HomeMy WebLinkAbout011-O-21, Extending the Time for the Applicant to Obtain a Building Permit for 910-938 Custer Ave.2/2/2021
11-0-21
AN ORDINANCE
Extending the Time for the Applicant to Obtain a Building Permit to
Construct the Dwelling Units in the Planned Development at 910-938
Custer Ave. Previously Authorized by Ordinances 22-0-19 and 33-0-20
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 April 8, 2019, the City Council enacted Ordinance 22-0-19
by a supermajority vote, as required by Section 6-3-6-6 of the Zoning Ordinance,
attached hereto as Exhibit 1 and incorporated herein by reference, which, pursuant to the
provisions of the Zoning Ordinance, granted a Special Use Permit for a Planned
Development (the "Planned Development') and Rezoning from MUE Transitional
11-0-21
Manufacturing -Employment District to MXE Mixed -Use Employment District at 910-938
Custer Avenue (the "Subject Property"), which is legally described in Exhibit 1; and
WHEREAS, the Planned Development Ordinance approved the creation
of forty (40) new four (4) story forty-seven (47) feet and four (4) inches tall single-family
attached dwelling units, commonly referred to as townhouses at the Subject Property
(the "Project'); and
WHEREAS, on February 14, 2020, the property owner for the Subject
Property, Kevin Lee (the "Applicant') requested an amendment to the Planned
Development in order to extend the timeframes for himself and any successor in interest
to obtain a building permit to construct the dwelling units and finish the last phase of the
Project; and
WHEREAS, on April 13, 2020, the City Council enacted Ordinance 33-0-
20, attached hereto as Exhibit 2 and incorporated herein by reference, which, pursuant to
the provisions of the Zoning Ordinance, granted an amendment to the Planned
Development Special Use Permit previously authorized by 22-0-19 to allow for a one
(1) year extension to April 13, 2021 to obtain a building permit for the limited purpose of
construction of the dwelling units at 910-938 Custer Avenue; and
WHEREAS, on January 25, 2021, the Applicant requested an additional
amendment to the Planned Development in order to extend the timeframes for himself
and any successor in interest to obtain a building permit to construct the dwelling units
and finish the last phase of the Project due to delays caused by the COVID-19 pandemic;
and
WHEREAS, City Code Sections 6-3-5-15(A) and 6-8-1-10(A) provide for a
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time period for construction of one (1) year unless the City Council approves for an
extended date by which to obtain a building permit in order to allow for a staged
development; and
WHEREAS, in order to commence construction of the residential units, the
Applicant requests an additional amendment to the Planned Development to provide for
an additional eighteen (18) months to obtain a building permit to commence
construction of the dwelling units in the Project, revising the date to obtain a building
permit to be October 13, 2022 (the "Extension Request"); and
WHEREAS, on February 22, 2021, 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 Extension Request; and
WHEREAS, during said meeting, the P&D Committee received input from
the public, and carefully deliberated on the Extension Request and the Applicant was
given notice of the P&D and City Council meetings; and
WHEREAS, at its meetings on February 22, 2021 and March 8, 2021, 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 11-0-21 and the Extension
Request,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
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11-0-21
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 and
Sections 6-3-5-15(A) and 6-11-1-10(A)(4) of the Zoning ordinance, the City Council
hereby grants an amendment to the Planned Development Special Use Permit
previously authorized by Ordinances 22-0-19 and 33-0-20 to allow for a time extension
to the Applicant to obtain a building permit for the limited purpose of construction of the
dwelling units at 910-938 Custer Avenue in 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, 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 11-0-21; terms of Ordinance 33-0-20; terms of Ordinance 22-0-
19; all applicable City Code requirements; the Applicant's testimony and
representations to the P&D Committee, and the City Council; and the
approved documents on file in this case.
(b) Construction of Residential Units: The Applicant must obtain a building
permit for the construction of forty (40) new four (4) story forty-seven (47) feet
and four (4) inches tall single-family attached dwelling units by October 13,
2022. The construction shall be in compliance with all applicable City Code
restrictions, including but not limited to, the construction must be completed
within a period of twenty-four (24) months after issuance of the building
permit.
