PASSED BY THE CITY COUNCIL OF THE CITY OF FREEPORT, ILLINOIS: THIS DAY OF, A.D., 20. APPROVED: MAYOR PASSED: APPROVED: ATTEST: CITY CLERK

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1 Special Ordinance for Variation, Permit or Amendment of Codified Ordinances of Freeport, Illinois ORDINANCE NO Type of Relief: Amendment of Zoning Ordinance from R6 (Multiple Family Residence) to P1 (Professional Use) 2. Owner or Applicant: Jack James, Jr., 1120 Lynwood Court, Freeport, Illinois, and FHN, 1045 West Stephenson Street, Freeport, Illinois, as contract vendee 3. Address/Description: 1746 and 1754 Hance Drive, Freeport, Illinois, shown as Parcel 5 on the attached common boundary map. 4. Reporting Agency: Freeport Planning Commission 5. Recommendation and Vote of Zoning Board or Planning Commission: Approval ; unanimous 6. Recommendation and Vote of Committee of the Whole: 7. Vote of 6 Aldermen required under Section (I) of the Codified Ordinances of the City of Freeport? Yes No BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FREEPORT, ILLINOIS: Section 1. The relief sought by the owner or applicant for the premises described in the heading is hereby granted as follows: Parcel rezoned from R6 (Multiple Family Residence) to P1 (Professional Use) for 1746 and 1754 Hance Drive, Freeport, Illinois, as shown as Parcel 5 on the Common Boundary Map, attached as Exhibit C, which is hereby incorporated by reference as if fully set forth herein. The City Council makes the following Findings of Fact as stated on the attached Exhibit A, which is hereby incorporated by reference as if fully set forth herein. Section 2. Section 3. Section 4. Special conditions or provisions are stated on Exhibit B, which is hereby incorporated by reference. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law, and is enacted pursuant to the Home Rule Authority of the City under Section 6(a) of Article VII of the Illinois Constitution of This Ordinance is subject to change or amendment in accordance with the regular procedures of the City of Freeport and the owner and the subsequent owners of any property affected by this Ordinance should recognize the right of the City of Freeport in this regard when contemplating any investment or expenditure of money.

2 PASSED BY THE CITY COUNCIL OF THE CITY OF FREEPORT, ILLINOIS: THIS DAY OF, A.D., 20. APPROVED: MAYOR PASSED: APPROVED: ATTEST: CITY CLERK

3 EXHIBIT A FHN/SLF (Burchard Hills) City of Freeport Planning Commission Public Hearing February 8, :30 pm City Hall Council Chambers Findings of Fact (1) Current zoning classifications and current uses of nearby property; Properties to the north, west and south are currently zoned R2 (Single Family Residence), and the entire eastern side is a combination of P1 and R6, which are the same zoning classifications as are being requested for these parcels. (Clark and Weegens) Proposed zoning classifications are compatible with the uses of nearby property. (Weegens) (2) Extent to which the property values of the Parcel are diminished by the current zoning restrictions; In their other facilities, BMA has not seen a negative impact on adjacent property values as a result of their facility. Their facilities typically neighbor single family and multi-family residential areas. (Burkett) (3) Extent to which the destruction of the property value of the Parcel promotes the health, safety, morals and general welfare of the public; (4) Relative gain to the public from the current zoning restrictions on the Parcel as compared to the hardship imposed upon the individual property owner of the Parcel; The base of the recreational path that FHN plans to implement will support emergency vehicles, affording access to public safety vehicles better access to the area. (Clark) The fact that the base of the recreational path will be built to support emergency vehicles will benefit the public by reducing response time for public safety professionals. (Weegens) Regarding utilities, FHN will be putting extensive sanitary sewer lines into the site. There are adjacent residences without sanitary sewer, and this project will provide an opportunity for those neighbors to hook-ups to sanitary sewer in the future. (Clark) The Stephenson Nursing Center Foundation is 40 percent owner of the SLF, and 40 percent of the profits would go to the benefit of that foundation. (Burkett) The petitioners see no potential adverse impact on the adjacent properties or the community. (Burkett) Fehr-Graham has been actively engaged in preliminary engineering for the project. They have reviewed the conceptual layout, including traffic, drainage, zoning, and other matters with FHN and BMA. In addition, they have met with the City s water & sewer engineer and plan to loop the water mains to ensure an adequate water supply and pressure on the property and in the surrounding

