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HomeMy WebLinkAboutORDINANCES-2019-077-O-197/15/2019 77-0-19 AN ORDINANCE Granting An Amendment to the Approved Planned Developments Located at 100 and 128-132 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, on June 26, 2018, the City approved Ordinance 61-0-18, attached hereto as Exhibit 1 and incorporated herein by reference, which granted a 77-0-19 Special Use Permit for a Planned Development (the "Planned Development') at 100 and 128-132 Chicago Avenue (the "Subject Property"), which is legally described in Exhibit 1; and WHEREAS, on June 24, 2019, the City approved Ordinance 65-0-19, attached hereto as Exhibit 2 and incorporated herein by reference, which extended the period for the applicant to obtain a building permit; and WHEREAS, Ordinance 61-0-18 approved the construction of a new five (5) story seventy-two (72) foot tall multi -family development consisting of twenty-six (26) dwelling units, approximately four thousand nine hundred ninety-nine (4,999) square feet of ground indoor floor commercial space, approximately two thousand three hundred seventy-four (2,374) square feet of commercial space on the second floor, approximately seven thousand (7,000) square feet of outdoor garden/open sales lot, and thirty (30) parking spaces at the Subject Property (the "Project'), which is detailed at length in Exhibit 1; and WHEREAS, the Developer and Applicant, Evanston Gateway, LLC (the "Applicant") requested a major adjustment by adding the number of dwelling units from twenty (26) to twenty-eight (28), where office space was originally proposed in the mixed -use building approved by Ordinance 61-0-18 and 65-0-19 (revised plans depicting this major adjustment are attached hereto as Exhibit 3); and WHEREAS, in order to approve the major adjustment requested, the Applicants request amendments to, Ordinances 61-0-18 and 65-0-19 (the "Previously Approved Ordinances"); and -2- 77-0-19 WHEREAS, the Previously Approved Ordinances are pieces of legislation enacted by the City Council of the City of Evanston, subject to revision only by said City Council; and WHEREAS, on July 22, 2019, 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 Applicants' request and voted to retain jurisdiction over said 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 WHEREAS, at its meeting of July 22, 2019, 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, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. -3- 77-0-19 SECTION 2: The City Council hereby accepts the major adjustment for the Planned Development on the Subject Properties in conformance therewith, pursuant to the Previously Approved Ordinances, as revised by this ordinance. SECTION 3: Pursuant to Subsection 6-3-6-12-(C) of the Zoning Ordinance, the City Council hereby grants the following Major Adjustment to the Planned Developments approved by the Previously Approved Ordinances: (A) To add two dwelling units, for a total of 28 dwelling units, where office space was originally proposed in the mixed -use building approved by Ordinance 61-0-18 and extended by Ordinance 65-0-19. SECTION 4: Except as otherwise provided for in this Ordinance 77-0-19, all applicable regulations of the Previously Approved Ordinances, the Zoning Ordinance, and the entire City Code shall apply to the Subject Properties 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 77-0-19 shall govern and control. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, "Applicants" shall be read as "Applicants' agents, assigns, and successors in interest." SECTION 6: The findings and recitals herein are 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. SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed. -4- 77-0-19 SECTION 8: This Ordinance 77-0-19 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: -S'`j ga , 2019 Approved: Adopted:_,7o�3 `)a , 2019 � _l � 3� , 2019 1 u Stephen H. agert , a o Attest: Approved as to form: Devon Rei�ity Clerk Michelle I Masoncup, Corporation Counsel -5- 77-0-19 EXHIBIT 1 Ordinance 61-0-18 �6� 4/19/2018 5/7/2018 5/21 /2018 61-0-18 AN ORDINANCE Granting a Special Use Permit for a Planned Development and Special Use Approval for an Open Sales Lot at 100 and 128-132 Chicago Avenue and Amending the Zoning Map to Re -Zone Certain Properties from the C1 Commercial Zoning District to the B3 Business District 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 61-0-18 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 1979, as amended, ("the Zoning Ordinance"); and WHEREAS, Evanston Gateway, LLC (the "Applicant,"), developer of the property located at 100 and 128-132 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 6-7-2 "Zoning Map", Section 6-3-4 "Amendments", Section 6-3-5, "Special Uses", Section 6-3-6, "Planned Developments", and Subsection 6-9-1-9, "Planned Developments" in Business Zoning Districts, to permit the construction and operation of a Planned Development with accessory parking located at the Subject Property in the B3 Business Zoning District ("133 District'); and WHEREAS, the Applicant sought approval to re -zone the Subject Property from the current C1 Commercial and B3 Business Zoning Districts entirely to the proposed B3 Business Zoning District; and WHEREAS, the Applicant sought approval to construct a new five (5) story seventy-two (72) foot tail multi -family development consisting of twenty-six (26) dwelling units, approximately four thousand nine hundred ninety-nine (4,999) square feet of ground indoor floor commercial space, approximately two thousand three hundred seventy-four (2,374) square feet of commercial space on the second floor, approximately seven thousand (7,000) square feet of outdoor garden/open safes lot, and thirty (30) parking spaces; and -2- 61-0-18 WHEREAS, construction of the Planned Development, as proposed in the application, requires exception from the strict application of the Zoning Ordinance with regards to number of required parking spaces, fence location, and parking setbacks from the north and west property line; and WHEREAS, pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the City Council may grant Site Development Allowances to the normal district regulations established in the Zoning Ordinance; and WHEREAS, on April 18, 2018, 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 Special Use Permit for a Planned Development with Open Sales Lot and Rezoning from C1 Zoning District to B3 Zoning District, case no. 17PLND-0112, heard extensive testimony and public comment, received other evidence, and made written minutes, findings, and recommendations; and WHEREAS, the Plan Commission'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 B3 Zoning District per Subsection 6-9-1-9 of the Zoning Ordinance and Map Amendments per Subsection 