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HomeMy WebLinkAboutORDINANCES-2019-082-O-197/24/2019 82-0-19 AN ORDINANCE Granting An Amendment to the Approved Planned Development Located at 1815 Oak 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 July 25, 2016, the City Council enacted Ordinance 47-0-16, 82-0-19 attached hereto as Exhibit 1 and incorporated herein by reference, which granted a Special Use Permit for a Planned Development (the "Planned Development') at 1815 Oak Avenue (the "Subject Property"), which is legally described in Exhibit 1; and WHEREAS, Ordinance 47-0-16 approved the construction of a 10-story independent and assisted living facility with 102 dwelling units, 31 assisted living units for residents with cognitive impairments, and 30 memory care rooms at the Subject Property (the "Project'), which is detailed at length in Exhibit 1; and WHEREAS, per Section 6-3-6-12(B), a minor adjustment to the Planned Development was approved by the Zoning Administrator on March 15, 2017 with the recommendation of the Design and Project Review Committee ("DAPR") to reduce the Floor Area Ratio from 4.35 to 3.97, to increase the upper level building setbacks from zero feet to twenty six and a half feet at a height of forty-four feet, to relocate the stairway and mechanical equipment on the north end of the building, and for the addition of a fourth floor terrace; and WHEREAS, on January 8, 2018, the City Council enacted Ordinance 3-0- 18, attached hereto as Exhibit 2 and incorporated herein by reference, which granted an extension of time for the Applicant to obtain a building permit to construct the Planned Development authorized by Ordinance 47-0-16; and WHEREAS, on December 10, 2018, the City approved Ordinance 158-0- 18, attached hereto as Exhibit 3 and incorporated herein by reference, which granted an extension of time for the Applicant to obtain a building permit to construct the Planned Development authorized by Ordinance 47-0-16 and 3-0-18; and -2- 82-0-19 WHEREAS, the Developer and Applicant, Michael McLean (the "Applicant") requested a major adjustment that includes an increase in FAR to 4.47 (originally approved at 4.35 and subsequently reduced via a Minor Adjustment to 3.97 in 2017); an increase in parking spaces from 67 to 70 (including 2 compact spaces); an increased side yard setback (south) from 4 feet to 5 feet, and a reduction of dwelling units from 102 to 43 (for a reduced total of 161 units/rooms from 163); eliminating the site development allowance for maximum number of dwelling units in the building approved by Ordinance 46-0-16, 3-0-18 and 158-0-18 (revised plans depicting this major adjustment are attached hereto as Exhibit 4); and WHEREAS, in order to approve the major adjustment requested, the Applicants request amendments to Ordinances 46-0-16, 3-0-18, and 158-0-18 (the "Previously Approved Ordinances"); and 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 August 5, 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 -3- 82-0-19 WHEREAS, at its meeting on August 5, 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. 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 47-0-16, 3-0-18, and 158-0-18 to allow for the construction and operation of the Planned Development described herein. 