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February 25, 1998 Plan Commission Minutes Page 13 ATTACHMENT This attachment to the February 25, 1997 Plan Commission Minutes is approved by the commission with the approval of said minutes. The following is the commission’s specific written findings of fact concerning Conditional Use Permit Amendment 241(B), 1 McKnight Place: The commission has considered the application and plans, the additional information presented by the applicant, the information presented by the opponents and all other comments made by those present at the public hearing, together with the report of the staff and does find, as follows: 1.The land on which the proposed addition to The Gatesworth is to be located is currently zoned as part of the SR-Single Family Residential District. Simultaneously the commission is recommending that it be rezoned to the HRO-High Density Residential/Office District. As detailed in the staff report, the proposed addition will comply in all respects with the applicable provisions of the Zoning Code, except: a.Section 34-57.3(1) of the new Zoning Code calls for at least 30% of the boundary of an elevator apartment development to be coterminous with the right-of-way of the abutting major street. This requirement did not exist at the time of the approval of conditional use permits 240, 241 and 241A. The length of the boundary of the existing development along I-170 as 25.6% of the boundary of the entire development, as proposed to be expanded. Section 34.131.3-4b permits the City Council to adjust the standards of the Zoning Code when it finds such adjustment will be more effective in achieving the spirit and intent of the code, provided that no dimensional regulation is to be made less restrictive by a factor of more than 20%. It is the finding of the Commission than an adjustment of 20% in this standard will be more effective in achieving the spirit and intent of the Zoning Code. Consequently, the Commission is recommending approval of the addition, conditioned on an adjustment by the City Council to reduce the 30% coterminous requirement by 20%. b.Another new provision of the Zoning Code relates to common open space, Section 34-57.4. Based upon the formula in the new Zoning Code, the proposed addition would generate a requirement of 1.325 acres of common open space. The total land area proposed for the addition is 2.21 acres. The ordinance standard for common open space under which the existing development was constructed was contained in Section 34-53 of the previous zoning code. Application of that standard to the present application would yield a requirement for 13,250 square feet of common open space. It is the finding of the Commission that the current ordinance standard is not appropriate for a retirement housing development in an elevator building. The Commission is considering a proposed amendment of the common open space requirement and is recommending approval of the proposed addition, subject to the condition that it comply with the common open space requirements of the ordinance, wpoffice\wpdata\m-2-25.plc