HomeMy WebLinkAboutORDINANCES-2020-098-O-2010/14/2020
98-0-20
AN ORDINANCE
Granting A Major Adjustment to the Planned Development
Located at 1605-1631 Chicago Avenue
WHEREAS, the City of Evanston is a home -rule municipality pursuant to
Article VII of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of government, the City has the authority
to adopt ordinances and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; and
WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970,
which states that the "powers and functions of home rule units shall be construed
liberally," was written "with the intention that home rule units be given the broadest
powers possible" (Scadron v. City of Des Plaines, 153 111.2d 164); and
WHEREAS, it is a well -established proposition under all applicable case
law that the power to regulate land use through zoning regulations is a legitimate means
of promoting the public health, safety, and welfare; and
WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1,
et seq.) grants each municipality the power to establish zoning regulations; and
WHEREAS, pursuant to its home rule authority and the Illinois Municipal
Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the
Evanston City Code of 2012, as amended, ("the Zoning Ordinance"); and
WHEREAS, in August 2013, the City Council enacted Ordinance 86-0-13,
attached hereto as Exhibit B and incorporated herein by reference, which granted a
Special Use Permit for a Planned Development (the "Planned Development") at 1611-
1629 Chicago Avenue (the "Subject Property'), which is legally described in Exhibit B;
and
WHEREAS, Ordinance 86-0-13 approved the construction of an eight (8)
story addition to the north of the existing Merion building with two hundred five (205)
units, thirty-two (32) parking spaces (9 leased off -site), an FAR of 3.15, and established
a special use for an Independent Living Facility, which is detailed at length in Exhibit B;
and
WHEREAS, the Applicant, Horizon Realty Group ("the Applicant") has
proposed a subdivision of the parcel which would create two (2) parcels: one parcel
containing an existing one-story commercial building and another parcel containing the
existing Merion building and its addition; and
WHEREAS, this change in zoning lot size triggers the need for a major
adjustment to the 2013 planned development; and
WHEREAS, the Applicant has requested a major adjustment that includes
an increase in FAR to 4.2 from 3.15; an increase in parking spaces from thirty-two (32)
to thirty-eight (38) (all leased off -site); and a reduction of units from two hundred five
(205) to one hundred eighty-six (186) (including sixty-five (65) dwelling units); and
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98-0-20
WHEREAS, in order to approve the major adjustment requested, the
Applicants request amendments to Ordinance 86-0-13 (the "Previously Approved
Ordinance"); and
WHEREAS, the Previously Approved Ordinance is a piece of legislation
enacted by the City Council of the City of Evanston, subject to revision only by said City
Council; and
WHEREAS, on February 26, 2020, May 13, 2020 and September 30,
2020, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1
et seq.) and the Zoning Ordinance, the Plan Commission held a public hearing on the
application for a Major Adjustment to a Planned Development, case no. 19PLND-0059,
heard extensive testimony and public comment, received other evidence, and made
written minutes, findings, and recommendations; and
WHEREAS, the Plan Commission recommended City Council approval of
the application for a major adjustment; and
WHEREAS, on October 26, 2020, the Planning and Development
Committee ("P&D Committee") held a meeting, in compliance with the provisions of the
Illinois Open Meetings Act (5 ILCS 120/1 et seq), during which it considered the
Applicant's request; and
WHEREAS, during said meeting, the P&D Committee received input from
the public, carefully deliberated on the major adjustment, and recommended approval
thereof by the City Council; and
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98-0-20
WHEREAS, at its meetings on October 26, 2020 and November 9, 2020,
held in compliance with the provisions of the Illinois Open Meetings Act, the City Council
considered the P&D Committee's recommendation, heard public comment, made
findings, and adopted said recommendation; and
WHEREAS, it is well -settled law in Illinois that the legislative judgment of
the City Council must be considered presumptively valid (see Glenview State Bank v.