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 Ordinances 47-0-16, 3-0-18, and 158-0-18 remain applicable to the Planned Development, SECTION 4: Except as otherwise provided for in this Ordinance 82-0-19, all applicable regulations of the Ordinances 47-0-16, 3-0-18, and 158-0-18, the Zoning Ordinance, and the entire City Code shall apply to the Subject Property and remain in -4- 82-0-19 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 82-0-19 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' and shall mean Michael McLean, and any and all successors, owners, and operators of the Subject Property. 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 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 -5- 82-0-19 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: �t'(��l use' ), 2019 Approved: Adopted: Sh, 2019 Aoyws-12019 Stepher(H. Ha rty,l �y`o�r Attest: �jFek&Vla� U C.Vl/l l ��'..IU, Clly-Elerk d�o►rdU �Z)W-e-z,UepO�) Gyxy clef I ApwLf-14ftW44) proved as to form: Michelle L. Masoncup, Corporation Counsel —6— 82-0-19 EXHIBIT 1 Ordinance 61-0-18 4/1912018 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, 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 1LCS 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 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 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 . 3w 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 h 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- -4M 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 S: 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- 61-0-18 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. —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: �'nc���; i , 2018 Approved: Adopted: M Avg 9,q , 2018 - 2018 Stephe H. -Habjky,MaAr Attest: Devon Reid, City Clerk Approved as to form: Michelle L. Mason up, Interim Corporation Counsel h8- 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 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 -10- 61-0-18 EXHIBIT C Map of Properties Removed from the C1 Commercial District and Placed Within the B3 Business District Properties Removed from the C1 Commercial District and Placed Within the B3 Business District c � i ��`t �'1# may[ `., ` "K /"w`♦ ,••t.. ,ec. w' a y(,`"`i���`'te,�'`M. '9. '^it,j - Y -y ' .. ) .i- • ` ^, Y - -. sw 4 , i. `,,•`°�'*,, `� ..3 } a - a ''/ t a..x -+ $ ems' `^t., w �' ; £ r "W` a. Zi , E • a w F s'• + z„ ' v8. Y IIIIIIIIII - a`: ?us+ r ,.,, } . _ , .. ,.$y z May 3, 2018 1:1,000 0 0.D075 0.015 0.03 mi drawGraphies_poly Zoning Overlay Districts a oR0 - Redevelopment Overlay Ridge C S % ', l , User drawn polygons oCSC - Central Street Corridor ® oI West Evanston Overlay ; a. Lakeshore 0 0.0125 0.025 0.05 km Zoning Boundaries 3 Labels O oOM - Dempster -Main Overlay Federal Historic Districts Oakton ri� off -Hospital Overlay 4i� Northeast Copyright 2018 C+ry of Evartsbr. This maps not a pint of survey. This map is provided'as I *Moul waaam es of any kind. See Y.^ &Ajufevanstun oEo!;naodiscfatme,s ntaf W Mae Information, 61-0-18 EXHIBIT D Development Plans 7 "7t I C-� 17 /00 t lo'llite., k'ollavlwl, //, CTA Y _ y ate,, r,k�' r -1r ' 04 n -' Ifi3"riGp4tpeB1Y" * �" ^'YCEO �A'r- C £wtws e Wa wTILN.;/a, 'I. `Z-ka ` � � z EVAk' TDN WAY VA as PROJECT TE s4"'*.W yix'•� � ��..',0�' � '.'Ntl �.,�Par a. a:I J, #A5 ,' �P$ ., �.