(c) Changes in Property Use: Any change as to the property's use in the future
must be processed and approved as an additional amendment to the Planned
Development.
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11-0-21
(d) 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 11-0-21,
all applicable regulations of Ordinances 22-0-19 and 33-0-20, 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 11-0-21 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 Kevin Lee, 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.
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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: February 22 , 2021 Approved:
Adopted: March R , 2021 March 17 , 2021
Attest:
(7�
Devon Reid, City Clerk
J1AW4f-QK-
Stephen H. Hagerty, Mayor
Approved as to form:
Kelley A. Gandurski
Corporation Counsel
11-0-21
EXHIBIT 1
ORDINANCE 22-0-19
&A
2/27/2019
3/5/2019
22-0-19
AN ORDINANCE
Granting a Special Use Permit for a Planned Development
Located at 910-938 Custer Avenue and Amending the Zoning Map to
Re -Zone Certain Property from the MUE Transitional Manufacturing -
Employment District to the MXE Mixed -Use Employment District
("Custer Avenue Townhomes")
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 1LCS 5/11-13-1,
et seq.) grants each municipality the power to establish zoning regulations; and
22-0-19
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, Kevin Lee (the "Applicant"), owner and developer of the
property located at 910-938 Custer 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
6-13-4-3, "Special Uses" in the MXE Mixed -Use Employment District, to permit the
construction and operation of a Planned Development located at the Subject Property in
the MXE Mixed -Use Employment District; and
WHEREAS, the Applicant sought approval to re -zone the Subject Property
from the current MUE Transitional Manufacturing -Employment District to the proposed
MXE Mixed -Use Employment District; and
WHEREAS, the Applicant sought approval to construct forty (40) new four
(4) story forty-seven (47) feet and four (4) inches tall single-family attached dwelling
units, commonly referred to as townhouses; 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 number of dwellings, building height of each dwelling, west rear yard
setbacks, orientation of front entrance of town homes, setbacks for balconies and width
of landscaping strip; and
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22-0-19
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 February 13, 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 and Rezoning from MUE Transitional Manufacturing -
Employment District to MXE Mixed -Use Employment District, case no. 18PLND-0100,
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 met applicable standards set forth
for Special Uses in Subsection 6-3-5-10 of the Zoning Ordinance and Planned
Developments in the MXE Mixed -Use Employment District per Subsection 6-13-4-3 of
the Zoning Ordinance and Map Amendments per Subsection 6-3-4-5; and
WHEREAS, the Plan Commission's written findings state that the
amended 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 MXE Mixed -Use Employment District per Subsection
6-13-4-3 of the Zoning Ordinance; and
WHEREAS, the Plan Commission recommended the City Council approve
the amended application with conditions; and
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22-0-19
WHEREAS on March 11, 2019, the Planning and Development ("P&D")
Committee of the City Council held meetings, in compliance with the provisions of the
Open Meetings Act and the Zoning Ordinance, received input from the public, carefully
considered and adopted the findings and recommendations of the Plan Commission,
and recommended approval thereof by the City Council; and
WHEREAS, construction of the Planned Development, as presented in
the submitted revised plans, requires exception from the strict application of the Zoning
Ordinance with regards to number of dwellings, building height of each dwelling, rear
yard setbacks, orientation of front entrance the dwellings, setbacks for balconies and
width of landscaping strip; and
WHEREAS, at its meetings of March 11, 2019 and April 8, 2019, 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's 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
Deefeld, 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.
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22-0-19
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 MUE
Transitional Manufacturing -Employment District and place them within the MXE Mixed -
Use Employment 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. 18PLND-
0100, 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 Dwellings: A Site Development Allowance is hereby granted
permitting forty (40) dwelling units to be constructed whereas the requirement in
subsection 6-13-4(4)(B)(2) permits thirty-two (32) dwelling units on the Subject
Property.
