HomeMy WebLinkAbout005-O-21 Granting a Special Use Permit for a Planned Development Located at 718-732 Main Street In the B2 Business District and oDM Dempster -Main Overlay Districti
1 /12/2021
1 /29/2021
2/16/2021
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AN ORDINANCE
Granting a Special Use Permit for a Planned Development
Located at 718-732 Main Street In the B2 Business District and oDM
Dempster -Main Overlay 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 legislation 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 unit 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, Paul Dincin of Catapult Real Estate Solutions, "the Applicant",
requests approval of a Planned Development to construct a five (5) story, mixed -use
building with approximately three thousand seven hundred and seventy-four (3,774)
square feet of commercial retail space, one hundred twenty (120) dwelling units, and
forty-seven (47) parking spaces in the B2 Business District and oDM Dempster -Main
Overlay District; and,
WHEREAS, the Planned Development requires exception from the strict
application of the Zoning Ordinance with regards to minimum lot area (density), building
height, rear yard setback, parking drive -aisle, and number of parking spaces; 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, in December 2020, the Applicant submitted minor revisions to
the project; and
WHEREAS, on December 9, 2020, in compliance with the provisions of
the Illinois Open Meetings Act (5 ILCS 120/1 et seq.) and the Zoning Ordinance, the
Plan Commission held a public hearing on the application for a Special Use Permit for a
Planned Development, case no. 20'PLND-0079; and
WHEREAS, the Plan Commission received extensive testimony, heard
public comment, and made findings pursuant to Subsections 6-3-6-9, 6-9-1-9, and 6-3-
5-10 of the Zoning Ordinance, and recommended City Council approval of the
application for Special Use Permit for Planned Development; and
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WHEREAS, in January 2021, the Applicant submitted further minor
revisions to the project; and
WHEREAS, on January 25, 2021, the Planning and Development ("P&D")
Committee of the City Council held a meeting, in compliance with the provision 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 January 25 and February 8, 2021, 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, while the requested Site Development Allowance for
Minimum Lot Area (Density) is above the maximum Site Development Allowance for
planned developments in the 132 District, a favorable supermajority (two-thirds) vote of
the City Council is not required because of the Applicant's Inclusionary Housing
Ordinance (IHO) compliance; and
WHEREAS, it is well -settled law that the legislative judgment of the City
Council must be considered presumptively valid (see Glenview State Bank v. Village of
Deerfield, 213 III. App.3d 747) and is not subject to courtroom fact-finding (see National
Paint & Coating Assn v. City of Chicago, 45 F.3d 1124).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
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SECTION 1: The foregoing recitals are found as fact and incorporated ,
herein by reference.
SECTION 2: Pursuant to the terms and conditions of this ordinance, the
City Council hereby grants the Special Use Permit applied for in case no. 20PLND-
0079, to allow the construction and operation of a five (5) story, mixed -use building with
approximately three thousand seven hundred and seventy-four (3,774) square feet of
commercial retail space, one hundred twenty (120) dwelling units, and forty-seven (47)
parking spaces.
SECTION 3: The City Council hereby grants the following Site
Development Allowances:
(A) Minimum Lot Area (Density): A Site Development Allowance is hereby granted
for one hundred (100) dwelling units plus twenty (20) IHO bonus units, whereas
Subsection 6-9-3-4 of the Zoning Ordinance allows a maximum of seventy (70)
dwelling units plus IHO bonus units in the 132 District, and whereas Subsection 6-
9-1-9(C)(2) of the Zoning Ordinance allows a maximum of eighty-four (84)
dwelling units plus IHO bonus units as a Site Development Allowance.
(B) Building Height: A Site Development Allowance is hereby granted for an
approximately fifty-seven (57) foot maximum building height to the top of the roof,
whereas Subsection 6-9-3-8 of the Zoning Ordinance requires a maximum
allowed building height of forty-five (45) feet in the B2 District.
(C) Rear Yard Setback: A Site Development Allowance is hereby granted to allow a
seven (7) foot rear yard setback where abutting a non-residential district,
whereas Subsection 6-9-3-7 of the Zoning Ordinance requires a ten (10) foot rear
yard setback where abutting a non-residential district; and a zero (0) foot rear
yard setback for open parking and loading where abutting a residential district,
whereas Subsection 6-9-3-7 of the Zoning Ordinance requires a fifteen (15) foot
rear yard setback for open parking and loading where abutting a residential
district.
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(D) Number of Parking Spaces: A Site Development Allowance is hereby granted
to allow forty-seven (47) parking spaces, whereas Subsection 6-16 Table 16B of
the Zoning Ordinance requires seventy (70) parking spaces.
(E) Parking Drive -Aisle: A Site Development Allowance is hereby granted for a
twenty-two (22) foot parking drive -aisle, whereas Subsection 6-16-2-7 of the
Zoning Ordinance requires a minimum twenty-four (24) foot parking drive -aisle
for ninety (90) degree parking spaces.
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 following: the terms of this ordinance; the
Development Plan in Exhibit B, attached hereto and incorporated herein by
reference; all applicable City Code requirements; 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 that specifically include an enclosed loading dock,
dog run, and fence adjacent to the townhome properties.
(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 staging plan, on -street and on -site construction parking
restrictions, hours of operation, a plan including cross sections showing
pedestrian access around the site with the use of curb ramps, signage and/or
striping, foundation survey of surrounding structures including weekly reporting of
seismographs for the duration of construction, submittal of environmental testing
report prior to construction, visibility diagram for all construction site access
points, proposed schedule for street opening for utility connections with cross
section details, and project updates via monthly newsletter and project website.