-..1elXf.�Lis£ ,'r�-�.w.,r;.:,..ax...;. r:.'A �«r^zx r - P .•,¢tl,n em� � I + SiAjl�ltll- tit . � V„ a � 6':.a 1,�,�'+� � i 'V t �s� a .� a a , �1 APO sT � #'tic /."r FNick 'vHf:K+ 1. 'Y 1 6-ST47Y RESIDENTIAL WITH � � - +_ a ._t� �'� f R©L tDf�.O�R 6 I K _ n.et ,�. a;,' 4 ♦ •� ,� y,� ,.�.•.k+^ow, mat '}��"',�., ' ��. R»..to► '� �. vAi£W YCEIi �£P' ..:SHOE �i..,'f :�. ..{.. ZiS:` j.�' .� .�. x [�,�� .aPf.:.�lECi t .. Mt Ai 14 , 4r , t AERIAL VIEW OF SITE AND SURROUNDING CONTEXT EVANSTON GATEWAY. LLC 1 100 CHICAGO AVENUE llarch 28. 2018 E)OSTING 1 PARKING LOT MG CTA RAIL YARD STORY c?" i: i'my ga MI. T" f &MCAGOEVENUE STREET PARKING CLARK STREff i 6 8: i :9 LOAOFNGARW trz '36 er 150 w EXISTING EXISTING,: ASPHALT' i2a 75; ARCEL 2 PARCEL3 7i GAS STAT" AREA 4; PARCELI EXISTING PARK jr 62 PROPERTY LJ14E TOTAL LOT AREA 25.406 SF J EXISTING METRA TRACKS CHCAGO d NORTHWESTERN RAILROAD BRI.P.IMEL STREET ;/,EVSTING 4 STQRY/// EXISTING 4 STORY EXISTING ASPHALT AREA APA WENT BUILDING APARTMENT BLOW" EMSTIRG EMSTINUSTORY" 4 A PARTMENI! NG SLAW 'EXISANGGAS STATION PARKINGLOT EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE lhirch 1.7. 2018 Lsilf It EXISTINGs } �I CTARAtLYAfiO w•i t' PARMNGLOT 11 ? a FENCE > • _ _ F E , v" C14CRGO AVf NU; ASPHALT PAVEMENT 24OG BIKEPARKING EXISTIrr. TREE - 1TIEV .4 gar h EXISTING 5 PAR ING 1 5$a,t= VICE CLARK STREET _ ... ,. TEE TURF - - - . 14 _ .. . ... j POINT tII�C+Ji d hA -6 1 .2.9 T 35 aY �� V � WATER REE ° £' . 3 1. C K` .: y 4� CONC SIDEYfA1K — „ :' p'•,�:"'- _ ,.... _ .._ i500Q.�,:„:...,., — ..�._._.._... -,...... , �' v CONC. UR LANDSCAPED STRIP 215._ BIKEPARKtA jBMGM - -- "�. METALFENCE U.81 1 SL °! g EXISTINGASPMAIT 14�2U-21 22I2312A 2ii24 2i 28 29? ousToid AREA �: ' 1E. iE- ASPIiALTGARDENYAfG} GAB STATION ASPHALT LRIYE AND $ J -or OPEN SALES LOT l T £ CURBED ": S • B fX15 Tit3G PLANTING a i PARKiNGAREA $ TYP 3.Dt?'. ROLLING 5,6�3DS.f: ,;,:3 ._ 1��` 7 PARK /I • GT1NaT171;w B£O 1711611.11411311V i(j = It B 9` 8 7 fr 5 < J 3 12 ` t ENTRY GATE — . f �.. r RETMANG WALL Z36.19, METAL FENCE TOTAL LOT AREA 25,406 SF y / �- i 1 "1 _ PROPERTY LINE m)tL3Z� �[!$ d 12a4Sn�sxt 3 NATLW+tGAS EXISTING 0 K „ _ w.: _uf_;_ S< i ETdiRi POINT . PLANTED MIA • EXISTINGPLANTEDUERM SNGNi1E;ALFENCE - Et£CTRI�Ai SzRV CE {_�XISTl. CONC�Y Ai l w CONCR�i£SLAB ONGR+"-.OE ',s.. _... _ i... _ _ ..... - --� ENTRY POINT - • : 3 EGRESS SIDEWALKCONCRETE t •r'�."{a� »�....:.:..:,�,....,._. ....._ ..- .....u�iO a�...w � EGRESS STAIR _.--i4.--_.r. .f1---"-`#ems»..�-«-: L--..sii----:.,_--•^--ze{,.:.... , ',»— EXISTING METRA TRACKS _ C;& AGO A NORTMESTERN MIRCAD --'�..—....p-�.. Fes,.... 1— _..._.A.•..., iy. --:,%a'. .-:�. & •..,.._. k: .v.-_. ____....._._�.. - - �r•i1f--TjC-.`"«_,.•a: •___._•{ suit tR �`.i._"—n _ter»»_.._.�•r---�-•'=..'r.--<.f-- 6.•••—•.. ,:pt. < " � <! i7 ty�iH rA :------�� �.. c-e-•r�. r EXtSTI 4 PUVUEED EcRM t p »BERM 4* EVANSTON GATEWAY. LLC 1 100 CHICAGO AVENUE 1T (8 llatvh 2i, 018 i J J J J .,.. sit(',%Ili CHICAGO AVENUE LOAOINGAREA APARTMENT ENTRANCE VESTIBIAE PLkNT RETAIL "` WATER 1 YARD ! 