(B) Building Height: A Site Development Allowance is hereby granted for an
maximum building height of approximately forty-seven (47) feet and four (4)
inches, whereas subsection 6-13-4-7 permits a maximum building height of forty-
one (41) feet on the Subject Property.
(C) Rear Yard Setback: A Site Development Allowance is hereby granted permitting
a rear yard setback of five (5) feet from the western property line of the Subject
Property, whereas subsection 6-13-4-6(D) requires a minimum of a fifteen (15)
feet rear yard setback from the western property line of the Subject Property line
on the Subject Property.
(D) Townhouse Orientation: A Site Development Allowance is hereby granted
permitting the townhomes to face the interior or side yards, whereas subsection
6-13-11-1 requires townhomes to have frontage on a public street on the Subject
Property.
(E) Balcony Yard Obstruction (Front yard): A Site Development Allowance is
hereby granted permitting a seven (7) foot front yard setback for a balcony on the
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22-0-19
Subject Property, whereas subsection 6-4-1-9-B requires a nine (9) foot front
yard setback for the installation of a balcony on the Subject Property.
(F) Balcony Yard Obstruction (South interior side yard): A Site Development
Allowance is hereby granted permitting a two (2) foot south interior side yard
setback for a balcony on the Subject Property, whereas subsection 6-4-1-9-B
requires a four and half (4.5) foot south interior side yard setback setback for the
installation of a balcony on the Subject Property.
(G) Balcony Yard Obstruction (West rear yard): A Site Development Allowance is
hereby granted permitting a one (1) foot west rear yard setbacks for a balcony on
the Subject Property, whereas subsection 6-4-1-9-B requires a thirteen and half
(13.5) west rear yard setback for the installation of a balcony on the Subject
Property.
(H) Landscaping Strip: A Site Development Allowance is hereby granted permitting
a minimum of five (5) feet landscape strip along the south and west property
boundaries of the Subject Property, whereas subsection 6-13-1-10(B)(3) of the
Zoning Ordinance requires a minimum of a twenty-five (25) feet landscape strip
is required for this development in the MXE Mixed -Use Employment 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
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22-0-19
and vibration monitoring; construction exhibits; project communication and
signage.
(C) On -Street Parking Pay Boxes: The Applicant agrees to make a one-time
contribution to the City of Evanston in the amount of nine thousand dollars
($9,000.00) to pay for the installation of an on -street parking pay box.
(D) Contaminated Materials: The Applicant shall remove and remedy any
contaminated materials located on the Subject Property in compliance with the
Illinois Environmental Protection Agency's regulations.
(E) Affordable Housing Units: The Applicant shall comply with the inclusionary
Housing Ordinance in effect at time of application, whereby ten percent (10%) of
units must be affordable or pay a fee -in -lieu at a rate of one hundred thousand
dollars ($100,000.00) per affordable unit, with the applicant agreeing to pay a
fee -in -lieu of one hundred thousand dollars ($100,000.00) per affordable unit for
a total payment of four hundred thousand dollars ($400,000.00).
(F) Streetscaping: The Applicant shall make streetscape improvements, per the
site plans in Exhibit E, including landscaping, emergency vehicle grass -road
pavers, right-of-way bump out near Main Street, street trees on private property,
Custer Avenue turnaround, and landscaping of the Metra embankment.
(G) Alley Easement: The Applicant agrees to establish an easement agreement to
increase the north -south and east -west alleys to twenty (20) feet in width where
each alley abuts the Subject Property.
(H) Alley Construction: The Applicant shall reconstruct the north -south and east -
west alleys where they abut the subject property and including the alley
easement area, to include storm water management, burying of utilities where
possible, and surface pavement, all per City of Evanston Public Works Agency
requirements, with timing consideration with the City's water main project in the
vicinity.
(1) Snow Removal: The Applicant shall ensure the Homeowner's Association is
responsible for snow removal in the alley where adjacent to the Subject Property,
and shall ensure snow removal is not deposited or plowed into the remainder of
the alleyway.
