HomeMy WebLinkAboutORDINANCES-2019-115-O-199/15/2019
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AN ORDINANCE
Granting a Special Use Permit for a Planned Development
Located at 1215 Church Street and 1726-1730 Ridge Avenue in the R4
General Residential 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, Evanston/Northshore YWCA ("Applicant"), the Applicant for
the proposed development located at 1215 Church Street and 1726-1730 Ridge
Avenue, Evanston, Illinois (the "Subject Property"), legally described in Exhibit A, which
is attached hereto and incorporated herein by reference, applied, pursuant to the
provisions of the Zoning Ordinance, specifically Section 6-3-5, "Special Uses", Section
6-3-6, "Planned Developments", and Subsection 6-8-5-3 "Planned Developments" in the
R4 General Residential District ("R4 District'), to permit the further construction and
operation of a Planned Development with a Community Center (Public) and Recreation
Center (Public) at the Subject Property in the R4 District; and
WHEREAS, the Applicant sought approval for an addition and expansion
of the existing special use, and for a Planned Development to demolish the single family
residential structure and construct a two (2) story entrance on the south facade to the
existing administration center and pool building; demolish another single family
residential structure and construct a four (4) story addition for a Shelter for Abused
Persons and administration offices at the north end of the property; construct a second -
story addition to provide connection between the two structures; and expand and
reconfigure the existing parking lots to provide seventy (78) parking spaces, in the R4
District.; 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 (1) parking located within the required twenty-seven (27) foot front yard
setback where parking is not permitted, (2) parking (loading zone) located within the
required ten (10) foot west interior side yard setback where parking is not permitted, (3)
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impervious surface coverage of seventy-five and one half (75.5) percent where fifty-five
(55) percent is the maximum permitted, (4) a building height of forty-two (42) feet and
four (4) inches and four (4) stories where only thirty-five (35) feet and two and one half
(2.5) stories are permitted, and (5) an open loading zone located in the front yard where
the Code only permits open loading zones to be located in rear yards; 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 July 23, 2019, in compliance with the provisions of the
Illinois Open Meetings Act (5 ILCS 120/1 et seq.) and the Preservation Ordinance, the
Preservation Commission held a meeting on the Certificate of Appropriateness for the
demolition of the single family residential structure Located in the Ridge Historic District,
a Certificate of Appropriateness for the construction of the two (2) story entrance on the
south facade, and an advisory review of the application for a Special Use Permit for a
Planned Development, case no. 19PLND-0069, heard extensive testimony and public
comment, made written minutes, findings, and recommendations; and
WHEREAS, the Preservation Commission's written findings state that the
application for the proposed Planned Development does meet the applicable standards
set forth for a Certificate of Appropriateness in Subsection 2-8-9 of the Preservation
Ordinance; and
WHEREAS, on July 23, 2019, the Preservation Commission granted the
Certificate of Appropriateness and recommended the Plan Commission and City
Council approve the application; and
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WHEREAS, on August 7, 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 application for a Special Use Permit for a
Planned Development, case no. 19PLND-0069, 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 meet applicable standards set
forth for Special Uses in Subsection 6-3-5-10 of the Zoning Ordinance and Planned
Developments in the R4 District per Subsection 6-8-5-3 of the Zoning Ordinance; and
WHEREAS, on August 7, 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, the Preservation Ordinance, and the Zoning Ordinance,
received input from the public, carefully considered the findings and recommendation
for approval of the Preservation Commission and Plan Commission, and recommended
approval thereof by the City Council; and
WHEREAS, at its meetings of 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
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WHEREAS, it is well -settled law that the legislative judgment of the City
Council must be considered presumptively valid (see Glenview State Bank v. Village of
Deerfield, 213 III.App.3d 747) and is not subject to courtroom fact-finding (see National
Paint & Coating Assn v. City of Chicago, 45 F.3d 1124),
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as 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-
0069, to allow the demolition of the single family residential structure and construction of
a two (2) story entrance on the south facade to the existing administration center and
pool building, demolition of a single family residential structure and construction of a
four (4) story addition fora Shelter for Abused Persons and administration offices at the
north end of the property, construction of a second -story addition to provide connection
between the two structures, and expansion and reconfiguration of the parking lots to
provide seventy (78) parking spaces, in the R4 General Residential District.