Village of Deerfield, 213 III.App.3d 747) and is not subject to courtroom fact-finding (see
National Paint & Coating Assn v. City of Chicago, 45 F.3d 1124),
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILILINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: Pursuant to the terms and conditions of this ordinance, the
City Council hereby grants an amendment to the Special Use Permit previously
authorized by Ordinance 86-0-13 to allow for the change in the zoning lot.
SECTION 3: The conditions on the Special Use Permit imposed pursuant
to Subsection 6-3-5-12 of the Zoning Ordinance by City Council in Ordinance 86-0-13
remain applicable to the Planned Development,
SECTION 4: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council amends condition (B) of the Special Use Permit granted for the
Planned Development in ordinance 86-0-13, as may be amended by future
ordinance(s), and violation of any of which shall constitute grounds for penalties or
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98-0-20
revocation of said Special Use Permit pursuant to Subsection 6-3-10-5 and 6-3-10-6 of
the Zoning Ordinance:
(B) Parking: Pursuant to Subsection 6-16-2-1-(B)-1 of the Zoning Ordinance the
Applicant shall license no less than thirty-eight (38) parking spaces, required for
the Special Use Permit authorized by this ordinance, from the City in an off-street
parking facility within one -thousand (1,000) feet of the Subject Property. For as
long as the applicant operates said Special Use it shall maintain and keep
current said licenses and shall comply with all terms thereof and any amendment
thereto.
SECTION 4: Except as otherwise provided for in this 98-0-20, all
applicable regulations of the Ordinance 86-0-13, the Zoning Ordinance, and the entire
City Code shall apply to the Subject Property and remain in full force and effect with
respect to the use and development of the same. To the extent that the terms and/or
provisions of any of said documents conflict with any of the terms herein, this Ordinance
98-0-20 shall govern and control.
SECTION 5: When necessary to effectuate the terms, conditions, and
purposes of this ordinance, "Applicant" shall be read as "Applicant and its agents,
assigns, and successors in interest."
SECTION 6: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
SECTION 7: Except as otherwise provided for in this ordinance, all
applicable regulations of the Zoning Ordinance and the entire City Code shall apply to
�5�
the Subject Property and remain in full force and effect with respect to the use and
development of the same. To the extent that the terms and provisions of any of said
documents conflict with the terms herein, this ordinance shall govern and control.
SECTION 8: All ordinances or parts of ordinances that are in conflict with
the terms of this ordinance are hereby repealed.
SECTION 9: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 10: The findings and recitals herein are hereby declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced: October 26 2020
Adopted: November 9 2020
Attest:
Devon Reid, City Clerk
November 13
4%4y-QK-
Stephen H. Hagerty, Mayor
Approved as to form:
Kelley A. Gandurski,
Corporation Counsel
, 2020
EXHIBIT A
Legal Description
THAT PART OF LOT A DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHWEST CORNER OF SAID LOT; THENCE NORTHEASTERLY, ALONG THE
NORTHWESTERLY LINE, 264.39 FEET; THENCE SOUTHEASTERLY AT APPROX.