4 areas. In addition, the petitioners plan to add sanitary sewer systems to the subject property, and place sanitary sewer such that neighboring properties can have future sanitary sewer access. (Weegens) Fehr-Graham is working on storm water issues, which are a concern because of the sloping nature of the property. They intend to not only meet the City s ordinance, but go beyond that to ensure that the water is detained on-site beyond the ordinance requirements. The detention areas are dry detention ponds so there won t be nuisance issues with mosquitoes or soggy-bottomed ponds. As a storm dissipates, the detention ponds are designed to dissipate the water in a way that does not impact surrounding properties. (Weegens) A traffic study has been initiated, but not completed. Fehr-Graham is gathering date on number of vehicles on South Street and Burchard Avenue. The next step will be looking at the proposed uses on the subject property (and how much traffic those uses will generate), potential points of conflict and impacts on the surrounding area, which will enable them to recommend traffic solutions. (Weegens) Currently, the traffic levels on Burchard are 11,000 cars daily. Based on the numbers given tonight, the additional traffic would be a small percentage of the total. (Weegens Dr. Thomas Hartog, an owner of adjoining property owner, asked about what recourse a property owner would have if the project adversely impacted traffic. Todd Weegens responded that the City would independently review the traffic study. With the pre-meetings that FHN, BMA, and Fehr-Graham have had with City officials, the site plan has undergone several adjustments to accommodate the requirements of the City s codes and regulations. (Weegens) For FHN, patient convenience is a factor in this site. It s conveniently located in relation to the Hospital. It would be the most central location FHN would have in the community. (Clark) The SLF is a 99-unit facility, three-stories high, with approximately 45 FTEs and an annual payroll of approximately $1,000, at full occupancy. (Burkett) FHN and BMA will enter into a development agreement with the City to address issues such as drainage, traffic, and other issues and has retained Fehr-Graham & Associates to address those issues. (Clark and Burkett) Drainage system will include three detention areas not ponds or standing water but holding areas that will dissipate quickly. (Clark) FHN and BMA will blend the project with the surrounding area by making the landscape pleasing, and buildings compatible with the surrounding areas, being sensitive with parking lights to ensure that they are not a nuisance to neighbors, placing buildings and residential units on the property so as not to encroach on neighbors enjoyment of their homes and yards. (Clark and Burkett) The project will match the essential characteristics of the area. (Clark and Burkett) Dr. Thomas Hartog, an adjacent property owner, expressed concern about traffic and signalization. Mr. Earl Leeper expressed concern about drainage on the property.

5 Regarding traffic patterns, only about five percent of the residents still drive a car. The SLF has its own van for outings and shopping. The majority of the transportation needs of residents are met by facility s organized transportation or family members. (Burkett) Mr. Robert Geiseman, an adjacent property owner, expressed concern about how a three-story SLF will blend with the neighborhood. Mr. Burkett responded that they use interesting roof lines and architecture to make it blend, and that there are other three-story multi-family buildings in the area. The topography of the land is such that the building will sit lower and not have an elevation that would appear a full three stories from the neighboring properties. (5) Suitability of the Parcel for the zoned purpose; The zoning classifications requested is the same classification as the properties to the east of the subject property. (Clark) The site includes adequate space to accommodate the proposed zoning classification and uses, with more green space and landscaping than typically seen with similar developments. (Weegens) (6) Length of time the Parcel has been vacant as zoned considered in the context of land development in the area in the vicinity of the Parcel; The entire subject property has been, and remains, undeveloped, at least since (Clark) There have been several developers look at the land for residential development, but when faced with some of the challenges of the site, they have not gone forward. (Weegens) (7) Community need for the proposed new use on the Parcel; and FHN s facility will be built on 10 acres. It will be a two-story facility with an exposed lower level. Twenty-two health care providers, in specialties including primary care, internal medicine, pediatrics, and physical therapy will practice in the facility. (Clark) FHN s payroll in Freeport is approximately $80,000,000 each year. This building would have a payroll of approximately $10,000,000 each year. (Perry) Lack of space not only jeopardizes recruitment of new practitioners, but also the retention of current practitioners. (Perry) Blair Minton Associates will also have an assisted living facility on the site, and condominiums for elderly as well (Clark). FHN is dealing with aging facilities. Buildings are very dated, and there are limitations on their ability to bring them up to current medical standards and handicapped standards. Also, FHN is competing to recruit and retain physicians in the area and this is necessary to be successful in a highly competitive recruiting market. (Clark) BMA s SLF serves housing needs of seniors who cannot live on their own but do not require the level of care of a nursing home. The average age of the residents is 82, with a minimum age of 65. Residents must not have a diagnosed mental illness. They provide 24-hour nursing aid care, professional nursing care, a dining room with full meal service. (Burkett)

6 There is a tremendous need for the SLF in Freeport. BMA has done market studies from Kentucky border to Wisconsin border, and in most communities, at least 50 percent of the seniors cannot afford market-rate assisted living. Facilities like BMA s proposed facility fill the need for affordable assisted living housing. (Burkett) Second component of BMAs plan is duplex to quadplex homes, for residents 55 and over, more independent than the SLF residences. BMA will conduct a market study to determine exact need and price point. Typically they build single-story, no steps, attached garage homes. Could be a three-year process of developing the multi-family component. The condos, together with the SLF, provide a continuum of care concept. (Burkett) (8) Care with which the community has undertaken its development plan (i.e., how current and well-thought out is the City s Comprehensive Plan). The City s most recent Comprehensive Plan was approved in 1980.

7 EXHIBIT B SPECIAL CONDITIONS OR PROVISIONS Approval of this zoning map amendment is contingent on a completed traffic study and drainage study, and approval of both studies by the City of Freeport.