(J) Public Art Contribution: The Applicant shall provide a payment of twenty-five
thousand dollars ($25,000) for public art or install an art piece in the vicinity of the
development site with an approximate cost of twenty-five thousand dollars
($25,000), subject to the approval of the Arts Commission and Design & Project
Review Committee.
(K) Green Building Ordinance: The development shall comply with the City of
Evanston Green Building Ordinance.
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(L) Pedestrian Countdown Timers: The Applicant agrees to contribute fifteen
thousand dollars ($15,000.00) to the City of Evanston to be utilized when the City
conducts its traffid light update.
(M) On Street Parking: Residential On -Street Parking Permits: Residents of the
building shall not be eligible to obtain residential on -street parking permits .
(N) 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.
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22-0-19
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.
�1
Introduced:4r# 1 8?1,1 , 2019
Adopted: %'�a/G� //,* , 2019
Attest: rc)\
Devon Reid, City Clerk
Approved:
Approved as to form:
Michelle L. Masoncup, Corporation
Counsel
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22-0-19
EXHIBIT A
Legal Description
LOT 1 IN DARD PRODUCTS THIRD CONSOLIDATION, BEING A CONSOLIDATION
OF LOT 3 AND THE NORTH HALF OF LOT 4 IN RAILWAY SUBDIVISION AND LOT 1
IN DARD PRODUCTS SECOND CONSOLIDATION, IN THE EAST HALF OF THE
NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED.
PINs: 11-19-117-063-0000
COMMONLY KNOWN As: 910-938 Custer Avenue, Evanston, IL
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22-0-19
EXHIBIT B
Addresses and PINs of Properties Removed from the MUE Transitional
Manufacturing -Employment District and Placed Within the MXE Mixed -Use
Employment District
PINs: 11-19-117-063-0000
COMMONLY KNOWN As: 910-938 Custer Avenue, Evanston, IL
22-0-19
EXHIBIT C
Map of Properties Removed from the MUE Transitional Manufacturing -
Employment District and Placed Within the MXE Mixed -Use Employment District
-12-
910-938 Custer Ave.
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22-0-19
EXHIBIT D
Development Plans
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22-0-19
EXHIBIT E
Landscape Plans
-14-
PROPOSED PLANT SCHEDULE
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Op' 0
Trees
English Oak Quercus robur ®®®
Slender Silhouette Sweetgum Liquidambar styraciflua 'Slender Silhouette'
Hackberry Celtis occidentalis 40lk
Eastern Red Cedar Cercis canadensis®°A'
Shingle Oak Quercus imbricaria
Serviceberry Amelanchier canadensis
Shrub
Witchhazel I Hamamelis vernalis
Snowberry I Symphoricarpos albus 0
Gray Dogwood ( Cornus racemosa
Holly I Ilex verticellata n
Ninebark I Physocarpus opulifolius — !'
Juniper Juniperus horizonatalis
IBottlebrushBuckeye Aesculusparviflora TOWNHOME WALK
SITE
Grasses
Sedge Carex spp.