AT RIGHT ANGLE 170 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT;
THENCE SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE, 264.46 FEET;
THENCE NORTHWESTERLY, ALONG THE SOUTHWESTERLY LINE; 170 FEET TO
THE POINT OF BEGINNING, IN PLAT OF CONSOLIDATION OF LOT 4 (EXCEPT
THE NORTH 5 FEET THEREOF) AND ALL OF LOTS 5, 6, 7, 8 AND 9 IN BLOCK 20 IN
EVANSTON, IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
PINs: 11-18-403-020-0000
COMMONLY KNOWN As: 521-533 Davis Street & 1605-1619 Chicago Avenue, Evanston,
Illinois
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EXHIBIT B
Ordinance 86-0-13
zz
7/11/2013
86-0-13
AN ORDINANCE
Granting Special Use Permits for a Planned Development and
Independent Living Facility Located at 1611-29 Chicago Avenue
in the D4 Downtown Transition District ("North Shore Residence")
WHEREAS, the City of Evanston is a home -rule municipality pursuant to
Article VII of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of government, the City has the authority
to adopt ordinances and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; and
WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970,
which states that the "powers and functions of home rule units shall be construed
liberally," was written "with the intention that home rule units be given the broadest
powers possible" (Scadron v. City of Des Plaines, 153111.2d 164); and
WHEREAS, it is a well -established proposition under all applicable case
law that the power to regulate land use through zoning regulations is a legitimate means
of promoting the public health, safety, and welfare; and
WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5111-13-1,
of seq.) grants each municipality the power to establish zoning regulations; and
WHEREAS, pursuant to its home rule authority and the Illinois Municipal
Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston
City Code of 2012, as amended, ("the Zoning Ordinance")- and
86-0-13
WHEREAS, Horizon Group XXIII, LLC (the "Applicant"), owner of the
property located at 1611-29 Chicago Avenue, Evanston, Illinois (the "Subject Property"},
legally described in Exhibit A, which is attached hereto and incorporated herein by
reference, applied, pursuant to the provisions of the Zoning Ordinance, specifically
Section 6-3-5, "Special Uses," Section 6-3-6, 'Planned Developments," Subsection 6-
11-1-10, "Planned Developments" in Downtown Districts, and Subsection 6-11-5-3,
"Special Uses" in the D4 Downtown Transition District ("D4 District"), to permit the
construction and operation of a Planned Development and Independent Living Facility
located at the Subject Property in the D4 District; and
WHEREAS, the Applicant sought said Special Use Permits to replace its
status as a legal non -conforming use, "Retirement Hotel," and allow construction .of an
addition, approximately eighty-five feet (85') tall, with approximately two thousand six
hundred square feet (2,600 ftz) of first -floor commercial space, yielding no more than
two hundred five (205) residential units and zero (0) new on -site parking spaces; and
WHEREAS, on July 10, 2013, in compliance with the provisions of the
Illinois Open Meetings Act (5 ILCS 120/1 et seq.) and the Zoning Ordinance, the Plan
Commission and Zoning Board of Appeals ("ZBA") held a joint public hearing on the
application for Special Use Permits, case no. 13PLND-0052, heard testimony, received
other evidence, and made written minutes, findings, and recommendations; and
WHEREAS, the Plan Commission and ZBA's written findings state that
the application for the proposed Planned Development meets applicable standards set
forth for Special Uses in Subsection 6-3-5-10 of the Zoning Ordinance and Planned
Developments in the D4 District per Subsection 6-11-1-10 of the Zoning Ordinance; and
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86-0-13
WHEREAS, the Plan Commission and ZBA recommended the City
Council approve the application with conditions; and
WHEREAS, on July 22, 2013, the Planning and Development (" P&D")
Committee of the City Council held a meeting, in compliance with the provisions of the
Open Meetings Act and the Zoning Ordinance, received input from the public, carefully
considered and adopted the findings and recommendations of the Plan Commission and
ZBA, and recommended approval thereof by the City Council; and
WHEREAS, at its meetings of July 22 and August 12, 2013, held in
compliance with the Open Meetings Act and the Zoning Ordinance, the City Council
considered the recommendation of the P&D Committee and ZBA, received additional
public comment, made certain findings, and adopted said recommendation; and
WHEREAS, it is well -settled law that the legislative judgment of the City
Council must be considered presumptively valid (see Glenview State Bank v. Village of
Deerfield, 213 III.App.3d 747) and is not subject to courtroom fact-finding (see !National
Paint & Coating Assn v. City of Chicago, 45 F.3d 1124),
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: Pursuant to the terms and conditions of this ordinance, the
City Council hereby grants the Special Use Permits applied for in case no. 13PLND-
0052, to allow construction and operation as described herein.
—3—
86-0-13
SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council imposes the following conditions on the Special Use Permits granted
hereby, violation of any of which shall constitute grounds for penalties or revocation of
said Special Use Pen -nits pursuant to Subsections 64-10-5 and 6-3-10-6 of the Zoning
Ordinance:
. ....... .................................. ............... ......................... ...................