6-3-4-5; and WHEREAS, the Plan Commission recommended the City Council approve the application with conditions; and WHEREAS, on May 14, 2018, the Planning and Development ("P&D") Committee of the City Council held a meeting, in compliance with the provisions of the -3- 61-0-18 Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered and adopted the findings and recommendations of the Plan Commission with an amendment, and recommended approval thereof by the City Council; and WHEREAS, at its meetings of May 14, 2018 and May 29, 2018, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the P&D Committee, the Applicant application, 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 (1991)) and is not subject to courtroom fact-finding (see National Paint & Coating Assn v. City of Chicago, 45 F.3d 1124 (7u' Cir. 1995)), 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 facts and incorporated herein by reference. SECTION 2: The City Council hereby amends the Zoning Map to remove those properties with the addresses and PINs listed in Exhibit B and identified in Exhibit C, both attached hereto and incorporated herein by reference, from the C1 Commercial District and place them within the B3 Business District. SECTION 3: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Special Use Permit applied for in case no. 17PLND- . 44 61-0-18 0112, to allow construction and operation of the Planned Development described herein. SECTION 4: The- City Council hereby grants the following Site Development Allowances: (A) Number of Required Parking Spaces: A Site Development Allowance is hereby granted for thirty (30) parking spaces, whereas Table 16-B of the Zoning Ordinance requires a minimum of thirty-seven (37) parking spaces based on the proposed combination of uses in the B3 District. (B) Fence Location: A Site Development Allowance is hereby granted to place a fence with a zero (0) foot setback from the street side Subject Property line, whereas subsection 6-4-6-7(F)2(b)(1) of the Zoning Ordinance requires a two (2) foot setback from the street side Subject Property line in the B3 District. (C) Parking Setbacks: A Site Development Allowance is hereby granted permitting a zero (0) foot parking setback from the north and west Subject Property lines, whereas subsection 6-9-4-7 of the Zoning Ordinance requires a minimum of a five foot parking setback from the north and west Subject Property lines in the B3 District. SECTION 5: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the Special Use Permit granted hereby, which may be amended by future ordinance(s), and violation of any of which shall constitute grounds for penalties or revocation of said Special Use Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Applicable Requirements: The Applicant shall develop and operate the Planned Development authorized by the terms of this ordinance in substantial compliance with: the terms of this ordinance; the Site and Landscape Plans in Exhibits D and E, attached hereto and incorporated herein by reference; all applicable legislation; the Applicant's testimony and representations to the Design and Project Review Committee, the Plan Commission, the P&D Committee, and the City Council; and the approved documents on file in this case. (B) Construction Management Plan: The Applicant shall sign and agree to a Construction Management Plan (CMP) with the City of Evanston prior to issuance of the Building Permit. The CMP shall include but is not limited to the following: construction phasing/staging plans; construction hours; site access including traffic and pedestrian safety plans; contractor parking; damage control -5- and vibration monitoring; construction exhibits; project communication and signage. (C) Metal Fence: The Applicant must provide to the City the metal fence detail for the six (6) foot tall metal fence surrounding the garden yard/open sales area on the Subject Property indicating the fence material, finish, and design to the Design and Project Review (DAPR) Committee prior to issuance of building permit. (D) Landscaping: Applicant must install and maintain the landscaping improvements as depicted in Exhibit E. (E) Street Improvements: The Applicant must install all improvements to the streets, including grinding of existing pavement markings, restriping, and asphalt patching at new water/sewer services within the Howard Street and Chicago Avenue Right of Ways. (F) Sidewalk Replacement: The Applicant must replace all sidewalks adjacent to the Subject Property along the full length of the property on both Howard Street and Chicago Avenue. (G) METRA Embankment Improvements: The Applicant agrees to continue working with METRA and/or Union Pacific Railroad regarding obtaining written permission for the installation and maintenance of landscaped embankment improvements adjacent to the Subject Property for the life of the development. (H) Color Accents: The Applicant agrees to incorporate color accents on all facades, as incorporated in the Development Plans, as revised pursuant to recommendation from the Design and Project Review (DAPR) Committee. (1) Harm Mitigation for Birds: The Applicant will implement the following strategies to improve and incorporate bird friendly measures: a. Install low reflective glass windows; b. Install metal balcony railings rather than glass doors and balconies; C. Minimize any external lighting from 12:00 a.m. until dawn during Spring and Fall bird migration; and d. Avoid guy wires and roof lighting that pose a bird hazard. (J) Affordable Housing Units: The Applicant shall provide five (5) units of on -site affordable housing for the following twenty-five (25) years in accordance with the approved equivalent alternative inclusionary housing proposal. The affordable units shall be affordable to households earning no more than the following area median income (AMI): three (3) 1-bedroom units must be affordable at eighty percent (80%) AMI and two (2) 2-bedroom units must be affordable at eighty percent (80%) AMI. —6— 61-0-18 (K) Changes in Building Use: Any material changes in the use of the building on the Subject Property must be approved as an amendment to this Planned Development in accordance with Subsection 6-3-6-12 of the Zoning Ordinance. (L) 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 Planned Development authorized by the terms of this ordinance. SECTION 6: When necessary to effectuate the terms, conditions, and purposes of this ordinance, "Applicant" shall be read as "Applicant's tenants, agents, assigns, and successors in interest." SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: 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. SECTION 9: All ordinances or parts of ordinances that are in conflict with the terms of this ordinance are hereby repealed. SECTION 