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ORDINANCES-2013-005-O-13
• 1/14/2013 1/11/2013 5-0-13 AN ORDINANCE Granting Amendments to the Approved Planned Developments Located at 1890 Maple Avenue and 1881 Oak Avenue 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 a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 2012, as amended, ("the Zoning Ordinance"); and 5-0-13 WHEREAS, on July 10, 2006, the City enacted Ordinance 80-0-06, • 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 in the RP Research Park Zoning District for the property located at 1881 Oak Avenue, Evanston, Illinois (the "First Subject Property"), which is legally described in Exhibit 1; and WHEREAS, on October 1, 2007, the City enacted Ordinance 45-0-07, which, pursuant to the provisions of the Zoning Ordinance, granted a Special Use Permit for a Planned Development in the RP Research Park Zoning District for the property located at 1890 Maple Avenue, Evanston, Illinois (the "Second Subject Property"), which is legally described in Exhibit 2; and WHEREAS, on August 11, 2008, the City enacted Ordinance 90-0-08, which amended certain terms of Ordinance 45-0-07; and WHEREAS, on April 27, 2009, the City enacted Ordinance 30-0-09, attached hereto as Exhibit 2 and incorporated herein by reference, which amended certain terms of Ordinances 45-0-07 and 90-0-08; and WHEREAS, Robert C. King, owner of the Subject Properties, and Steven Fifield ("the Applicants") proposed a new site plan ("Revised Site Plan"), attached hereto as Exhibit 3 and incorporated herein by reference, that would govern the construction and operation of a unified Planned Development on the Subject Properties; and WHEREAS, in order to develop the Subject Properties in accord with the Revised &Ke-Plan, the Applicants request amendments to Ordinances 80-0-06, 45-0-07, 90-0-08, and 30-0-09 (the "Previously Approved Ordinances"); and • —2---,- 5-0-13 WHEREAS, the Previously Approved Ordinances .are pieces of legislation enacted by the City Council of the City of Evanston, subject to revision only by said City Council; and WHEREAS, on November 26, 2012, 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 considered the Applicants' request and voted to retain jurisdiction over said request; and WHEREAS, on January 14, 2013, the P&D Committee held a meeting, in compliance with the provisions of the Illinois Open Meetings Act, during which it considered the Revised Site Plan; and WHEREAS, during said meeting, the P&D Committee received input from the public, carefully deliberated on the Revised Site Plan, and recommended approval thereof by the City Council; and WHEREAS, at its meetings of January 14 and January 28, 2013, held in compliance with the provisions of the Illinois Open Meetings Act, the City Council considered the P&D Committee's recommendation, heard public comment, made findings, and adopted said recommendation; and WHEREAS, it is well -settled law in Illinois 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: —3— 5-0-13 SECTION 1: The foregoing recitals are hereby found as fact and • incorporated herein by reference. SECTION 2: The City Council hereby accepts the Revised Site Plan in order to allow the construction of a Planned Development on the Subject Properties in conformance therewith, pursuant to the Previously Approved Ordinances, as revised by this ordinance. SECTION 3: Pursuant to Subsection 6-3-6-12-(C) of the Zoning Ordinance, the City