HomeMy WebLinkAbout022-O-21 1012-1018 Church Street Planned Development - Northlight Theatre3/1 /2021
22-0-21
AN ORDINANCE
Extending the Time for the Applicant to Obtain a Building Permit to
Construct the Planned Development at 1012-1018 Church Street
Previously Authorized by Ordinance 114-0-19
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 October 14, 2019, the City Council enacted Ordinance
114-0-19 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
22-0-21
Planned Development (the "Planned Development") in the D3 Downtown District at
1012-1018 Church Street (the "Subject Property"), which is legally described in Exhibit
1; and
WHEREAS, on February 24, 2021, the Applicant, Northlight Theater,
requested an amendment to the Planned Development in order to extend the timeframe
for the Applicant and any successor in interest to obtain a building permit to construct
the Planned Development (the "Amendment") because all activity on the project was
halted due to the COVID-19 pandemic; and
WHEREAS, City Code Section 6-3-5-15(A) provides 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 Planned
Development, the Applicant requests an amendment to the Planned Development to
provide for an additional' two (2) years to obtain a building permit to commence
construction of the Planned Development, revising the date to obtain a building permit
to be October 14, 2023 (the "Extension Request"); and
WHEREAS, on April 12, 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
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WHEREAS, at its meetings on April 12 and April 26, 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 22-0-21 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
Section 6-3-5-15(A) of the Zoning ordinance, the City Council hereby grants an
amendment to the Planned Development Special Use Permit previously authorized by
Ordinance 114-0-19 to allow for a two (2) year time extension to the Applicant to obtain
a building permit for the limited purpose of construction of the Planned Development
located at 1012-1018 Church Street.
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 22-0-21; terms of Ordinance 114-0-19; all applicable City Code
requirements; the Applicant's testimony and representations to the P&D
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Committee, and the City Council; and the approved documents on file in
this case.
(b) Construction of the Planned Development: The Applicant must obtain a
building permit for the Planned Development on the Subject Property within
two (2) years (October 14, 2023). 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 22-0-21,
all applicable regulations of the Ordinance 114-0-19, 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
Ordinance 22-0-21 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 include 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.
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22-0-21
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: April 12 , 2021
Adopted: April 26 , 2021
Attest:
FduoWdo Gomez
Eduardo Gomez, Deputy City Clerk
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Approved:
May 3
Stephen H. Hagerty, Mayor
Approved as to form:
'4-W.J 4. a"M�
, 2021
Nicholas E. Cummings, Corporation Counsel
22-0-21
EXHIBIT 1
ORDINANCE 114-0-19
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n-- o _rn
9/13/2019
114-0-19
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, 153111.2d 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
114-0-19
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 of seq.)
and the Zoning Ordinance, the Plan Commission held a public hearing on the
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114-0-19
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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114-0-19
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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114-0-19
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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114-0-19
(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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114-0-19
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: Sr0F Y,1V)rl. 9-3 , 2019 Approved:
Adopted: OC-Ad r- W , 2019 ��alvY 11yr , 2019
ephe H. age , r I
Attest: Approved as to form:
Michelle L. Masoncup, Corporation
T�fao Gar.e�z, Dqu-�j C %j Counsel
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114-0-19
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
r
114-0-19
EXHIBIT B
Development Plans
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NORTHLIGHT
THEATRE
February 24, 2021
Michael Griffith
Development Planner
Planning & Zoning Division
Community Development Department
Morton Civic Center, City of Evanston
2100 Ridge Ave.
Evanston, IL 60201
Sent via email to mgriffith@citvofevanston.orq_
Dear Michael:
After reviewing the terms of Ordinance 114-0-19, we understand that the Planned
Development Approval for the construction of a new home for Northlight Theatre in
Evanston currently expires on October 14, 2021. All activity on this project was put on hold
when our business was closed by state mandate in March of 2020 as a result of the COVID-
19 pandemic. Northlight Theater is requesting an extension of the ordinance for 24 months,
in order to restart the capital campaign, acquire the property, and complete the design and
construction documents. We are currently ready to start Design Development, but would
have to complete construction documents as well prior to the original deadline, thus the
need for the extension.
We are ready to assist with whatever materials, documentation, or information necessary to
move this request forward. Northlight continues to be excited about the prospect of
opening a great theater in downtown Evanston, despite this delay, which we would attribute
solely to the disruption of business caused by the COVID-19 pandemic.
Thank you for your support, assistance, and guidance.
Sincerely,
�
Jan ullet
Managing Director
cc: Johanna Nyden, City of Evanston
Melissa Klotz, City of Evanston
Tim Evans, Northlight Theatre
Craig Smith, Eckenhoff Saunders
NORTHLIGHT THEATRE w .he NORTH SHORE CENTER for+ho PERFORMING ARTS
9501 Skokie Blvd Skokie Illiiois 60077
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