10: 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. w7— 61-0-18 SECTION 11: 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: c�1a i , 2018 Adopted: M o,v 2.q , 2018 Attest: Devon Reid, City Clerk Approved: W A�- , 2018 ,/�-t r- _ Stephe H. Ha4rty, a r Approved as to form: ft"W1, e, Uvw Michelle L. Masonfup, Interim Corporation Counsel 4- 61-0-18 EXHIBIT A Legal Description PARCEL 1: THAT PART LYING WEST OF THE WEST LINE OF CHICAGO AVENUE (NOW CLARK STREET) AND EAST OF THE EAST LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY (FORMERLY CHICAGO AND MILWAUKEE RAILROAD COMPANY) OF THE SOUTH 6.25 CHAINS OF THE NORTHEAST 1/4 SECTION 30, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND NORTH OF A LINE 150.00 FEET NORTH OF AND PARALLEL TO THE NORTH LINE OF HOWARD STREET, MEASURED ALONG THE WEST LINE OF CHICAGO AVENUE, IN COOK COUNTY, ILLINOIS. PARCEL 2: THE NORTH 50 FEET OF THE SOUTH 150 FEET OF THAT PART OF THE SOUTH 6.25 CHAINS, LYING WEST OF THE WEST LINE OF CHICAGO AVENUE, EAST OF THE EAST LINE OF CHICAGO AND NORTHWESTERN RAILROAD AND NORTH OF THE NORTH LINE OF HOWARD STREET OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE SOUTH 8.25 CHAINS OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD MERIDIAN, DESCRIBED AS COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF HOWARD STREET, WITH THE EAST LINE OF THE RIGHT-OF-WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD RUNNING; THENCE EAST ALONG THE NORTH LINE OF HOWARD STREET TO ITS INTERSECTION WITH THE WEST LINE OF NORTH CLARK STREET (FORMERLY CHICAGO AVENUE); THENCE NORTHERLY ALONG THE WEST LINE OF SAID NORTH CLARK STREET 100 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF HOWARD AVENUE TO THE EAST LINE OF THE RIGHT-OF-WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY, MORE OR LESS TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PINs: 11-30-212-004-0000 11-30-212-005-0000 11-30-212-006-0000 11-30-212-007-0000 11-30-212-008-0000 COMMONLY KNOWN As: 100 and 128-132 Chicago Avenue, Evanston, IL (approx. 25,412 sq. ft.) —9— 61-0-18 EXHIBIT B Addresses and PINs of Properties Removed from the C1 Commercial District and Placed Within the B3 Business District Commonly Known As: 128-132 Chicago Avenue, Evanston, IL PINs: 11-30-212-004-0000 11-30-212-005-0000 11-30-212-006-0000 -10- 61-0-18 EXHIBIT C Map of Properties Removed from the C1 Commercial District and Placed Within the B3 Business District -11- Properties Removed from the C1 Commercial District and Placed Within the B3 Business District 141 ­3 17 t . . ....... .. ..... 4,g % S- vl� ;.41 I I '-A NI: ........... . III IIIIIIIII 1:1,000 n 00075 n Ail; 003 ml drawGraph ic: $_poly Zoning Overlay Districts 13 oRD - Redevelopment Overlay Ridge User drawn polygons oCSC - Central Street Corridor 3 0 oWE- West Evanston Overlay a " Lakeshore 0 0.0125 0.025 0.05 km Zoning Boundaries & Labels 3 oOM - Dempster -Main Overlay Federal Historic Districts Oakton -3 off - Hospital Overlay Northeast copynom 2018 city at Evanson This map is not a plat at survey. This map is pfoviaild 'as iC wivioui warranias of any kind. See w-~Cgyofqvanstrn gfisd­els hterif for More intorMillion, 61-0-18 EXHIBIT D Development Plans -12-- k4 p A IN Nr'O DEI V E L C."P M, j E Ni T A P TDL 1 C A /00 ( lo'llile., 1."(wlisloll, //. UNA kb CTA YELLOW LINE ti .,, owl , ., x woo p4l i woo �Vkilo kid rl P. _ %� F'� `*'s •'v, '_ � '��"'Ra � .._. �., r:.tu£LiuiUlXr;Y EVAt4STONGATEtNA{ .> ... a.•.. s �: .:. Iii� n ZSMAys IRE f P�RK. 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I.-----=}ly--- a i � EXISTINGPIlJiTEO = EXIfSi'IG PUt'IT£D E REd ; ; SERIA EVANSTON GATEWAY, U.0 1 100 CHICAGO AVENUE h 27. 20IS _. 0 IT 2IT 40' fir CHCAGOAVENU E ♦.sa.. �i..f .w...•ic.f LOADING AREA APARTMENT ENTRANCE VESTIBULE --- PLANT f ¢RETAL,YARD r w YlATER RETAL r ENTRY' EN!IRY SERVUI iENMY.= r STAIR d PWP ", opAGIE TT SW f r., c—' _ z i f REK AL SOFFIT ASOVE = mKE r stf FIL NT f r YAR6 OULOOOR STORAM � ELECTRICAL BUILDING f REtMMNG1YALL ROOM STORAGE13 , AIR 1� L — — — — — — — -- -- — _ _ — -- , _ SID-EV44K FOR EGRESS 6' HGN METAL FENCE BIKE PARKING CITY GRANGE 4.999 Sf (j APARTMENTENTRY 420SF COREjSTORAGE 2,262 SF LEVEL 01 707AL AREA: 7.681 GSF EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE 7;17.03 i _•Ipf-il 11. 01 0 t' 8' 16' 32' Zl MAIR Z i g CUTS UNIT 5 6RN7 i- ;> UNIT i, T-L' t TRASH CORRIDOR STAIRI; EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE J J -41 J J ._.. CITY GRANGE Z374 SF UNIT I • 1 BED! i BATN 765 SF UNIT •2BED 12BATH 1,125SF r_ UNIT 3-2BED 12BATH 1,476SF UNIT 4-IBED lIBATH 732SF i UNIT 5- I BED i i BATH 741 SF COVERED BALCONIES sit SF CORRIDOR SIDSF CDRE 516 SF LEVEL 07 TOTAL AREA: B°3tS2 GSF 0 C E" i6' 3T ----1- -- - NTAIR 2 Sji LwUNIT x1l" '� t 4 i1J1TA tRAstl i F <+:�fi•. ,-�;c;� P f •`•� ir-ST ru CORRIDOR i-f1 = UNITE- IBEDilBATH 765SF UNIT -ZOED12BATH 1,125SF UNIT 3-2BED 12BATH 1,076SF UNIT -1 BED II BATH 73ZSf UNITS - i BED I1 BATH 741 SF UNIT S-2BED 12BATH 1,034SF UNIT I-ZBED/ 2BATH 1.MSF rr COVERED BALCONIES 661SF CORRIDOR 479SF CORE 523 SF LEVEL OS•65- TYP AREA SM2 GSF EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE `,-17.03 1 J1arch28.2018 leve/A7417, rtPi(•rrl .__..... ..... 0 4' 6' 167 32' f� S3 STAIRZB. M'",.,.,. .....a tt 6a-.. -5 4• fif �: t�tEEHR00F. , ;,,,,,, ,,,,,,,N C7dEOtR00F j r RAiIJIXT fit (4: 4k +rS w tr «� • �> C„ E s t� EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE E ROOFOECK 1,733SF rj GREEN ROOF 2,562 SF CORE, VESTIBULE 709GSF TOTAEROOFAREA OPEN TO SKY: 7X4 GSF 17.0.11rrrelr 8. 2018 ruin 0 4' T IF 32' VIEW LOOKING WEST AT HOWARO/CHICAGO INTERSECTION EVANSTON GATEWAY, LLC 1100 CHICAGO AVENUE 17.U.3 pri/ ll, 2018 teirrk-rilig- aI1,ru1/ josv ern, < <1. r Nto COMPOSITE PANELS w.� EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE Aprilll.2018 i ft1Yf'r'rUi' c/ovel/rrr/r - Sf)lllh ' Yil00D staitia � �-a >...x; °,_ • z�';' �> .. ,ems,,- nn,,,..,., �,��uo m,�innmmun,iuu;nnnm^^�r���•�,,,�_'�ddUhwurvwuwdwp,ifrfm���on�� CDMPOS PERFORATED METAL SgiEEN$ VINYLWINo0ylj5 STEELGUAADRAILS— fRETAILENTRANCE HOWARD ST. SIDEWALK ALUMINUM STOREFRONT --/ WINDOWS APARTMENT ENTRANCE BUILDING RETAIL AND PLANT YARD ENTRANCE PLANTYARD l . ................... �'�iwuu�nniwv nmini j i.lu p,i nunnnnmm�w dr„nip EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE =,-17.0.3 -1pr l 1I. 018 1 J J J ..,,„�.___.....-_ �.4 ttrl!'Yitlt'r'1��+�rttir,rt - (,rr.tt CHICAGO AVE 'i. RETAILENTRANCI 11 SIDEWALK BUILDING GLASS AND ALUMINUM OVERHEAD SECTIONAL DOOR METRA EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE ':'r7.0,► 1pril ll. 201 01-cleYtliou 11U1'/h _........_.._._.......m.._..._._....... _... ..........._ PLANT YARD vaK ''COMPOSMPANdS, L MASON" BUILDING A. 1, 1 SIDEWALK HOWARD ST. EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE Aprilll.21118 Tir)/, Cktwtioll - wrv/ Project Name: Evanston Gateway Based on 2017 City of Evanston B1-B3 Regulations Project Location. 