'RETAIL ENTRY SERVICEI .ENTRY € — J STAIR2 PWP c•- ELEV ROOF.1 ' SOFFABOVE - STORA GE E f CITY PLANT ! ! YARD OUTDOOR STORAGE '' x: ELECTRIm F _13 RETAi1dN0 tYALL � RCXkA At:E , SIDEVIAiK FOR EGRESS rw. 6 HGH f METAL FENCE } INKS PARKING CITVGRANGE 4,9"SF APARTMENT ENTRY 420SF COREISTORAGE 2,262 SF LEVEL 01707AL AREA: 7,681 GSF EVANSTON GATEWAY, LLC 0 100 CHICAGO AVENUE .,.17.03 1pril 11. 018 0 E' 6' 16' 7Y TLL' ltlllt 4 _... , LW 3 �. TRASH CORRIDOR-77 �)( s> UNITt IW 2 I € J EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE J J N -4J J . _.. .. _ .._...._ CITYGRANGE 2.374SF UNIT I • i BED f i BATH 765 SF UNIT 2-2BED ?2BATH 1,125Sf UNIT3-2BED,'2BATH 1,076SF UNtT 4 - t BED f i BATH 732 SF UNIT 5 - I BED 1I BATH 741 SF COVERED BALCONIES 511 Sf CORRIDOR Msf CORE 518 SF LEVEL 07TOTAL ARM' sm GSf p.E�g x If'1 v•1' ��> STAIR LiITR.�e 4-7 r CGNRIOOR STAIR I t 44 i r •Ll UNIT I -1 BED i I BATH 765 SF UNIT 2 - 2 BED 1 2 BATH 1,125 SF UNIT3-2BE092BATH 1,076SF UNIT -1 BEOz1 BATH 7325F UNITS z_ • i BED 1 BATH r 741 SF UNIT -2BED 12BATH i,034SF UNIT 7-ZBED t2BATH 1.238SF COVERED BALCONIES 66SSF CORi1DOR 479 SF CORE 523 SF LEVEL 03-05• TYP AREA: 8,382 GSF EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE 1 i.(%)' _ llart•h 28. 018 J. -�J ` iJ J . - _ ......... ._...... _-.......... ll�ic �rl 0 4' 8' i8' 32' =r. { STAIR } GREM ROOF '" ROOF MIA GREERROOF MUNG i E�t �, &. STAIR IL ROOF DECK 1,733 SF GREEN ROOF 2,%2 SF CORE + VESTIBULE 703GSF TOTAL ROOF AREA aPEN TO SKY: 7,374 GSF EVANSTON GATEWAY. LLC 1 100 CHICAGO AVENUE 1l.0, Jlareh 2rti..: 018 1 -J N -J � J r _o(!f J .„, U lK, 1 {SJrrr, ,r,�,rrrrrr 'r.�„rr NrmrT(rr.r VIEW LOOKING WEST AT HOWARD/CHICAGO INTERSECTION EVANSTON GATEWAY, LLC 1 100 CHiCAGO AVENUE `°17.0 _,Ipri/ ll, 018 i, t {xrtr�i t itt��'e rt �t �t �u�c rl jt r� i r t J J J L_....... ..... .... COMPOSITE '{ k VlWfLWIN ii i. «I I 4 r n, 11 METRA RETAIL ENTRANCE � i BUILDING SIDEWALK CHICAGO AVE. £VANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE T03' 11)1- l 20 18 J J� iJ ! J .� ..._ _.. �. ft1'Ir'lYul't•ll't'rt/irtlt - .ti"U1NI! COMPOSITE PANELS `s PERFORATED METAL—'; HOWARD ST. 77 ::?�"'";`�'.;�"�'"; �,�: ;,,vgy>,,,,"9. ,',','inn; ;;�t;Y�R`W�;n:Y'. '` ;�WkA��',',';,;mi' '�; ':Mh 1h:: '�, .%YIl'n`�,';'�'ittYRC2I2 :R&;; �','„',,, At n•';';r WORD 0RSYNfIkEf1F: WOOD SIwma �5 ALUMINUM STOREFRONT--/ WINDOWS APARTMENT ENTRANCE BUILDING RETAIL AND PLANT YARD ENTRANCE PLANT YARD EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE '1r.0. _;1pr l l 1. 2018 ex/r/701,(,/(,Iwlir,/r - ca l f tCHICAGO AVE RETAILENTRANCE SIOEVVALK BUILDING GLASS AND ALUMINUM OVERHEAD SECTIONAL DOOR METRA EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE 1 i.rJ;; Ipri11 /. 0/8 rrtirelr Nr,ah ..._ ._........... - ... ��. �. �......................OWN �w .`..• - �p ii e'd^_ .:4' .. U.'`i';z:.,;t.'� ,a o PLANT YARD BUILDING ►nimwwom ARMNUM _ D0MPQSt1E PANEtS — - — - — IF ,�✓ a S tr MASONRY SIDEWALK HOWARD ST, EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE 11. i1.' ' 1 pril t 1. 