HomeMy WebLinkAboutORDINANCES-2019-114-O-199/13/2019
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AN ORDINANCE
Granting a Special Use Permit for a Planned Development
Located at 1012-1018 Church Street in the D3 Downtown Core
Development 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,
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, 174-75 (1992)); 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
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WHEREAS, Northlight Theater ("Applicant"), the Applicant for the
proposed development located at 1012-1018 Church Street, Evanston, Illinois (the
"Subject Property"), legally described in Exhibit A, which is attached hereto and
incorporated herein by reference, applied, pursuant to the provisions of the Zoning
Ordinance, specifically Section 6-3-5, "Special Uses", Section 6-3-6, "Planned
Developments", and Subsection 6-11-1-10, "Planned Developments" in Downtown
Zoning Districts, to permit the construction and operation of a Planned Development
with a cultural facility at the Subject Property in the D3 Downtown Core Development
Zoning District ("D3 District"); and
WHEREAS, the Applicant sought approval to construct a new three (3)
story, thirty-seven thousand eight hundred (37,800) square foot cultural facility, a live
theater,performance venue, with a two hundred eighty-nine (289) seat main stage and a
building height of forty-one (41) feet; and
WHEREAS, construction of the Planned Development, as proposed in the
application, requires exception from the strict application of the Zoning Ordinance with
regards to the number of parking spaces provided and an increased setback from the
street frontage property line at the first floor; and
WHEREAS, pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the
City Council may grant Site Development Allowances from the normal district
regulations established in the Zoning Ordinance; and
WHEREAS, on September 11, 2019 and September 12, 2019, 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
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application for a Special Use Permit for a Planned Development, case no. 19PLND-
0075, 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 does meets applicable standards set
forth for Special Uses in Subsection 6-3-5-10 of the Zoning Ordinance and Planned
Developments in the D3 Downtown Core Development District per Subsection 6-11-1-
10 of the Zoning Ordinance; and
WHEREAS, on September 12, 2019, the Plan Commission recommended
the City Council approve the application; and
WHEREAS, on September 23, 2019, the Planning and Development
("P&D") Committee of the City Council held a meeting, in compliance with the provisions
of the Open Meetings Act and the Zoning Ordinance, received input from the public,
carefully considered the findings and recommendation for approval of the
Plan Commission, and recommended approval thereof by the City Council; and
WHEREAS, at its meetings on September 23, 2019, and October 14,
2019, held in compliance with the Open Meetings Act and the Zoning Ordinance, the
City Council considered the recommendation of the P&D Committee, 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
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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 facts and
incorporated herein by reference.
SECTION 2: Pursuant to the terms and conditions of this ordinance, the
City Council hereby grants the Special Use Permit applied for in case no. 19PLND-
0075, to allow construction and operation of the Planned Development for a new three
(3) story, thirty-seven thousand eight hundred (37,800) square foot Cultural Facility, a
live theater performance venue, with a two hundred eighty-nine (289) seat main stage
and a building height of forty-one (41) feet.
SECTION 3: The City Council hereby grants the following Site
Development Allowances:
(A) Number of Parking Spaces: A Site Development Allowance is hereby granted
for a total of zero (0) off-street parking spaces, whereas Subsection 6-16-2,
Table 16-B of the Zoning Ordinance requires a minimum of thirty-two (32) off-
street parking spaces for the proposed Planned Development in the D3 District.
(B) Street front setback: A Site Development Allowance is hereby granted for a two
(2) foot setback from the street frontage property line at the first floor where as
Subsection 6-11-1-4 requires a zero (0) foot setback from the street frontage
property line at the first floor for a minimum building height of twenty-four (24)
feet but not more than forty-two (42) feet for all new structures facing Church
Street in the D3 District.
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
hereby, which may be amended by future ordinance(s), and violation of any of which
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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 Development Plan;
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) Arts for Everyone: The Applicant shall annually provide not less than one
thousand (1,000) complimentary tickets to Evanston not -for -profit partners and
the Evanston Public Library. The Applicant shall offer senior pricing discounts.
The Applicant shall make space available for use by other local arts
organizations and groups.
(D) Bird -Friendly Measures: The Applicant shall provide appropriate bird friendly
measures on the north building facade, including fritted glass.
(E) City of Evanston Employment: The Applicant agrees to employ at least three
(3) Evanston residents, with a goal of ten (10) Evanston residents, during
construction.
(F) Public Art Installation: Prior to issuance of the Final Certificate of Occupancy
(FCO), the Applicant shall install public art on the portion of the west facade
visible from Oak Avenue. The public art installation shall require approval of the
Arts Council and the Design and Project Review Committee.
(G) Further Review Required: Prior to issuance of a building permit, approval of the
Design and Project Review Committee shall be required for the following items
relating to peak patron arrival and departure times:
1. Parking plan
2. Bike lane management and on -street parking configuration
3. Multi -modal transportation plan
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(H) Construction Schedule: Pursuant to Subsection 6-11-1-10(A)(4) of the Zoning
Ordinance, the Applicant shall obtain a building permit within twenty-four (24)
months of the passing of this Ordinance. Additionally, the Applicant must
complete the construction of the Planned Development within twenty-four (24)
months from the date the Applicant receives its building permit.
(1) 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: 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 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.
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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: ,rnY�e� a�3 , 2019
Adopted: 0C--\obe - i , 201 c
Attest:
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Approved as to form:
Michelle L. Masoncup, (Corporation
Counsel
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EXHIBIT A
Legal Description
LOT 4 AND THE EAST 30.0 FEET OF LOT 5 IN BLOCK 67 IN THE ORIGINAL
VILLAGE (NOW CITY) OF EVANSTON IN THE SOUTHWEST 1/4 OF SECTION 18,
TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
PINs: 11-18-302-006-0000
COMMONLY KNOWN As: 1012-108 Church Street, Evanston, IL 60201
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EXHIBIT B
Development Plans
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