100 North Chicago Avenue, Evanston. IL Lot Area: 25,406 Project Number. 17.030 Total FAR 3.00 fate: Apr. 11, 2018 Included in FAR Building GSF Total Leasable Residential Enclosed Total Leasable Enclosed Area Units Balconies Residential Corridors Retailloffice M 28 2Bl 1B > 18j 2Bj � 2B1 t Total 1BA; 2BA 2BA 18A 1BAJ 2BA! 2BA4 GSF nO nsf nsf nsf nsfg nsf: nsfj GSF GSF GSF; GSF -1" 7- 3- „4- ,7 w6., "7" i W penthouse 709 _ ---------- - _ _ 82 05 residential 8,382 765 1,125 1,076 732 741 1,034 1,238 669 7,380 479 04 residential 8,382 765 1,125 1,0T6 732 741 1,034 1,238 669 7,380 _._ _._..._ _ ._..._ _ _ . 479 ---- ----- ----------- 03 residential . _ .. _. _._.._ .. 8,382 __.. 765 1,125 .... 1,076 _. _...... 732 ..__ . 741 .. _..- ...__..... 1,034 1,238 _.. 669 7,300 479 02 residential 8,382 765 1,125 1,076 732 741 0 0 511 4,960 540 2,374 WW4,999 01 ground floor 7,681 345 Subtotals 41,918 4 4 4 4 4 3 _ 3 2,518 27,090 2,404 7,373 EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE t ff`' : l�rrll 1 !, 20E8 ' .. __�lr-rlr �•lrlr•rr/Ertiurr JJ 'AJ ..... _. .... _...-._. _..._._ _._. _ ...... - ....,._. _.... _ ... Not Included in FAR Summary Mach. elec, Storage Stairs, elev, and Loading Bike Parking data, water Trash + BOH shafts Subtotal Total attributable GSF GSF' GSF GSF GSF, GSF SUBTOTAL: GSF to FAR Fir. NON -FAR penthouse 627 82 0 Antli-u-slt 05 residential 45 17 461 523 8.382 7,859 06 residential 04 residential —.4.6 . ....... . 1117. 461 523 8,382 7,859 04 residential 03 residential 45 17 461 523 8,382 7,859 03 residential"- 02 residential 45 17 456 SIB 8,382 7,864 02 residential 01 ground floor 172 589 301 962 --962 313 2,337 7,681 5,344 01 ground floor Subtotals, ti 172 964 369 2,594 5,051 41,918 - - --------- - -- --' . .. ..... .. 36,867 .............. Subtotals TOTAL GSO'—^ +­---41-,918 FAR 3.00 allowable FAR area 76,220 proposed FAR area 36,867 proposed FAR 1,45 EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE Alwilli.2 /8 .J1 J j L 1117W t'(1h.11b111,011 AromI.3 EXHIBIT E Landscape Plans —13— LCFA PALMM MOW. ........ .. AWKILTFOVEMM wEw 3tw MCIEPANAme amme 9IRMTPAFKM =Tmmmm ftow vunva7mTRTf UIJWOAPAA cow_ ? »«� _,.....:r�y,: �fRSl� . ..,..:...:._ �.,<.....T�..":_ .,x.--r,.w--.� _ ... -"7 WHOM MC MEMFBICE myr C tv 6~.n ja fammma"MT: 27" OAWA AIPWV�TAM AARIKTOA1ilEAND g comemimLay .4r u, PAIR CTM Bff"cL":ma Pm" it is IS; $411st M 11 1 111 a I]* ZIA : 1 u bi am "nom an VEMPUM LMAM�Eft 9F PLAWMIM EM.". pow: OMIT" COM-11ILL BMMUEMMW=M cmam a "Offrpwwwm ULM= RXIFTM PLAN= DMIMPI-wMeaw EVANSTON GATEWAY. LLC 1 100 CHICAGO AVENUE rlulZ03 1 Jfarch 27,2018 Mlandscape playa I lo v 49 ir 77-0-19 EXHIBIT 2 Ordinance 65-0-19 6/17/2019 65-0-19 AN ORDINANCE Extending the Time for the Applicant to Obtain a Building Permit to Construct the Planned Development at 100 and 128-132 Chicago Avenue Authorized by Ordinance 61-0-18 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 legislation and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; 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, on June 26, 2018, the City approved Ordinance 61-0-18, attached hereto as Exhibit 1 and incorporated herein by reference, which granted a Special Use Permit for a Planned Development (the "Planned Development") at 100 and 128-132 Chicago Avenue (the "Subject Property"), which is legally described in Exhibit 1; and 65-0-19 WHEREAS, Ordinance 61-0-18 approved the construction of a new five (5) story seventy-two (72) foot tall multi -family development consisting of twenty-six (26) dwelling units, approximately four thousand nine hundred ninety-nine (4,999) square feet of ground indoor floor commercial space, approximately two thousand three hundred seventy-four (2,374) square feet of commercial space on the second floor, approximately seven thousand (7,000) square feet of outdoor garden/open sales lot, and thirty (30) parking spaces at the Subject Property (the "Project"), which is detailed at length in Exhibit 1; and WHEREAS, City Council amended the Zoning Map to remove those properties with the addresses and PINs listed in Exhibit B and identified in Exhibit C of Ordinance 61-0-18, both attached hereto and incorporated herein by reference, from the C1 Commercial District and place them within the B3 Business District; and WHEREAS, by letter to the City dated June 16, 2019, the Developer and Applicant, Evanston Gateway, LLC (the "Applicant") requested an extension of the one- year time period to obtain a building permit and start construction for the Planned Development (the "Amendment"); and WHEREAS, Section 6-10-1-9(A)(4) of the City Code provides that the Applicant must obtain a building permit and start construction within one year of approval of the planned development and the Applicant has not obtained a building permit to date; and WHEREAS, in order to remain in compliance with the terms of Ordinance 61-0-18 and provide for Applicant to obtain a building permit and start construction, the Applicant requests an amendment to the Planned Development; and -2- 65-0-19 WHEREAS, on June 24, 2019, 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 retained jurisdiction over the Planned Development Amendment request; and WHEREAS, during said meetings, the P&D Committee received input from the public, and carefully deliberated on the Extension request and the Applicant was given notice and the opportunity to be heard at the P&D and City Council meetings; and WHEREAS, at its meetings of June 24, 2018 and July 8, 2019 held in compliance with the provisions of the Illinois Open Meetings Act, the City Council considered the P&D Committee's deliberations and recommendations, heard public comment, made findings and considered this Ordinance 65-0-19, 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 an amendment to the Special Use Permit previously authorized by Ordinance 61-0-18 to allow for the construction and operation of the Planned Development described herein. SECTION 3: Section 6-10-1-9(A)(4) of the City Code applies to the extension granted by this ordinance. This extension expires one (1) year from the date of adoption. —3~ 65-0-19 SECTION 4: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the Special Use Permit granted for the Planned Development, may be amended by future ordinance(s), and violation of any of which shall constitute grounds for penalties or revocation of said Special Use Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Applicable Requirements: The Applicant shall develop and operate the Planned Development authorized by the terms of this ordinance in substantial compliance with: the terms of this ordinance; the Site and Landscape Plans in Exhibits D and E, attached hereto