial Building in the ARC Arterial Road Corridor Overlay District;Property Located at 1350 East Chicago Street, by Dearborn Realty and Construction,Ltd., as Applicant and Owner. BACKGROUND Requested Action: Map Amendment Current Zoning: CI Commercial Industrial District ARC Arterial Road Corridor Overlay District r Proposed Zoning: PAB Planned Area Business District ARC Arterial Road Corridor Overlay District Existing Use: Vacant Proposed Use: Multiple-Tenant Commercial Building Property Location: 1350 East Chicago Street Applicant/Owner: Dearborn Construction and Development Ltd. Staff Coordinator: Sarosh Saher, Urban Design&Preservation Specialist LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Map (see attached) EXHIBIT E. Environmental Map (see attached) • Findings of Fact Planning and Development Commission Petition 38-05 September 18, 2006 4111) F. Site Photos (see attached) G. Statement of Purpose and Development Plan (see attached) H. Draft PAB Ordinance (see attached) I. Standards for Planned Development (see attached) BACKGROUND An application has been filed by Dearborn Realty and Construction, Ltd., requesting a Map Amendment from CI Commercial Industrial District to PAB Planned Area Business District. The subject property is located at 1350 East Chicago Street(reference Exhibits A,B, C,D, E, and F). Dearborn Realty and Construction, Ltd. proposes to rezone the 4.57 acre parcel for a commercial building. The property is currently vacant and is zoned for commercial and industrial uses. The project is being completed in two phases. Phase one will allow the property to be developed with a 33,000 square feet commercial building containing 32 tenant spaces. No development is being proposed for Phase Two at this time.An amendment to the approved PAB ordinance will be required prior to development of Phase Two (reference Exhibits G, H and I). FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of Petition 38-05 on September 5, 2006. The applicant testified at the public hearing and presented documentary evidence in support of the application.Additional public testimony was presented. The Community Development Group submitted a Map Amendment Review, dated August 30, 2006. The Planning and Development Commission has made the following findings concerning the standards for planned developments: A. Site Characteristic Standard:The suitability of the subject property for the intended zoning district with respect to its size,shape,significant natural features(including topography,watercourse and vegetation), and existing improvements. Findings. The subject property is suitable for the intended zoning district with respect to the site characteristics standard. The subject property is an irregularly shaped parcel containing approximately 4.57 acres and 41) J p P Y is currently vacant. Vegetation on the property comprises mostly of shrubs with a few trees 2 • • . Findings of Fact Planning and Development Commission Petition 38-05 September 18, 2006 r scattered throughout the property. Elevations range from a high point of 808 feet at the northeastern portion of the property,to a low point of 765 at the northwestern portion of the property, for a maximum relief of 43 feet. B. Sewer and Water Standard. The suitability of the subject property for the intended zoning district with respect to the availability of adequate municipal water, wastewater treatment, and storm water control facilities. Findings. The subject property is suitable for the proposed planned development with respect to the sewer and water standard. The subject property is served with municipal water and sanitary sewer systems. The design of stormwater management systems will be in compliance with the Kane County Stormwater Ordinance. C. Traffic and Parking Standard. The suitability of the subject property for the intended zoning district with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. Findings. The subject property is suitable for the intended zoning district with respect to the traffic and parking standard. The subject property is located along east Chicago Street, an arterial street serving the east portion of the city. Shales Parkway, a collector street runs along the east of the property. Vehicular access to the property will be provided at two locations with full access proposed along Shales Parkway, and a right-in,right-out access along East Chicago Street. Parking for this subdivision will be provided in conformance with the requirements of the off-street parking ordinance. D. Zoning History Standard. The suitability of the subject property for the intended zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended zoning district with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The property was annexed to the City of Elgin in 1988 as part of the Woodland Creek Subdivision annexation. The property was zoned B4 General Service District until 1992, when it was reclassified to CI Commercial Industrial District as a part of the most recent comprehensive amendment to the zoning ordinance. 3 Findings of Fact Planning and Development Commission Petition 38-05 September 18, 2006 E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended zoning district with respect to consistency and compatibility with surrounding land use and zoning. The area located to the north of the subject property is zoned PRC Planned Residential Conservation District,and is improved with single family residential homes.The areas to the west and south are zoned CI Commercial Industrial District, and are improved with automobile sales and service related uses. The area to the east lies within unincorporated Cook County and is comprised of the Commonwealth Edison right-of-way and vacant land. The proposed planned development is compatible with these uses. F. Trend of Development Standard. The suitability of the subject property for the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend of development in the area. Findings. The subject property is suitable for the intended zoning district with respect to consistency with an existing pattern of development or an identifiable trend within the area. 4111) The subject property is located in an area developed primarily with commercial uses with residential uses to the north. The proposed planned development is compatible with this trend of development. G. Zoning District Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. The purpose and intent of the provisions of the planned developments is to accommodate unique development situations, subject to the provisions of Chapter 19.60, Planned Developments. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and facilitate the implementation of the objectives,policies, and strategies of the City of Elgin Comprehensive Plan. The ARC zoning district is a zoning overlay district,and accordingly, a property located within the district shall also be subject to the regulations of the underlying zoning district in which it is located. In general, the purpose and intent of the provision for planned developments is to accommodate unique development situations. For planned development districts, the planned development should demonstrate the following characteristics: 4 .....x.11 . Findings of Fact Planning and Development Commission Petition 38-05 September 18, 2006 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. 