The CMP and Sherman Avenue construction loading area shall be sensitive to
the adjacent residential properties.
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(C) Green Building Ordinance: The Applicant agrees to comply with the Green
Building Ordinance and will obtain a LEED Silver Certification Rating or
equivalent certification rating deemed acceptable by the Building Official.
(D) Building Resident Parking Permits: Building residents shall not be eligible for
residential on -street and surface lot parking permits in the surrounding area.
(E) Inclusionary Housing Ordinance (IHO) and Additional Affordable Housing:
The applicant shall provide on -site affordable housing for the following thirty
years in compliance with the 2020 Inclusionary Housing Ordinance. Required
unit types and affordability restrictions are as follows: Five (5) studio units, Six (6)
one -bedroom units, and one (1) two -bedroom unit all affordable to households at
the current 60% AMI. Of the twelve (12) on -site affordable units, ten (10) units
are required to comply with the IHO and two (2) units are provided as a public
benefit.
(F) Harm Mitigation for Migratory Birds: The building shall incorporate bird -
friendly measures, including bird -friendly glass treatment on applicable windows
and balconies, and minimizing rooftop lighting during overnight hours.
(G) Evanston Business Enterprises Hiring: The Applicant will have, as a primary
goal, the employment of ten (10) Evanston residents, with a required minimum
amount of five (5) Evanston resident employees during construction. Said
residents, without regard to sex, race or ethnicity, can be sub -contractors or
vendors to the development. The Applicant will hire as many competent minority
and/or women Evanston subcontractors, workers, and residents as possible for
the construction project.
(H) Sherman Avenue Streetscape: The Applicant agrees to continue the Main
Street streetscape by constructing the streetscape design around the southeast
corner of the Subject Property. The streetscape shall be constructed in
accordance with the design guidelines of the Main Street streetscape, shall
continue to an appropriate endpoint near the townhomes, and shall be reviewed
by the DAPR Committee.
(1) On -Street Parking Pay Box: The Applicant agrees to make a one-time
contribution to the City of Evanston in the amount of $8,650 to pay for the
installation of one on -street parking pay box.
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(J) Lost Meter Revenue: The Applicant agrees to pay for the cost of lost meter
revenue directly related to the construction of the building on the Subject
Property, not including the period of reconstruction due to the Main Street Capital
Improvement Project or paid for by Applicant pursuant to any other City permit, at
a rate of $90 per parking space per month.
(K) Alley Contribution: The Applicant agrees to make a one-time contribution of
$50,000 to aid in the City's full reconstruction of the alley.
(L) DIVVY Station Contribution: The Applicant agrees to make a one-time
contribution of $3,098 to locate one mobile DIVVY Station along Sherman
Avenue or elsewhere in the vicinity of the Subject Property.
(M) Landscaping: The Applicant agrees to provide landscaping on the Subject
Property that incorporates suggestions from the Mayor's Monarch Proclamation
to encourage appropriate habitat for Monarch butterflies and the at -risk insect
population.
(N) Transit Fund Contribution: !In recognition of the TOD location of the Subject
Property, the Applicant agrees to make a one-time contribution of $10,000 to
establish a Transit Fund for the City of Evanston to utilize for matching 50/50
transit grants and other public transit related improvements.
(0) Security Cameras: Security cameras shall be installed to monitor the exterior of
the subject property including where it abuts the alley, and shall be made
available to the Evanston Police Department upon request.
(P) Alley Signage: The Applicant shall work with the Public Works Agency to
determine and pay the cost of appropriate signage for pedestrian, bicycle, and
vehicular safety at the alley and Sherman Avenue intersection nearest the
subject property.
(0) Parking Garage: The Applicant shall ensure the development's parking garage
gate utilizes silent notification such as blinking safety lights rather than sound
notification that may be a nuisance to nearby residents.
(R) Fencing & Gates: The Applicant agrees to install fencing at the border of the
subject property and the adjacent townhomes which may include gates to
provide direct access to the alleyway from within the private townhome
properties.
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(S) Tree Planting: After a final certificate of occupancy (FCO) is issued, the
Applicant shall pay $1,000 each year for five (5) years to fund the planting of
trees within a quarter (0.25) of a mile of the Subject Property.
(T) Construction Schedule: Pursuant to Subsection 6-9-1-9(A) 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.
(U) 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,
assigned, 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: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 8: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 9: The findings and recitals contained 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.
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Introduced: January 25 , 2021 Approved:
Adopted: February 8 , 2021 March 5 , 2021
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Stephen H. Hagerty, Mayor
Attest: Approved as to form:
Devon Reid, City Clerk Kelley A. Gandurski, Corporation Counsel
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EXHIBIT A
LEGAL DESCRIPTION
Lots 5 and 6 in Block 1 in Adams and Brown's Addition to Evanston, in the North of the
North of the Southwest Quarter of Section 19, Township 41 North, Range 14, East of
the Third Principal Meridian, in Cook County, Illinois.
and
Lot 1 in Bayley's Subdivision of Lots 7 and 8 in Block 1 in Adams and Brown's Addition
to Evanston in the North Half of the North Half of the Southwest Quarter of Section 19,
Township 41 North, Range 14, East of the Third Principal Meridian, in Cook County,
Illinois.
PINs: 11-19-303-030-0000, 11-19-303-029-0000, 11-19-303-001-0000
Commonly known as: 718-732 Main Street
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EXHIBIT B
DEVELOPMENT PLANS
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