and incorporated herein by reference; all applicable legislation; the Applicant's testimony and representations to the Design and Project Review Committee, the Plan Commission, the P&D Committee, and the City Council; and the approved documents on file in this case. (B) Construction Management Plan: The Applicant shall sign and agree to a Construction Management Plan (CMP) with the City of Evanston prior to issuance of the Building Permit. The CMP shall include but is not limited to the following: construction phasing/staging plans; construction hours; site access including traffic and pedestrian safety plans; contractor parking; damage control and vibration monitoring; construction exhibits; project communication and signage. (C) Metal Fence: The Applicant must provide to the City the metal fence detail for the six (6) foot tall metal fence surrounding the garden yard/open sales area on the Subject Property indicating the fence material, finish, and design to the Design and Project Review (DAPR) Committee prior to issuance of building permit. (D) Landscaping: Applicant must install and maintain the landscaping improvements as depicted in Exhibit E. (E) Street Improvements: The Applicant must install all improvements to the streets, including grinding of existing pavement markings, restriping, and asphalt patching at new water/sewer services within the Howard Street and Chicago Avenue Right of Ways. (F) Sidewalk Replacement: The Applicant must replace all sidewalks adjacent to the Subject Property along the full length of the property on both Howard Street and Chicago Avenue. (G) METRA Embankment Improvements: The Applicant agrees to continue working with METRA and/or Union Pacific Railroad regarding obtaining, written permission for the installation and maintenance of landscaped embankment -4- 65-0-19 improvements adjacent to the Subject Property for the life of the development. (H) Color Accents: The Applicant agrees to incorporate color accents on all facades, as incorporated in the Development Plans, as revised pursuant to recommendation from the Design and Project Review (DAPR) Committee. (1) Harm Mitigation for Birds: The Applicant will implement the following strategies to improve and incorporate bird friendly measures: a. Install low reflective glass windows; b. Install metal balcony railings rather than glass doors and balconies; C. Minimize any external lighting from 12:00 a.m. until dawn during Spring and Fall bird migration; and d. Avoid guy wires and roof lighting that pose a bird hazard. (J) Affordable Housing Units: The Applicant shall provide five (5) units of on -site affordable housing for the following twenty-five (25) years in accordance with the approved equivalent alternative inclusionary housing proposal. The affordable units shall be affordable to households earning no more than the following area median income (AMI): three (3) 1-bedroom units must be affordable at eighty percent (80%) AMI and two (2) 2-bedroom units must be affordable at eighty percent (80%) AMI. (K) Changes in Building Use: Any material changes in the use of the building on the Subject Property must be approved as an amendment to this Planned Development in accordance with Subsection 6-3-6-12 of the Zoning Ordinance. (L) 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 Planned Development authorized by the terms of this ordinance. SECTION 5: Except as otherwise provided for in this Ordinance 65-0-19, all applicable regulations of the Ordinance 61-0-18, 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 65-0-19 shall govern and control. SECTION 6: When necessary to effectuate the terms, conditions, and —5— 65-0-19 purposes of this ordinance, "Applicant' shall be read as "Applicant and its agents, assigns, and successors in interest and shall mean Evanston Gateway, LLC, and any and all successors, owners, and operators of the Subject Property. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: 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. SECTION 9: All ordinances or parts of ordinances that are in conflict with the terms of this ordinance are hereby repealed. SECTION 10: 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 11: 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. —6— Introduced: , 2019 Approved: Adopted: , 2019 Stephen H. Hagerty, Mayor Attest: Approved as to form: Devon Reid, City Clerk Michelle L. Masoncup, Corporation Counsel —7— 65-0-19 , 2019 65-0-19 -�ff:If--1Yti ORDINANCE 61-0-18 :1:m 4/19/2018 5/7/2018 5/21/2018 61-0-18 AN ORDINANCE Granting a Special Use Permit for a Planned Development and Special Use Approval for an Open Sales Lot at 100 and 128-132 Chicago Avenue and Amending the Zoning Map to Re -Zone Certain Properties from the C1 Commercial Zoning District to the 83 Business District 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 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and 61-0-18 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 1979, as amended, ("the Zoning Ordinance"); and WHEREAS, Evanston Gateway, LLC (the "Applicant,"), developer of the property located at 100 and 128-132 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 6-7-2 "Zoning Map", Section 6-3-4 "Amendments", Section 6-3-5, "Special Uses", Section 6-3-6, "Planned Developments", and Subsection 6-9-1-9, "Planned Developments" in Business Zoning Districts, to permit the construction and operation of a Planned Development with accessory parking located at the Subject Property in the B3 Business Zoning District ("133 District'); and WHEREAS, the Applicant sought approval to re -zone the Subject Property from the current C1 Commercial and 133 Business Zoning Districts entirely to the proposed B3 Business Zoning District; and WHEREAS, the Applicant sought approval to construct a new five (5) story seventy-two (72) foot tail multi -family development consisting of twenty-six (26) dwelling units, approximately four thousand nine hundred ninety-nine (4,999) square feet of ground indoor floor commercial space, approximately two thousand three hundred seventy-four (2,374) square feet of commercial space on the second floor, approximately seven thousand (7,000) square feet of outdoor garden/open sales lot, and thirty (30) parking spaces; and -2- 61-0-18 WHEREAS, construction of the Planned Development, as proposed in the application, requires exception from the strict application of the Zoning Ordinance with regards to number of required parking spaces, fence location, and parking setbacks from the north and west property line; and WHEREAS, pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the City Council may grant Site Development Allowances to the normal district regulations established in the Zoning Ordinance; and WHEREAS, on April 18, 2018, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 