(A) Compliance with Applicable Requirements: The Applicant shall develop and
operate the Special Uses authorized by the terms of this ordinance in substantial
compliance with: the terms of this ordinance; the Site Plans in Exhibit B, attached
hereto and incorporated Therein by -reference; all applicable legislation; the
Applicant's testimony and representations to the Site Plan and Appearance
Review Committee, the Plan Commission, ZBA, the P&D Committee, and the
City Council; and the approved documents on file in this case.
(B) Parking: Pursuant to Subsection 6-16-2-1-(B)-1 of the Zoning Ordinance, the
Applicant shall license no fewer than nine (9) parking spaces, required for the
Special Use Permits authorized by this ordinance, from the City in an off-street
parking facility within one thousand feet (1000) of the Subject Property. For as
long as the Applicant operates said Special Uses, it shall maintain and keep
current said license(s), and shall comply with all terms thereof and any
amendments thereto.
(C) Recordation: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, the
Applicant shall, at its cost, record a certified copy of this ordinance, including all
exhibits attached hereto, with the Cook County Recorder of Deeds, and provide
proof of such recordation to the City, before the City may issue any permits
pursuant to the Special Use Permits authorized by the terms of this ordinance.
SECTION 4: When necessary to effectuate the terms, conditions, and
purposes of this ordinance, "Applicant" shall be read as "Applicant's agents, assigns,
and successors in interest."
SECTION 5: Except as otherwise provided for in this ordinance, all
applicable regulations of the Zoning Ordinance and the entire City Code shall apply to
the Subject Property and remain in full force and effect with respect to the use and
development of the same. To the extent that the terms and provisions of any of said
documents conflict with the terms herein, this ordinance shall govern and control.
—4—
66-0-1 3
SECTION 6: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
SECTION 7: All ordinances or parts of ordinances that are in conflict with
the terms of this ordinance are hereby repealed.
SECTION 8: If any provision of this ordinance or application thereof to
..
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 9: The findings and recitals herein are hereby declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced: 2013 Approved:
Adopted: of 2013 �. \s�`� 1. , 2013
EI' eth B. Tisdahl, Mayor
Attest: ApprovedApW. Grraant Farrar
as to ��
as to form:
Corporation
Counsel
Ro$oey Gre e, City Clerk W. Grant Farrar, Corporafi ri uurrsei ')er-Y
—5—
86-0-13
EXHIBIT A
.................................................. .
Legal Description
LOT 4 (EXCEPT THE NORTH 5 FEET THEREOF) AND ALL OF LOTS 5, 6, 7, 8 AND 9 IN BLOCK 20 IN
EVANSTON IN THE NORTHWEST '/a OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 41
NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN: 11-18-403-019-0000
COMMONLY KNOWN As: 1611-29 Chicago Avenue, Evanston, Illinois
ICJ
86-0-13
EXHIBIT B
................. ._.._......... .......... _............ .. .... _.... ...
Site Plans
Wo
\O
\\
PEPS KI
RCH ITECTB, INC.
a svro ...uia.aawvcv*a rno.
1621 -1628 CHICAGO AVE.
I 1 I_
PUBLIC ALLEY
LOT AREA:
11,159 SQ. FT.
WST. BUILDING AREA:
t7,058 SQ. FT.
:A: 33,728.10 SO. FT.
OUTD00 S Bi1RCEL0
PA710
c� 47'-V ,W-2"
1611 CHICAGO AVE.
1619 CHICAGO AVE
CHICAGO AVENUE 1
NORTH SHORE RESIDENCE ADDITION
1619 CHICAGO AVE I EVANSTON, IL
EXHIBIT 3(a)
SCHEMATIC SITE PLAN
1"=30'-0"
oV 30 �.
o
PUBLIC ALLEY $
0
(STING PARKIN � ��\
�ta\ 23SPACE
NORTH SHORE RETIREMENT HOTEL
PPROX. EXIST, BUILDING AREA:
�127,058 SQ. FT.
LOT AREA:
11,1159 SQ,, FT. "LOTAREA: 33,728.10 SQ. FT.;
1621 -1628 CHICAGO AVE.