1tt1 J {J ,J J r'J`tr'1'}tit` f'lr t'flllf}fi - west 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 100 Date: Apr. 11, 2018 Included in FAR Building GSF Total Leasable Residential Enclosed Total Leasable Enclosed Area Units Balconies Residential Corridors Retailloffice M 2B 21311 1s 113� 213' 282 Total 1W 2BA 2BA, 1BA 1BAi 2BA 28k: GSF nsf nsf nsf nsf nsf; nsf nsl: GSF GSF GSF GSF "2' "W "4" "5' 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'- 8,382 765 1,125 1,076 732 741 1,034 1,238 669 7,380 479 02 residential 8,382 765 11,125 ' 1076 732, 741 0 0 511 4,950 540 2,374 01 ground floor 7,681 345 4,999 Subtotals 41,916 1 1 4 4 4 4 4 3 3 2,516 27,090 2,404 7,373 EVANSTON GATEWAY, LLC 1 100 CHICAGO AVENUE 11wil 11, 2018 Not Included in FAR Mech, elec, Storage Stairs, elev, and Loading Bike Parking data, water Trash * BOH shafts GSF GSF; GSF 3 GSF # F GSF+ GSF penthouse __... _ . __.., _ w --- - ---------- 185 w..._. _. _. 442 OS residential _ .._..... w _. ..,,. _._... 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 0 172 964 369 982 _ 2,594 Summary Subtotal Total attributable SUBTOTAL: GSF to FAR Fir. NON -FAR 627 709 82 nth jeouse 523 8,382 7,859 OS residential 523 _ 8,382 7,859 04 residential 523 8,382 7,859 03 residential 518 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 1100 CHICAGO AVENUE f t. _201 i rrrr�r rrrlrrrlrrlir�rr 61-0-18 EXHIBIT E Landscape Plans -13- E7 569 a r_ AWPLLTPAYEY9R GI!'d0Q8>t Nm NM MPARCM E>{6Tfi0 E7ttlT••STREH 716E �jY,r,� T� IURF liR TlMtOi FIrtIIY /0�� « .TREE MAN CUT S • • ! mamr _ONTAr ""�."y,.._.._,,,,.,,.„,......,...•...,.,:..._. _.. 4 .! .h �.. ORE ►Ma18 WMFMM fbiTiM�AAar"LLr « ' mot! i�ir l.II.fl,x :>I< A is tl 'MC tor g AE�IYLT OARl�11!AIE tlN� RR ROOlRFiati. EMOTM . E q o■mnm Aa11RLT01NE Alp g t c wlwoARFa ad X �. tiaass, ohlietllucnol PAWf As ..«• ._. W '-. 17[ W tSZ 141 IT U, It�•:sit r�f,s AYI 211, "aTI AROO YKL MP'mOW s i .:f, a a 4 vrm•a.®vwAeo+6 m € ,\-4pmmrrorets><ue s t>tsas MATtme", EPMTM Taor tme OF " " l mmpow rlmffm o Im _ . .... - . .. _ _ . ••^ EsmEl6ws1R+�EEta1 EUBUD JiLEERM ■ioll�T;LLrwyfllK ~ 3 t� E7o6tu0 oo r-11" EltM POW ett11a6TE•IAed•41M1i. . ...... ._..:._. _,.......> EBREM EOEft" cew-I&TE®i®EETAK ct•CUM • lcRnMESMA RALPAW r EIIMRIGIaL1i®lFA1� { f F�TMti rIA7!® EEiol EVANSTON GATEWAY. LLC t 100 CHICAGO AVENUE r1703 £ Afareh?7,2018 i { W I indsmpel.Tlan 9 law 40 w 82-0-19 EXHIBIT 2 Ordinance 65-0-19 -8- 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, 2019, 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 17, 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 meeting of June 24, 2018 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: 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 -3- 65-0-19 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 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. Harm Mitigation for Birds: The Applicant will implement the following strategies -4- 65-0-19 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 4: 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 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" and shall mean Evanston Gateway, LLC, and any and all successors, owners, and operators of the Subject Property. -5- 65-0-19 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 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: , 2019 Approved: Adopted: , 2019 12019 Attest: Stephen H. Hagerty, Mayor Approved as to form: Devon Reid, City Clerk Michelle L. Masoncup, Corporation Counsel 65-0-19 EXHIBIT 1 ORDINANCE 61-0-18 -7- 82-0-19 EXHIBIT 3 �9