12011 et seq.) and the Zoning Ordinance, the Plan Commission held a public hearing on the application for a Special Use Permit for a Planned Development with Open Sales Lot and Rezoning from C1 Zoning District to B3 Zoning District, case no. 17PLND-0112, heard extensive testimony and public comment, received other evidence, and made written minutes, findings, and recommendations; and WHEREAS, the Plan Commission'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 B3 Zoning District per Subsection 6-9-1-9 of the Zoning Ordinance and Map Amendments per Subsection 6-3-4-5; and WHEREAS, the Plan Commission recommended the City Council approve the application with conditions; and WHEREAS, on May 14, 2018, the Planning and Development ("P&D") Committee of the City Council held a meeting, in compliance with the provisions of the ^ 3- 61-0-18 Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered and adopted the findings and recommendations of the Plan Commission with an amendment, and recommended approval thereof by the City Council; and WHEREAS, at its meetings of May 14, 2018 and May 29, 2018, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the P&D Committee, the Applicant application, 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 (1991)) and is not subject to courtroom fact-finding (see National Paint & Coating Assn v. City of Chicago, 45 F.3d 1124 (7"' Cir. 1995)), 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 facts and incorporated herein by reference. SECTION 2: The City Council hereby amends the Zoning Map to remove those properties with the addresses and PINs listed in Exhibit B and identified in Exhibit C, both attached hereto and incorporated herein by reference, from the C1 Commercial District and place them within the B3 Business District. SECTION 3: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Special Use Permit applied for in case no. 17PLND- -4— 61-0-18 0112, to allow construction and operation of the Planned Development described herein. SECTION 4: The City Council hereby grants the following Site Development Allowances: (A) Number of Required Parking Spaces: A Site Development Allowance is hereby granted for thirty (30) parking spaces, whereas Table 16-B of the Zoning Ordinance requires a minimum of thirty-seven (37) parking spaces based on the proposed combination of uses in the B3 District. (B) Fence Location: A Site Development Allowance is hereby granted to place a fence with a zero (0) foot setback from the street side Subject Property line, whereas subsection 6-4-6-7(F)2(b)(1) of the Zoning Ordinance requires a two (2) foot setback from the street side Subject Property line in the B3 District. (C) Parking Setbacks: A Site Development Allowance is hereby granted permitting a zero (0) foot parking setback from the north and west Subject Property lines, whereas subsection 6-9-4-7 of the Zoning Ordinance requires a minimum of a five foot parking setback from the north and west Subject Property lines in the B3 District. SECTION 5: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the Special Use Permit granted hereby, which may be amended by future ordinance(s), and violation of any of which shall constitute grounds for penalties or revocation of said Special Use Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Applicable Requirements: The Applicant shall develop and operate the Planned Development authorized by the terms of this ordinance in substantial compliance with: the terms of this ordinance; the Site and Landscape Plans in Exhibits D and E, attached hereto and incorporated herein by reference; all applicable legislation; the Applicant's testimony and representations to the Design and Project Review Committee, the Plan Commission, the P&D Committee, and the City Council; and the approved documents on file in this case. (B) Construction Management Plan: The Applicant shall sign and agree to a Construction Management Plan (CMP) with the City of Evanston prior to issuance of the Building Permit. The CMP shall include but is not limited to the following: construction phasing/staging plans; construction hours; site access including traffic and pedestrian safety plans; contractor parking; damage control -5- a. O and vibration monitoring; construction exhibits; project communication and signage. (C) Metal Fence: The Applicant must provide to the City the metal fence detail for the six (6) foot tall metal fence surrounding the garden yard/open sales area on the Subject Property indicating the fence material, finish, and design to the Design and Project Review (DAPR) Committee prior to issuance of building permit. (D) Landscaping: Applicant must install and maintain the landscaping improvements as depicted in Exhibit E. (E) Street Improvements: The Applicant must install all improvements to the streets, including grinding of existing pavement markings, restriping, and asphalt patching at new water/sewer services within the Howard Street and Chicago Avenue Right of Ways. (F) Sidewalk Replacement: The Applicant must replace all sidewalks adjacent to the Subject Property along the full length of the property on both Howard Street and Chicago Avenue. (G) METRA Embankment Improvements: The Applicant agrees to continue working with METRA and/or Union Pacific Railroad regarding obtaining written permission for the installation and maintenance of landscaped embankment improvements adjacent to the Subject Property for the life of the development. (H) Color Accents: The Applicant agrees to incorporate color accents on all facades, as incorporated in the Development Plans, as revised pursuant to recommendation from the Design and Project Review (DAPR) Committee. (1) Harm Mitigation for Birds: The Applicant will implement the following strategies to improve and incorporate bird friendly measures: a. Install low reflective glass windows; b. Install metal balcony railings rather than glass doors and balconies; C. Minimize any external lighting from 12:00 a.m. until dawn during Spring and Fall bird migration; and d. Avoid guy wires and roof lighting that pose a bird hazard. (J) Affordable Housing Units: The Applicant shall provide five (5) units of on -site affordable housing for the following twenty-five (25) years in accordance with the approved equivalent alternative inclusionary housing proposal. The affordable units shall be affordable to households earning no more than the following area median income (AMI): three (3) 1-bedroom units must be affordable at eighty percent (80%) AMI and two (2) 2-bedroom units must be affordable at eighty percent (80%) AMI. 1.6- 61-0-18 (K) Changes in Building Use: Any material changes in the use of the building on the Subject Property must be approved as an amendment to this Planned Development in accordance with Subsection 6-3-6-12 of the Zoning Ordinance. (L) 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 Planned Development authorized by the terms of this ordinance. SECTION 6: When necessary to effectuate the terms, conditions, and purposes of this ordinance, "Applicant" shall be read as "Applicant's tenants, agents, assigns, and successors in interest." SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: 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. SECTION 9: All ordinances or parts of ordinances that are in conflict with the terms of this ordinance are hereby repealed. SECTION 10: 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. —7— 61-0-18 SECTION 11: 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: Mwe H , 2018 Adopted: M o.v ,2 9 , 2018 Attest: Devon Reid, City Clerk Approved: 2018 Ste AHH6r4tya 4r, Approved as to form: %UAL&I 6 ?