1 � 1
ra
W-19,
1619 CHICAGO AVE.
CHICAGO AVENUE
TAPASSARCELONA
I� 1611 CHICAGO AVE.
ILZ
EXHIBIT 3(d)
OFF-STREET PARIUNG AND LOADING
YEIr'9K1 NORTH SHORE RESIDENCE ADDITION 1,=30'
F GHITEGT6, .INC, 1619 CHICAGO AVE I EVANSTON, IL 00 W 3 '' "6b t1/
-0 ae.a nrvaraa. •wtno,e. um.
--------------- ------
— PUBLIC ALLEY
EXISTING
REMMDNLUM
\ � I
\\ i
WELGN011MP
1
\ _J
I�
EXIST. RETAIL`
IST. BUILDING AREA:
15,887 SQ. FT.. b �
1621 -1628 CHICAGO AVE.
EXISTING
LOT AREA: `
11,159 SQ. FT. `
'18-0^ I, 4r-10" ,
IORE RETIREMENT HOTEL\
�FXIRT Al III T11NC:• ARFA•\
27,058 SQ. FT. \
EA; 33,728.10 SQ; FT,\
TENANT SPACE
�TAPA5 BARGEI.ONA
2,5e4 saFr.
\
4r-4^
,W-a^
�\
as -10^
1611 CHICAGO AVE.
1619CHICAGOAVE.
-
-- — --
CHICAGO AVENUE
EXHIBIT 3(g)
NORTH SHORE RESIDENCE ADDITION ONSITEwATERRETENT1oN�
Y 6 P'9 KI 1" ^ 30'
RnMITSCTs, 1rvo. 1619 CHICAGO AVE I EVANSTON, IL o� tr� an
o ae a nrrcran ..a,nrca*+- wa
------------------------------
PUBLIC ALLEY Ti
UTILITY POLE UTILITY POLE WITH
WITH LIGHT LEADS INTO GRQVND
\-�
\ � ff•.Ypf�t frAw a7r.P IDS
NORTH SHORE RETIREMENT HOTEL\
` \PROX, EXIST. B ILDING AREA.
` \E�127,058 SQ. FT.
LOT AREA: \
a� \ 11,159 SQ. FT. OT AREA: 33,728.10 SQ. F\
T.\ro
IV•0- L
4T-10'
\ XIST. RETAIL
EXIST. BUILDING AREA:
15,887 SQ. FT. b TENANTSPACE \TAPASBARCELONA
LOT AREA: 21,631.96 SQ. FT;, 2,594SOFT.
�\
U 1611 CHICAGb AVE.
1621 -1628 CHICAGO AVE. 1819 CHICAGO AVE.
FIRE HYDRANT DOUBLE STR DOUBLE i )
PARKING STORM LIGHT PARKING
METER SEWER POLE METER
WATER
EXHIBIT 3(h)
NORTH SHORE RESIDENCE ADDITION uEASEMENTS
eil SKI "=30'
v
130I t �I II
ACHIT'6C'TS, INC.. 1619 CHICAGO AVE EVANSTON IL 0 1s W. 5v
9 fofa r+nnRt wve«t.cuu, ao.
YEF.9 KI
R-CMTT i;CT5, INC.
o ao�a'..crs�" u�a�rtcrn, wo.
EAST ELEVATION
(NORTH SHORE RESIDENCE ADDITION
1619 CHICAGO AVE I EVANSTON, IL
WEST ELEVATION
EXHIBIT 1(c)1
ELEVATIONS
1�/1a" a 1.. oll
0�' 1B
L0-MECHIWICAL PARAPET At .
37
Y.E F"5 K 1
+ RC-k1iT 6CTHr tlyC.
O ]0/1 NtC�lril AIICrIRLGKr INO.
NORTH SHORE RESIDENCE ADDITION
1619 CHICAGO AVE I EVANSTON, IL
NORTH ELEVATION
EXHIBIT 1icj2
ELEVATIONS
11/1_6�" = 1�' - V'