HomeMy WebLinkAboutORDINANCES-2014-032-O-14•3/4/2014
-- 4/21 /2014
7/22/2014
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AN ORDINANCE
Granting a Special Use Permit for a Planned Development
Located at 835 Chicago Avenue in the C1a Commercial District
("Ch"icago + Main")
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, 153 111.2d 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 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 6 set of zoning regulations, set forth in Title 6 of,the Evanston
City Code of 1979, as amended, ("the Zoning Ordinance"); and
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WHEREAS, O'Donnell Investment Co. (the "Applicant"), owner of the
property located at 835 Chicago 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
6-10-1-9, "Planned Developments" in Commercial Zoning Districts, to permit the
construction and operation of a Planned Development with accessory parking located at
the Subject Property in the C1 a Commercial Zoning District ("Cl a District"); and
WHEREAS, the Applicant sought approval to construct a new nine -story
ninety-seven foot (97 ft.) tall mixed use commercial, office, and residential building
consisting of one hundred twelve (112) dwelling units, approximately 15,670 gross
square feet of office space, approximately 12,064 gross square feet of commercial retail •
space, with one hundred twenty-seven (127) enclosed, garage parking spaces; 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 dwelling units per lot size, floor area ration (FAR), building height,
enclosed parking setback, number of parking spaces, and the number and length of
loading berths; and
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
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• WHEREAS, on February 12 and February 26, 2014, 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. 13PLND-0117, 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 meets applicable standards set forth
for Special Uses in Subsection 6-3-5-10 of the Zoning Ordinance and Planned
Developments in the C1a District per Subsection 6-10-1-9 of the Zoning Ordinance; and
WHEREAS, the Plan Commission recommended the City Council approve
the application with conditions; and
is WHEREAS, on March 24, 2014, April 28, 2014, and July 28, 2014, the
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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
WHEREAS, after the March 24, 2014 meeting of the P&D Committee, the
Applicant submitted an amended application to add off -site parking spaces to the
proposed development; the amended application is for a proposed Planned
Development-, seeking approval for a new nine -story ninety-seven foot (97 ft.) tall mixed
use commercial, office; and residential building consisting of one hundred twelveJ112)
dwelling units, approximately 15,670 gross square feet of office space, approximately
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12,064 gross square feet of commercial retail space_, with one hundred twenty-seven •
(127) enclosed, garage parking spaces and twenty-five (25) off -site parking spaces
located at 935 Chicago Avenue; and
WHEREAS, at its meeting of July 28, 2014, the 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
amended application, amended and adopted the applicable findings and
recommendations of the Plan Commission, and recommended approval thereof by the
City Council; and
WHEREAS, at its meetings of March 24, 2014, and July 28, 2014, 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
Deed<eld, 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.
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. 13PLND-
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• 0117, to allow construction and operation of the Planned Development described
herein.
SECTION 3: The City Council hereby grants the following Site
Development Allowances:
(A) Number of Dwelling Units, Per Lot Size: A Site Development Allowance is
hereby granted for one hundred twelve (112) dwelling units, whereas subsection
6-10-3-4-(B) of the Zoning Ordinance requires a maximum of 87 dwelling units
for a lot sized at 30,500 sq. ft. in the C1 a District.
(B) Floor Area Ratio (FAR): A Site Development Allowance is hereby granted for a
4.86 floor to area ratio, whereas subsection 6-10-3-7 of the Zoning Ordinance
requires a maximum floor area ratio of 4.0 in the C1 a District.
(C) Building Height: A Site Development Allowance is hereby granted for a ninety-
seven (97) feet maximum height, whereas subsection 6-10-3-9 of the Zoning
Ordinance requires a maximum allowed building height of sixty-seven (67) feet in
the C1 a District.
(D) Enclosed Parking Setback: A Site Development Allowance is hereby granted
• for a ten (10) foot setback fcr enclosed parking off of Chicago Avenue, whereas
subsection 6-10-3-10 of the Zoning Ordinance requires enclosed parking to be
set back twenty (20) feet from any front or street side lot line in the C 1 a District.
(E) Number of Parking Spaces: A Site Development Allowance is hereby granted
permitting a total of one hundred and fifty-two (152) parking spaces, whereas
subsection 6-16-3-5 of the Zoning Ordinance requires a minimum of two hundred
sixteen (216) parking spaces for this particular mixed use building in the C1a
District. Of the aforementioned one hundred and fifty-two (152) parking spaces,
one hundred and thirty-one (131) parking spaces are compliant with the
requirements of Zoning Ordinance Section 6-16., six (6) parking spaces are
tandem parking spaces that are not recognized under the Zoning Ordinance due
to a lack of a travel lane, and up to fifteen (15) parking spaces to be located
above traditional spaces via hydraulic parking lifts that are not recognized by the
Zoning Ordinance due to inadequate height clearance. Of the one hundred and
thirty-one (131) code compliant parking spaces, twenty-five (25) parking spaces
will -be located off -site at 935 Chicago Avenue. All parking spaces, inclusive of
the hydraulic lift and off -site spaces as required under this Ordinance, must be in
place and usable prior to the issuance of a Temporary Certificate of Occupancy.
(F) Number and Length of Loading Berths: A Site Development Allowance is
hereby granted for two (2) short loading berths at twenty-five (25) feet in length,
• whereas subsection 6-16-5 of the Zoning Ordinance requires a minimum of five
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(5) short loading berths at thirty-five (35) feet in length for this particular mixed •
use building in the C1 a 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
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 B and C, attached hereto and incorporated herein by reference;
all applicable legislation; the Applicant's testimony and representations to the Site
Plan and Appearance Review Committee, the Plan Commission, the P&D
Committee, and the City Council; and the approved documents on file in this case.