%IN "k Michelle L. Mason up, Interim Corporation Counsel 61-0-18 EXHIBIT A Legal Description PARCELI: THAT PART LYING WEST OF THE WEST LINE OF CHICAGO AVENUE (NOW CLARK STREET) AND EAST OF THE EAST LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY (FORMERLY CHICAGO AND MILWAUKEE RAILROAD COMPANY) OF THE SOUTH 6.25 CHAINS OF THE NORTHEAST 1/4 SECTION 30, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND NORTH OF A LINE 150.00 FEET NORTH OF AND PARALLEL TO THE NORTH LINE OF HOWARD STREET, MEASURED ALONG THE WEST LINE OF CHICAGO AVENUE, IN COOK COUNTY, ILLINOIS. PARCEL 2: THE NORTH 50 FEET OF THE SOUTH 150 FEET OF THAT PART OF THE SOUTH 6.25 CHAINS, LYING WEST OF THE WEST LINE OF CHICAGO AVENUE, EAST OF THE EAST UNE OF CHICAGO AND NORTHWESTERN RAILROAD AND NORTH OF THE NORTH LINE OF HOWARD STREET OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE SOUTH 8.25 CHAINS OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD MERIDIAN, DESCRIBED AS COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF HOWARD STREET, WITH THE EAST LINE OF THE RIGHT-OF-WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD RUNNING; THENCE EAST ALONG THE NORTH LINE OF HOWARD STREET TO ITS INTERSECTION WITH THE WEST LINE OF NORTH CLARK STREET (FORMERLY CHICAGO AVENUE); THENCE NORTHERLY ALONG THE WEST LINE OF SAID NORTH CLARK STREET 100 FEET; THENCE WEST PARALLEL TO THE NORTH LINE OF HOWARD AVENUE TO THE EAST LINE OF THE RIGHT-OF-WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD; THENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY, MORE OR LESS TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PINs: 11-30-212-004-0000 11-30-212-005-0000 11-30-212-006-0000 11-30-212-007-0000 11-30-212-008-0000 COMMONLY KNOWN As: 100 and 128-132 Chicago Avenue, Evanston, IL (approx. 25,412 sq. ft.) —9— 61-0-18 EXHIBIT B Addresses and PINs of Properties Removed from the C1 Commercial District and Placed Within the B3 Business District Commonly Known As: 128-132 Chicago Avenue, Evanston, IL PINs: 11-30-212-004-0000 11-30-212-005-0000 11-30-212-006-0000 MIQ 61-0-18 EXHIBIT C Map of Properties Removed from the C1 Commercial District and Placed Within the B3 Business District -11- Properties Removed from the C1 Commercial District and Placed Within the B3 Business District IN z .r f•. ., In Cl 133 \7 18 S {e.. w� -44 , ui <= . J .. . .::��:: ='�;.. May 3, 2018 drawGraphics_poly ,`•v user drawn polygons QZoning Boundaries & Labels " 1:1,000 0 0 D075 0 015 0 03 rW Zoning Overlay Districts a oRD - Redevelopment Overlay Ridge oCSC - Central Street Corridor oWE- West Evanston Overlay .R Lakeshore 0 0.0125 0.025 0.05 km o0M - Dempster -Main Overay Federal Historic Districts Clairton •*� off -Hospital Overlay Nanheast y ar Copyright 2018 City of Evanslon This map is riot a plat of survey. This map is provided -as is' *I warranties of any kind. See w--cavclevanstcn ora•maad,sda:mers fI for more information. 61-0-18 EXHIBIT D Development Plans Fil/l/n. home, o/ ("IN ("L, - -al-dol alldh ce Mv; A" 'ro Iri'�7',-) PE S P E C AL U S A /00 ( k'vellisloll, //, 1 ' '# " ".',; WV" ffi C^TA £ti .... Q�! Lit< r YELL:.., s� � �� �s K g a s 4 k. tyl�r,u,'n^�nrearYnf-1kL9'�' nl her '1. SiM1 S �Aw+ tmall t r«, P,- STAT]Ch ti+r` y t EVAN5TOMATEVJAY *�° ,� t ', •...,E s ,;�� .'�"�'� ��• °s "= �P�OJECi S1TE�' ��, "�'"'^,'�,, � '�r-"`!� '�: i g � � ° ���i'" , , .� t .. -=y.'_Hrp=•� �i . ��`..�� r� �� "``= s�,,,�`"" r - �` �``�'� ai�'� �'i`� � _ � : � 1 ,ate. ». . '�`,'� tli1409 ,r 1 <� w a ,1 Aw ILb! 4 OWA 5 OR 1 �,� ._..._ !^5L4"Y F.E41Ga11T;.:6 Wltll � �,,, � n, a • "�" GR0uNoFI,aIN5 11k {�y�' �`t� "� C�"�'�, � �`°'^� - �AiEW1'tCENi�Euc:,�«?SNDGPi.]i„+p'�^`••�'� � d, ._ £�+4i3i?iDR3:ELi y ate .tom 1 .n x ,. i ✓ - .___ _ ,4 µ,(,by -r� "•WA rH7, .n,: ��, V .,4„_ --w.: tZ AERIAL VIEW OF SITE AND SUMOUNDINO CONTEXT EVANSTON GATEWAY. LLC 1 100 CHICAGO AVENUE llarchA.201S . . ..... ...... PARKING LOT :' & ca oj�; ti f tam 4 CTA RAIL YARD -- Ow,f o 9ifii07t } m . 3 : + , STREET PARKING CLARK STREET -! .i� .., 8 <I i9 ILOADNGAREA. EXISTING EXISTING 5't8tgi2Q121�122 5'20^27 +2e7 ;>a < CEL2 PARCELS { START )ti E ASPHALT ' g' PARCEL 1 v — : �' ° j , EXISTING PARK (ttid IS 1413 12 it iC{8 3 7 6ES � 1 2 7 q€ R 1$ - ._,i fa' s PROPERTY URE MAT $liSk - TOTAL LOT AREA: 25.486 Sf Et B t7 r '`ATt_"^a«...i=o +�-n.-+�''•aw; �y--�p��......µ�..,,,#_.-,r.,.a•.�r-.>_.._.._.:;. +h; p •.«+.,-.e--4'f..^� y�,.-..�-.ar-+.x3'!.t—.+..•'q♦��t :4.+.rv1'.t +'y+ �t-'Y1, ^'!r•_wq�� •»� eM�->cii--.•: _ a,,.y+4r1 .r.._--.i:,4.:-fbr '.w+...c. ,v..��s--+-` '#.. ..+,:tiG•,I S-�+-r-c .R' � �i.#- <*.+e=1<:.siw+r.3i-.Z.s..ke..«i.ii..a.n.uns..b:.d-.�•}.rvda+w�+'-�t1-::d,:ws, a+�++-ii EX15TlNG fAETRAiRACI(S .. 04CAW SNORTN'NESTERN RAILROAD ��-.�; '"i.: I,,� .':_.-:,`�i,,,f.'�.,.,zi7��=�€. �`� "..+.i'''�::�,,"�`.";C:��..i ;'�:z:�`?iY�"..i:."`�;—�1� '?Y..4;=-�:�...-':�>;:-x.'�".:`'...."� 3°.�`�'s.'-::.`"'��.�,-"�"�'"•k..,`�: "`.=a-$:i�:.".i:�-�# BRUIVEL STREET %> ~ EXISTING ASPHALT AREA /EXiSTO 4STORY// EXISTING4STORY `;i' 'APARTMENTW1.11ING 'APARTIA£NT6UIL fri i �� ✓./ y ; . EXISTtNG EXISTINGiSTORY ' r'EXISTiNGGASSTATION PARKING LOT APARTMENf'BUILv!4, /^ EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE 1 r.03 1 hitch 1."i. 2018 1 -4.� 0 2G 4D< EXISTING CTARAIL YARD # PARKING LOT FENCE AVENANE ASPIIALT PAVEMENT NEW 24W NEW BIKE PARKING EXISTING STREEI PARKING EXISTINGTREE TREE TURF CUT .4 $s 6, LANDSCAPED STRIP 21ILST CHISH METAL FENCE P.91' "la�233D EXISlINGASPIV,01f "I I 231241251261271� K21 Ik"120 21221FILM AREA a, - I I& � Is V ASPHALT GARDEN YARD GAS STAT04 11 ASPHALT DRIVE AND OPEN SALES LOT CURSED , -- � x PARKING AREA ROLLING 6,690 S.F, PLANTING Typ 17116115.114113 I?z III Oi 9 a 71 IS141312' ENTRY GATE Lk 'm !;Pfk&14,m Al RETAINING WAU mmma BED WATER SERVICE CLARKMEET ENTRY POINT &07-- CONC.SIDEWALK COW. CURB BIKE PARKING EXISTING PARK I I MI LpA GAS EXISTING 6 RGH PROPERTY LINE Q7 A.' METAL FENCE TOTAL LOT AREA 25,Affi SF EMS N.,T., POINT PLANTED BERM I'INGPLANTEDEERM 'ek&METALFEWE ELECIRICAL SERVICE CONCRETE SLAB ON GRADE j,� CONC. �tfAjk ENTRY POINT � z--- L..". EGRESS SIDEWALK COW-74IFTE EGRESS STAIR till! EXISTING METRA TRACKS CHCAGO A NORTHWESTERN RAILROAD EYJVING PLANTED BERM BERM EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE llarrh27.2018 0 II 2(T 40' ET CHCAGOAVEMA LOADINGAREA P r APARTMENT ENTRAxCE VESTIBULE INKE PLANT ii •.. !ll �RRET�PErAIL J PARKING TARO / WA ENTRY . 