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 PAB Planned Area Business District. The proposed map amendment is in substantial conformance with the purpose and intent of the planned development provisions.This proposal represents a creative approach to the use of this property resulting in a commercial development which will be compatible with the commercial developments to the west and south. The subject property will be sufficiently landscaped in order to minimize the effects of the dissimilar land uses to the north. The façades of the multiple-tenant commercial buildings are proposed to be constructed in natural building materials such as brick on the main walls trimmed out in rough faced stone veneers, with cut stone coping. The design of the elevations is articulated with face brick piers used to divide the tenant spaces.A brick parapet wall uniformly constructed around the entire building will be used to screen any rooftop mechanical units in addition to providing a an attractive design element on all facades of the building. An ornamental iron fence is proposed to be located along the north and west property lines. The property is proposed to be extensively landscaped along East Chicago Street and Shales Parkway. Landscape screening is also proposed along the rear property line to the north to screen the development from the adjacent residential uses. The portion of the property proposed to be developed under Phase two will be seeded and landscaped on completion of Phase one of the project. No departures or exceptions from the Zoning Ordinance are being requested. H. Comprehensive Plan Standard. The suitability of the subject property for the intended zoning district with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The subject property is suitable for the intended zoning district with respect to the Comprehensive Plan Standard. The subject property is designated "Highway Commercial." Areas designated Highway Commercial typically serve surrounding neighborhood areas, but also larger trade areas connected by the arterial street system. They may include all of the commercial uses found 5 • • f Findings of Fact Planning and Development Commission Petition 38-05 September 18, 2006 in the mixed-use centers. In addition, they typically include highway-serving uses such as fast food restaurants,auto-oriented uses such as tire stores,service stations,auto parts stores, and other stand alone retail uses. These commercial areas are generally auto dominated with few pedestrian amenities.The proposed planned development is in substantial conformance with this designation. Natural Preservation Standard. The suitability of the subject property for the intended planned development with respect to the preservation of all significant natural features including topography,watercourses, wetlands, and vegetation. Findings. The subject property is suitable for the intended planned development with respect to the Natural Preservation Standard. The existing shrubs and trees located on the property will be removed to make way for the development. New quality trees and shrubs will be planted along the landscape yards to screen the subject development from adjacent residential uses. The extensive landscaping with high quality plant material will additionally complement the architecture of the building. J. Internal Land Use Standard. The suitability of the subject property for the intended planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding property. Findings. The subject property is suitable for the intended planned development with respect to the internal land use standard. The proposed land plan features a multiple-tenant commercial development.The commercial subdivision is designed in general conformance with the applicable zoning and subdivision standards. The proposed planned development is designed and will be operated in a manner that will prevent undue detrimental influence on the proposed internal land uses and on surrounding properties. SUMMARY OF FINDINGS,UNRESOLVED ISSUES AND ALTERNATIVES The Planning and Development Commission has developed or identified the following unresolved issues and alternatives: A. Summary of Findings 1. Positive Attributes. The façades of the multiple-tenant commercial buildings are proposed to be constructed in natural building materials such as brick on the main walls trimmed out in rough faced stone veneers,with cut stone coping.The design of the elevations is articulated with face brick piers used to divide the tenant spaces. A 6 Findings of Fact Planning and Development Commission Petition 38-05 September 18,2006 brick parapet wall uniformly constructed around the entire building will be used to screen any rooftop mechanical units in addition to providing a an attractive design element on all facades of the building. An ornamental iron fence is proposed to be located along the north and west property lines. The property is proposed to be extensively landscaped along East Chicago Street and Shales Parkway. Landscape screening is also proposed along the rear property line to the north to screen the development from the adjacent residential uses. The portion of the property proposed to be developed under Phase two will be seeded and landscaped on completion of Phase one of the project. 2. Comprehensive Plan Standard. The subject property is designated "Highway Commercial." Areas designated Highway Commercial typically serve surrounding neighborhood areas,but also larger trade areas connected by the arterial street system. They may include all of the commercial uses found in the mixed-use centers. In addition, they typically include highway-serving uses such as fast food restaurants, auto-oriented uses such as tire stores, service stations, auto parts stores, and other stand alone retail uses. These commercial areas are generally auto dominated with few pedestrian amenities. The proposed planned development is in substantial conformance with this designation. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substantive alternatives. RECOMMENDATION The Planning and Development Commission hereby recommends the approval of Petition 38-05. On a motion to recommend approval, subject to the following conditions, the vote was six (6)yes and zero (0) no: 1. Substantial conformance to the Statement of Purpose submitted by Dearborn Construction and Development, Ltd., submitted on March 10, 2005. row 2. Substantial conformance to the Site Plans titled "Existing Conditions" and "Geometric Plan"prepared by Marchris Engineering,Ltd.,dated April 25,2005 and 7 4 Findings of Fact Planning and Development Commission Petition 38-05 September 18, 2006 last revised October 3, 2005. 3. Substantial conformance to the landscape plans sheets LS-1 and LS-2 prepared by Marchris Engineering, Ltd., dated March 3, 2005 and last revised May 30, 2006. 4. Amendments to the elevation drawings,Sheet No.2 prepared by Ernest E.Ternovits, Jr. Architects, dated March 29, 2005 and last revised March 3 2006,to indicate the construction of the parapet wall uniformly around the entire building. 5. Substantial conformance to the Section drawings through the property titled Section A and the line of sight drawing prepared by Marchris Engineering,Ltd.,dated March 20, 2006. 6. Compliance with all other applicable codes and ordinances. Therefore,the motion to recommend approval of Petition 38-05 was adopted. Jo Hurlbut, C airman 7 (11P)11 aiming and Development Commission 56144. Tom Armstrong, Secretary 4 Planning and Development Commission 8