Council hereby grants the following Major Adjustments to the Planned Developments approved by the Previously Approved Ordinances: (A) The maximum area of retail space is decreased from twenty-one thousand, seventy square feet (21,070 ft) to four thousand square feet (4,000 ft). (B) The maximum number of dwelling units is increased from not more than three hundred forty-two (342) to not more than three hundred sixty-eight (368). (C) The number of enclosed off-street parking spaces is reduced from five hundred forty-one (541) to three hundred seventy-one (371). (D) The maximum heights of the residential towers are reduced from one hundred eighty-five feet (185') to one hundred sixty-five feet (165') for the West Tower (1881 Oak) and from one hundred fifty-eight feet (158') to one hundred forty-six feet (146') for the East Tower (1890 Maple). (E) The maximum floor area ratio ("FAR") for development on the combined Subject Properties is reduced from six and four tenths (6.4) to five and three tenths (5.3). SECTION 4: The schedules set forth in Subsections 6-3-6-4-(D) and 6- 12-1-7-(A) of the Zoning Ordinance, and in Section 4 of Ordinance 30-0-09 not withstanding, the Applicants shall have until December 31, 2013 to begin construction and December 31, 2015 to complete construction of the Planned Development on the Subject Properties pursuant to this Ordinance 5-0-13. . -4- 5-0=t 3 • SECTION 5: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicants' Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) The Applicants shall build, at their expense, new streetscapes for Maple Avenue, Emerson Street, and Oak Avenue adjacent to the proposed development and consistent with the City's specifications. (B) Recordation: The Applicants shall, at their cost, record a certified copy of this ordinance, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, and provide a copy thereof to the City, before it may apply to the City for any permits related to the Planned Development authorized by the Previously Approved Ordinances, as amended by this Ordinance 5-0-13. SECTION 6: Except as otherwise provided for in this Ordinance 5-0-13, all applicable regulations of the Previously Approved Ordinances, the Zoning Ordinance, and the entire City Code shall apply to the Subject Properties 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 5-0-13 shall govern.and control. SECTION 7: When necessary to effectuate the terms, conditions, and purposes of this ordinance, "Applicants" shall be read as "Applicants' agents, assigns, and successors in interest." SECTION 8: The findings and recitals 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. SECTION 9: All ordinances or parts of ordinances in conflict herewith are • hereby repealed. —5— 5-0-13 SECTION 10: This Ordinance 5-0-13 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: t, 2013 Adopted. o� $ , 2013 Attest: Approved: ,2013 Elizabeth B. Tisdahl, Mayor Approved as to form: &I A#77 rAYA-&4f, Rod71 Greened Clerk W. Grant Farrar, Corporation Counsel 6__ I 0 • I • EXHIBIT 1 Ordinance 80-0-06 5-b-13 -7- htyAve,:feet: -.':; :.:...:..... __. - ::...::::..:...:.:::;::.. r sidential . develo ment:m : the: eseareh Park :' Districf a , died' <:for. iri :"case::°°° no :ZPC 05 08 PD;as:amended by the Applicant on March 29;2006: _.:::..:. ::.:.....:. .: : A ::....::The:' planned: develtpmerit; as;. approved; meet s';the standards::for special .... t) _::....: : uses inSection 6.3 5.10 and the standards for special uses in the Research Park - - Distnct.in Section 6-12 1 r of the:Ordinanee:; in:that amon other reasons Paanrie'd.developrnents:`are' a'.iste `.;specla.:use;an..t.'e :. esea.rc - ::.::.