3l SERVICE! em—,.. J STAR ENTRY p «1 UMP c ' ELEV : � r • . R4i0ld ,,. j J J AGWFAABOVEABOVE STORAGE PLANT AR ARD j RETAIIKM TiNG1VALL a OUTDOOR STORAGE OON $ a {S_-...z......_ STORAGE � STAM ij 0. SIDEWALK FOR EGRESS d CITY GRANGE 4,949 Ss' F APARTMENTENTRY 428SF METAL FENCE C0RFjS7ORAGE 2,262 SF LEVEL 01707AL AREA: 2,681 GSF EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE /%tl.'; O t' 6 16 77 I s j IF r:;' CCfY b L1148S um 1 11wiQFMM$# R DAIA 14 _tj ao- :..n ®: ., w• UNITI. UNIT,2 1. 7 / "1WA CITY GRANGE Z374SF UNIT' - IBEDfIBAIN 765SF UNIT 2-2BED !2BATH 1.125SF UNIT -2BED 12BATH 1,076SF UNIT 4 -1 BED # i BATH 732 SF UNITS -1 BED i I BATH 741 SF COVERED BALCONIES $11 SF CORRIDOR S40SF CORE $18 SF LEVEL 02 TOTAL AREA: "2 GSF EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE 0 f F 16' 32' rl A 4- UI*T a, r f .5 00A 1 TRASH - CORRIDOR STAIR I UHTI t.4' UNT 2 UNIT I - I BED i I BATH 765 SF UNIT 2 - ZOE012 BATH I,12SSF L UNIT 3 - 2 BED 12 BATH 1,076 SIF UNIT 4 - I BED I I BATH 73ZSF UNITS . I BED I I BATH 741 SF UN T 5 -2 BED12 BATH 1,04 SF UN:T 7 - 2 BED/ 2 BATH 1,238SF COVERED BALCONIES 669 SF CORRIDOR 479 SF CORE $23 SF LEM 03-M tVP AREA: 8-382 GSF EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE llarch28.2018 N Ttj 0")'-05. 1p ict t/ .. . ...... . ... 0 4, r 167 32' xr '�"'�: • 14;HGN iJ STAIR 2 G71EEltR00F G'REENROOF, _ .� • :^�_ �, �AOOFpFxK�q RNWXi • „. a � . jt 4 ; - ''� pay +µ+��,.�- i �- �•;...�,,ze"�..� ,, z 3 F i ,3„ff ROOFOECK 1,733SF GREEN ROOF 2,%2 SF CORE + VESTIMPLE 709GSF TOTAIROOFAREA OPEN TO SKY. 7.374 GSF +� EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE 11firt-h 2 . 2018 1't1UJ I .... ...... VIEW LOOKING WEST AT HOWARD/CHICAGO INTERSECTION EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE 03' 1pril //. 2018 .. ...... ......... - -xr— COMPQSM PANELSF" lull ov PCMWRAtE0METAt 7_ -Pa�," iVELOS"•',,' . . x. VINriYVINp0W5 - —+ _ b'fEECGUARORAtiS Ir. — AUAAINUM :a COWPOSDTDE pmas" METRA �11tQQgSt0tiGi":; •p� iNINQQY�TS' RETAIL ENTRANCE BUILDING SIDEWALK CHICAGOAVE. EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE l i.(J.i •I pr•rl l 1. ?U/� .5 f'.:Yf'J'JtJJ' r'li't'N/lfjrt owh n raaaw+aw.r xvEatM PERFORATED METAL SCREENS WOOD OR SYNTHETIC wool) StDiND xo, �r ,v n;,ro ar arca. ,,,, ,,3nru rui, uua ,„ axwaxirH^ „a"wrmwniw rowwwaw kadmmPasunm a mm�Nw'� ,,, ^peawa N ,w r ;xarwn�n �m aawf ttaart wi inure u.mlmis rrm, ...,... ,me,.,,,,,,,,µ s :t �_vap5_: Hu r„ �f7 Any. _ .. r..,.v„�. RETAIL ENTRANCE HOWARO ST SIDEW K ALUMINUM STOREFRONT --/ WINDOWS APARTMENT ENTRANCE BUILDING RETAIL AND PLANT YARD ! ENTRANCE PLANT YARD EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE fr.(1-1pri11 t. 2018 CHICAGO RYE RETAILENTRANC! 1 SIDEWALK BUILDING GLASS AND ALUMINUM 0YERHEAD SEC71ONAL D00R EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE METRA tpril11. 0/8 r"t terior I'levettion • uoah AtUVAM •.•` w,......,.... -7T -Tr PLANT YARD BWLOING MASONRY SIDEWALK HOWARD SE EVANSTON GATEWAY, L.LC l 100.CHICAGO AVENUE 17.t13 Ipr'r! f 1, 2t118 Project Name: Evanston Gateway Based on 2017 City of Evanston B1-B3 Regulations Project Location. 100 North Chicago Avenue, Evanston, IL Lot Area: 25,406 Project Number. 17.030 Total FAR 3.00 Date: Apr. 11, 2018 Included in FAR Building GSF Total Leasable Residential Enclosed Total Leasable Enclosed Area, Units Balconies Residential Goffidors Retailloffice 113 2B• 2BI 18 18; 2131 28' Total 1BA, 2BA 2BA? 1BA 1BAi 2BA' 2BAi GSF nsf° nsfe nsf; nsf nsf; nsf: nsf' GSF GSF: GSF' GSF: »1» 7- »3» »4» »5» "6" »7w penthouse 709 82 05 residential 8,382 765 1,125 1,076 732 741 1,034 1,238 669 7,380 479 04 residential 8,382 765 1,125 1,076 732 741 1,034 1,238 669 7,380 479 03 residential 82382 765 1,125 1,076 732 741 1,034 1,238 669 7,380 479 02 residential 8,382 765 1,125 1,076 732 741 0 0 511 4,950 640 2,374 01 ground floor 7,681 345 4,999 Subtotals 41,918 4 4 4 4 4 3 3 2,518 27,090 2,404 7,373 EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE To:s 1pril i1. 2018 Not Included in FAR Mech, elec, Storage Stairs, elev, and Loading Bike Parking data, water Trash + SON shafts GSF 0SF1 GSF; GSF GSF: GSF penthouse 442 GS residential 45 17 461 04 residential. 45 .. ......... ---- 17 . . .... 461 03 residential 45 17 461 02 residential 45 ....... 17 456 01 ground floor 172 ............. 589 . ..... .. 301 962 313 Subtotals 17 954 369 9-6-2 4.Jii9_4 Summary Subtotal Total attributable SUBTOTAL: GSF to FAR Fir. NON -FAR 627 709 82 penthouse 523 8.382 7,859 05 residential 523 8,382 7,859 04 residential .... ........... 523 8.382 7,859 03 residential SIB 8.382 7,864 02 residential 2.337 7,681 5.344 01 ground floor 5,051 41,918 36,867 . ....... . . ... Subtotals TOTAL GSF 41,918 FAR 3,00 allowable FAR area 76,220 proposed FAR area 36,867 proposed FAR 1.45 EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE -1pril /1. —20 /8 . . ....... . 61-Q-18 EXHIBIT E Landscape Plans -13- LOAMA.YM-1 A PAN MUff IWEW stw ME& 09E PAMM 00"0 jMnRM9ft4M n dWK 21MMr VWAVOUM fREE t�l TREE 1w . - X IQ tomros(7 amcuT JIM coor-glowax COW -am eampmome l, I&TALROM MW n ic '11c,ja iffA 26- AsmwTsh�vw f EWMM AWA T ouammuly PAM cuI PAYAMIOAAFA �' Typ K urk!, -www MM GATE 1 1A poom 12, 11 t 5" 71 KWILM"s ExaTm VLAXMWW AM OX7" * POMt IFam1E0 w" KmMPwff— Ean=$Ct%ftx cow-RmoRmaAm mmummEMTRAM CHIC=& 'RO&JUM PLAMMMM EVANSTON GATEWAY. LLC 1 100 CHICAGO AVENUE rI7.0.? j March 27,2018 hirldscapeptall - 1 911- 1 lu M M I w EVANSTON GATEWAY LLC 4346 N. Honore Street, #500 Chicago, IL 60613 June 16, 2019 Scott A. Mangum, AICP Planning and Zoning Manager City of Evanston Re: 100-130 Chicago Avenue — Request for Extension of Planned Development Via Email and Regular Mail Dear Scott: As we have discussed, the Planned Development approval for the Evanston Gateway Project at 100-130 Chicago Avenue is scheduled to expire June 26, 2019 As we continue to work on securing financing of the project, we would like to request an extension of the Planned Development and all entitlements for a period of 12 months. We understand that such an extension requires approval of the City Council and a fee of $1,000.00. Enclosed with this letter is a check for $1,000.00. Thank you for your consideration. Please send to me a copy of the ordinance that will be submitted at the next City Council meeting. EVANSTON GATEWAY LLC David R. Brown, Manager 77-0-19 EXHIBIT 3 �g