SECTION 3: The City Council hereby grants the following Site
Development Allowances:
(A) Parking within the setback: A site development allowance is hereby granted to
permit parking located within the required twenty-seven (27) foot front yard
setback on Church Street where parking is not permitted pursuant to Section 6-8-
5-7(B) of the Zoning Code.
(B) Loading Berth Location: A site development allowance is hereby granted to
permit parking (loading zone) located within the required ten (10) foot west
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interior side yard setback where parking is not permitted under Section 6-8-5-7
(B) of the Zoning Code.
(C) Impervious Surface Coverage: A site development allowance is hereby granted
to permit impervious surface coverage of seventy-five and one half (75.5) percent
where fifty-five (55) percent is the maximum permitted by Section 6-8-5-9 of the
Zoning Code.
(D) Building Height: A site development allowance is hereby granted to permit a
building height of forty-two (42) feet and four (4) inches and four (4) stories where
only thirty-five (35) feet and two and one half (2.5) stories are allowed under
Section 6-8-5-8 of the Zoning Code.
(E) Unenclosed Loading Berth: A site development allowance is hereby granted to
permit an open loading zone located in the front yard where Zoning Code section
6-16-4-1(B) only permits loading zones to be located in rear yards
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
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 Plan in Exhibit
B, attached hereto and incorporated herein by reference; all applicable
legislation; the Applicant's testimony and representations to the Preservation
Commission, 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) Demolition Permit: The applicant shall obtain all necessary permits for
demolition of structures including but not limited to municipal, county, and federal
demolition permits for the removal of the single family residences and specifically
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the single family residential structure that is located within the Federal Historic
District and National Register of Historic Places that requires Section 106
Review.
(D) Streetscaping: The applicant shall improve the Church St. and Ridge Ave. right -
of ways as depicted in Exhibit B. attached hereto and incorporated herein by
reference, including the removal and reconfiguration of curb cuts, and removal of
concrete steps and replacement with matching limestone wall.
(E) Green Building Ordinance: The development shall comply with the City of
Evanston Green Building Ordinance.
(F) Preservation Commission: The portion of the building located within the local
Ridge Historic District shall be reviewed for compliance with the Standards of the
Preservation Ordinance and is subject to a final Certificate of Appropriateness.
(G) Waste: Refuse pickup shall be prohibited at the property between the hours of
9pm - 9am daily.
(H) MBE Hiring: A commitment to hiring and working with Minority 'Business
Enterprises (MBE) Women Business Enterprises (WBE), Disadvantaged
Business Enterprises (DBE) and Small Business Enterprises (SBE) on this
project. The project will include MBE/WBE subcontractors and suppliers with a
goal that in aggregate make up 10% of the construction budget.
(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
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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: 3�Yyk d- , 2019
Adopted: Drubber 14 , 2019
Attest:
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citx�� o ��rnez� be ' Gky C1ecK
Approved:
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a /1ffF/1071'G. ,
Approved as to form:
)KA& 1-W"1-V1441
Michelle L. Masoncup,1 Corporation
Counsel
INZ
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EXHIBIT A
Legal Description
PARCEL 1 (1730 RIDGE AVE.): THE NORTH HALF (EXCEPT THE WEST 25 FEET
THEREOF AND EXCEPT THE SOUTH 10 FEET) OF LOT 8 IN CIRCUIT COURT
PARTITIONS OF LOTS 23 AND 25 IN COUNTY CLERK'S DIVISION OF
UNSUBDIVIDED LAND IN THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
PIN: 11-18-121-010-0000
PARCEL 2 (1726 RIDGE AVE.): THE SOUTH HALF OF LOT 8 AND THE SOUTH 10
FEET (EXCEPT THE WEST 25 FEET) OF THE NORTH HALF OF LOT 8 IN CIRCUIT
COURT PARTITION OF LOTS 23 AND 25 IN COUNTY CLERK'S DIVISION OF
UNSUBDIVIDED LANDS IN THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
PIN: 11-18-121-011-0000
PARCEL 3 (1215 CHURCH ST.): LOT 1 IN YOUNG WOMEN'S CHRISTIAN
ASSOCIATION CONSOLIDATION IN THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14,
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PINs: 11-18-121-010-0000, 11-18-121-011-0000, 11-18-121-018-0000
COMMONLY KNOWN As: 1215 Ridge Avenue & 1726-1730 Ridge Avenue, Evanston, IL
60201
WIC
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EXHIBIT B
Site Plan/Landscape Plan
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EXHIBIT C
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