-..::.. - Park District. `� (2) The re uested s ,ecial use, is in:. ee in `wit_ :purposes artd olices : . : q.... P P 9.. P P P =' of the:Com rehenswe General Plan CGP and the.Zoriin Ordinance in thanthe :. P..... {:.;. �9:; .:..: =- ::: = property is located.": in .:. tfie Research : District :The planned development Js ....... ::;consistent with :the goal of making downtown Eva nston'an;.attractive, convenient, .. :. and economically vital center of diverse activity The proposed use vviil develop a ,vacant site and' provide:new housing ani3 business aetivi , to this area; adding to the viatiiii and success of the downtown :The Sub'ect Pro a �s:.located in'..: tY 1 P' the. Central Business :District: identified b the Coin ro ensive:General`Plan as. ""'having.-.:.:.: _::mixture:::..> of retail, -_; :er�tertadiment `:::`institutional ° . and:!.-* residentia_I_uses . : 3- - I#:will not cause a.: negative cumulat ve::,effect::.on ..carious s ecial O 9 P ... :uses of all types m the immediate neigtiborhoad avid the City as a:whole m that it__... will enhance the taXaiase:.. 4 It will :not iraterfere. with. or diminish the value: of ro er.t m... nei glib" rhood In: that it will.e.nhance.the.t x - ..;.::: can., be: aqoq uatefY..servedY . b Public facilities:and:services::.::: ....-.::.., -.... It will riot cause undue. traffic congestion in ahaY it .is located near . -. - existin commuter rail and utilic transit lines All„ arkin and loadih§ facilities Viill:..; be; .accesse.,..:..rom ', a; :'..venue.:an : r10:: cur _:cu s'wi..: e..a, .e -_a On.9::::;:::::::'; Emerson Street T}e planned deVelopmetit:will .reduce potential .vehicle traffc by : locatin vehicular accessalon the ublic wa which has less: _edestrian.traffic 9 ��... p : Y .:: -. R .. ...: _.. _ Ci .s The :Traffic. Analysis..,indicates thAt;.added left turns from. Oak Avenue.;onto:;: tY .-;:Eiiaerson Street`:can:be<accorramodated'b :::aiidin ;;;extfa: �een.:time.: the ;:: east Y. 9. 9 ......:....... west Emerson Street dor.:and b ;': rohibitin arkiri on ahe north*::side°°of:' y .. 9 :.. .P ,.: ..iting ;. Emerson:.:between- Oak:"Awen.ue::: and Rid e'; Ave.nue:'durin .:th&! 6fterrioo.ri eak':.:: 9 :.. hours . ;TFie long:range solutiori:.is to' upgrade the EFnerson' Street signals: 7 :;.' ;The atandard that, the r quested :.s ecial::.use preserves significant`'.: ...--histoncal and architectural: resources is ina licab(e :`The -:Sufi ect.Pro e: `is.not ::r'_:::'`'' a landmark nor is it in a Historic District ... . ..... ... ... ..... . . tk . ..... . ..... tharit jo exceec rc e, .. ..... ...... ..... . . .. .... �rebygra:nted which re 6* h dollars 000.00) e! each: f: the represents the sumf..,:.o,, he t,'o..usand .:....::.: : 7, _._. ... ,_ .... _ .. ..:.. - ... .:.: '.:.: ...::.... ......:. _ .. . . .... _.__ .. ... :-„'. . ... . . ..:..:':: .... . . .:' .:. _. ..... _ ...... -. . - :......: .::' .... , ,: 88 0 Z.�. - ".:: _M. %;,- :.;:;_-;;:: :::::::::........ .... , , .: ... . <::ap roveds.::. maximum-'one:::h66' .:sixt -fiive: :165 :>dwell,n ::un, s .' is , ....::P::. ::::::.:. .::::.:::.::..' ::...:... .......::. _ .:.:... ,Y _:.. _.:: :.:...:...)..:..::; ...., . 