(B) Enclosed Parking Ingress/Egress: The Applicant shall provide access from
the enclosed parking structure to Chicago Avenue via a one -lane right turn only
egress as depicted on the Site Plan in Exhibit B. Primary access to and from the
enclosed parking structure shall occur via the ingress/egress located at the alley •
as depicted in the Site Plan in Exhibit B.
(C) Landscape Design: The Applicant shall install and maintain landscaping as
depicted in Exhibit C. All landscape and hardscape, including but not limited to
sidewalks, curbing, decorative brickwork, and planting materials, shall conform to
the Chicago Avenue Streetscape Plan along Chicago Avenue and Main Street.
(D) Retail Exclusive Parking: The Applicant shall provide thirteen (13) enclosed
parking spaces on the ground floor of the building parking, which shall be
exclusively used for retail customers during the business hours of the on -site
retail businesses and shall not be utilized for office or residential purposes during
those business hours. Additionally, the Applicant agrees to display proper
signage within the parking structure that specifically details such restriction. The
aforementioned thirteen (13) on -site parking spaces for retail use shall be
privately managed.
(E) Parking Lifts: The Applicant shall install three (3) parking spaces located above
traditional spaces via hydraulic parking lifts. Up to twelve (12) additional hydraulic
parking lifts shall be installed on an as -needed basis as determined by the City of
Evanston. The Applicant shall provide the City a certified rent roll of the parking
spaces on an annual basis, including hydraulic lift spaces. In the event all
hydraulic parking lifts are occupied, the Applicant shall purchase and install .an •
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• additional three (3) hydraulic parking lifts until a maximum fifteen (15) -lifts are
installed or there is no additional demand.
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In the event there is not a demand for additional hydraulic parking lifts upon the
third anniversary of the issuance of the final Certificate of Occupancy, such
hydraulic parking lift obligation shall sunset and the Applicant shall be released of
said requirement within the Planned Development.
(F) Car Sharing and Car Club Service: The Applicant agrees to provide and place
a minimum of two (2) car share vehicles in the enclosed parking structure prior to
obtaining the Temporary Certificate of Occupancy. In the event this Planned
Development, 835 Chicago Avenue ("Chicago + Main"), is converted to
condominiums, Applicant may cease to provide the Car Sharing and Car Club
Service.
(G) Employees: That 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) Temporary Parking Meter Loss Compensation: The Applicant shall pay two
thousand two hundred fifty dollars ($2,250.00) per City of Evanston parking
meter that must be temporarily capped or removed during the construction
period, not to include any permanently removed meters. Such payment shall be
for the City Parking Fund and shall be made prior to the issuance of the building
permit.
(1) Permanent Parking Meter Loss Compensation: The Applicant shall pay
seventy-two thousand two hundred eighty-one dollars ($72,281.00) for the total
permanent removal of four (4) City of Evanston parking meters. Such payment
shall be made prior to the temporary Certificate of Occupancy and is for the City
Parking Fund.
(J) Alley Excavation and Pavement: The Applicant agrees to have the City of
Evanston excavate and pave the north -south alley adjacent to Subject Property
by way of the City of Evanston's Special Assessment Process. The Applicant
shall obtain a Special Assessment Process petition from the City Engineer and
comply with the subsequent required procedure necessary for the Special
Assessment. If the Special Assessment Process is not approved, the Applicant
shall, at its sole cost and expense, reconstruct the alley along the length of the
subject property to the City alley standard, which includes but is not limited to an
8" concrete base with stormwater conveyance.
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(K) Waste Management Services: The Applicant agrees to work with the waste •
management company servicing the alley to the best of their ability to ensure the
alley remains passable during waste collection and/or pick-up.
(L) Property Utility Lines: The Applicant shall bury adjacent property utility lines,
including but not limited to the lines on the four (4) adjacent utility pnIes, in
conjunction with the required underground placement of utility lines required for
the development project.
(M) City of Evanston Affordable Housing Fund: In the event this Planned
Development, 835 Chicago Avenue ("Chicago + Main"), is converted to
condominiums, the Applicant shall contribute to the Affordable Housing Fund four
hundred forty thousand dollars ($440,000.00), amount consisting of ten percent
(10%) of the units paid at forty thousand dollars ($40,000.00) per unit.
(N) Public Art: Applicant will include public art in its development and visible to
pedestrians. Public art may be in the form of decorative stamped concrete
walks, special brick work, glass blocks, or landscaping art. The Applicant will be
responsible for all costs associated with the public art, including installation and
maintenance.
(0) 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.
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. 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: ` Ab \ l a�, 2014 Approved:
Adopted. �u�, Z$ 2014 ��` 2014
El*z beth B. Tisdahl, Mayor
Attest: Approved as to form:
Rod.P(ey Greene ity Clerk W. Grant Farrar, Corporation Counsel
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EXHIBIT A
Legal Description
LOT "A" IN THE MAIN CONSOLIDATION, -BEING A CONSOLIDATION OF LOTS 1, 2 AND 3 IN BLOCK
11 IN WHITE'S ADDITION TO EVANSTON_ IN SECTION 19, TOWNSHIP 41 NORTH, RANGE 14,
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
JANUARY 5, 1977 AS DOCUMENT NUMBER 23769201, IN COOK COUNTY, ILLINOIS.
PI Ns: 11-19-401-024-0000
COMMONLY KNOWN As: Unimproved vacant land, 835 Chicago Avenue, Evanston, IL
(approx. 30,500 sq. ft.)
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EXHIBIT B
Development Plans
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