Big Bluestem I Andropogon gerardi C U S TE R
Prairie Dropseed I Sporobolus heterolepis SCALE: 1 /8" = 1'-0'
Autumn Moor Grass Sesleria autumnalis
Perennials
Aster I Symphyotrichum novae-angliae
Black-eyed Susans Rudbeckia fulgida
Blazingstar Liatris spicata
Iris I Iris virginica
Purple Coneflower Echinacea pupurea
Butterfly Weed ( Asclepias tuberosa
I
11-0-21
EXHIBIT 2
ORDINANCE 33-0-20
2/24/2020
33-O-20
AN ORDINANCE
Extending the Time for the Applicant to Obtain a Building Permit to
Construct the Dwelling Units in the Planned Development at 910-938
Custer Ave. Previously Authorized by Ordinance 22-0-19
WHEREAS, the City of Evanston is a home -rule municipality pursuant to
Article V11 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,
of 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 April 8, 2019, the City Council enacted Ordinance 22-0-19
by a supermajority vote, as required by Section 6-3-6-6 of the Zoning Ordinance,
attached hereto as Exhibit 1 and incorporated herein by reference, which, pursuant to the
provisions of the Zoning Ordinance, granted a Special Use Permit for a Planned
Development (the "Planned Development") and Rezoning from MUE Transitional
33-0-20
Manufacturing -Employment District to MXE Mixed -Use Employment District at 910-938
Custer Avenue (the "Subject Property"), which is legally described in Exhibit 1; and
WHEREAS, the Planned Development Ordinance approved the creation
of forty (40) new four (4) story forty-seven (47) feet and four (4) inches tall single-family
attached dwelling units, commonly referred to as townhouses at the Subject Property
(the "Project"); and
WHEREAS, on February 14, 2020, the property owner for the Subject
Property, Kevin Lee (the "Applicant") requested an amendment to the . Planned
Development in order to extend the timeframes for himself and any successor in interest
to obtain a building permit to construct the dwelling units and finish the last phase of the
Project (the "Amendment'); and
WHEREAS, City Code Sections 6-3-5-15(A) and 6-8-1-10(A) provide for a
time period for construction of one (1) year unless the City Council approves for an
extended date by which to obtain a building permit in order to allow for a staged
development; and
WHEREAS, in order to commence construction of the residential units, the
Applicant requests an amendment to the Planned Development to provide for an
additional one (1) year to obtain a building permit to commence construction of the
dwelling units in the Project, revising the date to obtain a building permit to be March 23,
2021 (the "Extension Request"); and
WHEREAS, Applicant's Extension Request was timely received but was
unable to be fully addressed due to the recent COVID-19 outbreak and state of
emergency in the City;
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33-0-20
WHEREAS, on March 9, 2020, 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
Extension Request; and
WHEREAS, during said meeting, the P&D Committee received input from
the public, and carefully deliberated on the Extension Request and the Applicant was
given notice of the P&D and City Council meetings; and
WHEREAS, at its meetings on March 9, 2020 and April 13, 2020, 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 33-0-20 and the Extension
Request,
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 and
Sections 6-3-5-15(a) and 6-11-1-10(A)(4) of the Zoning ordinance, the City Council
hereby grants an amendment to the Planned Development Special Use Permit
previously authorized by Ordinance 22-0-19 to allow for a one (1) year time extension
to the Applicant to obtain a building permit for the limited purpose of construction of the
dwelling units at 910-938 Custer Avenue in the Planned Development described herein.
33-0-20
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, 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 33-0-20; terms of Ordinance 22-0-19; all applicable City. Code
requirements; the Applicant's testimony and representations to the P&D
Committee, and the City Council; and the approved documents on file in
this case.
(b) Construction of Residential Units: The Applicant must obtain a building
permit for the construction of forty (40) new four (4) story forty-seven (47) feet
and four-(4) inches tall -single-family attached dwelling units -within one -(I)
year (April 13, 2021). The construction shall be in compliance with all
applicable City Code restrictions, including but not limited to, the construction
must be completed within a period of twenty-four (24) months after issuance
of the building permit.
(c) Changes In Property Use: Any change as to the property's use in the future
must be processed and approved as an additional amendment to the Planned
Development.
(d) 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 33-0-20,
all applicable regulations of the Ordinance 22-0-19, 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
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33-0-20
Ordinance 33-0-20 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 Kevin Lee, 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
shah 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.
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Introduced: March 9, 2020 , 2020
Adopted:-AprilA3, 20w. , 2020
Attest:
Ed,ka.rdo Oomu
Devon Reid, eity e
Eduardo Gomez, Deputy City Clerk
33-0-20
Approved:
44 / 24 / 2424
2020
Stephen H. Hagerty, Mayor
Approved as to form:
Kelley A. Gandurski
Corporation Counsel
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