9... _t.: a .to: the Ma _or: s ::::::::' :<: :;._..: _;'- . ':-::;::; '.;::; '::: F S ec,al ;Housr u c .;;.::,:::::: n ..:- n..., onsistent:wrt : t e:..Poltc..'of: he:_Con, rej. ;.::..:..,_ ;;<,_::;' =: ; _i'.-:......... _ ..... ::...:.. :,;-.:::... .: Y .._.. henswe,°General.::::';;;..: ;:::::::: :.:::%..:..::.-i ' .::..:.::...: ;:.. �... ;:...::'. :..:.......i..;>'.:' .: ..:.............., ,.:,:...::: .:.........:..:...::: -...: _. l. P(an .to "encou.rage; proposals from the pi�ate.sector.ttiat,wll rnainta,n ,tile su I ` _ . . P Y ..:: _ . :. .-;_;..:_.:qf -.:.....:.. ... _ .:..... . .......:.........-_ .......:................ „. .:: : ::....... . moderafely=pr ced; housin ; .both: rental:and:owner-occu ,ed`:';:'and:... . P ..:_,: ................lj� - _...: .: .:... _.. ..:. ;... _:,., :._..:: t. ............ _ .........::.....':. .:..:': „. . 2 _: Thi f, O ... ve.thousap. do{tars: ( 35:,.d00:Q0) to:the City 'to fund ezisf,n ;: xt:.:: :...._ .:.....: ;- '.: ;.9 :.:.. . , and. ro osed Cr ..::.::..:,:.:_ . P ... P ty of:Evariscri :outti:"ob fra.inin. fn rams::.to :re ain# a : _ :::.:'::..:::: i.1 9 ,.:... '. p he, vraduct _ at tile.. intersection of :Emerson.Streei.t and Ridge Avenue or: #a.=improve #raff{c flow. :: .. aiorig Emerson Street:between R,ctgeanti Maple Avenues: il. _ .:.:" . ........... .:::E::.. _ . . C : = . ;That .tie Applicant wrll Have, as, a :prrma oa}, the.:. em. to rnent .I.o1.f .twee i..,.: .. tve.;: 2 van-stori 'resrtle ts::.... ' il.n . Sa,d. residents'l:.w,#hout r ,and: t .I.,... .;;.;: ;:.;: ;;:;;;:.; .;:;;.''.:;,'..:.-;: ..'.:._j...:..,'..,:_::..- ;:': '.:::...'...:.:.; - :.,:.:...:.:.:.:. ,. ; ...:... o sex .race :or::::..:.:..,._:. _ :.... ;:.......: - .. . ty can be sub-contractors.:arvendors to the-:deve}o ment The A !,cant - ' :: ' :_ , p p. : vy,l} lyre as many competent.minopty :andlor'wQrrien:':Evanst_on s4.ubcontractors, workers; 'and residents a79 ....,ble fortl�e construction of this ro'ect ... -. ` 1:11,::' :. (D} :':That ahe.:Devefoper will ,ncZI—orporate tle: 'cornerstones of the 'Emerson ::. YMCA and Buller bui ings:.into the plaza along Emerson Street ..:. - -' ......:.. ...:.:.. .,,. SECTlO.N 7 When ;necessary to effectuate ahe terms conditions :. _..... and ,purposes of i.th,s .Ordinance, `"Applicant":shall read as "Ap-Itcant-- agents :.. ::::.:.:::_ ... . ..':'�.;::r': .....; -::.... ...r. :...-: ': _: .::. ''. ': :::: :..: ... ......:. .. . , ac: _. ::: !.�; :: ::'.:':i:::: :`': : i ."' .. ": .:.,r;: ,:':: '..-::- ::' ::.' .:"" " ::'.S:`::::::�' ::.i A:L:'i.'.'::M:: :`. '. i :::' :: ; :`.:::i: ` ..,_ :._.:' ::.`i :''; .`:: :.;: ,assign and successors,n:.rnterest . _......._ -..._._._ -..: : _ .... . . ,..., _-. I. .... _.... J. .. . ..... .... _ ......: , .::. ....:.... P . _ . .... c 11 . . THat..the::A i,cant.:.rs;:re u,re o r rd a cett�_... ::: ,......, ...' : , ... -. of..this Ordinance7:1, ..t its 'cost, inc(udrng all. Exhibits attached hereto;,-withi. the ' ::. _::.. . .... .. ...... - - - :is:.::.._:.:_:JiiE::::::'Li:::::.:':`::::.':-'.'::':::_::'.:::'.:::-'::..::..'';:::.'.:_`,"!:. _:.:-::f:::i:'-i:::-':.i_::.':i�:i"� :�':.::.:::e: 5-':;-_.:.-:::: :..::i:::i::: _.'::.:�:.._._::.:..;:i'::.:.::''':::'::::..-:.:.'.:..:::.:.�i:::.:::':'.::':_: ':';:!::Gi::: Fiiiil- Cook.C.ount Recorder of:Deeds..t efore an Cit errnits. may: be obta,r ed:_:;.iiiY Y..YP..... ..:- :::::::::::::.::: -_ ,_:::...::.:::::.:::: : ... ..::::..::.-...::._ _..:.._:..:._:. _ ....:.::.:: _ ....... ... .:. :..::::::: .::::::.:::> :;: :ECTIQN::9:: T'hat.'all;.ordinances o:r . .:.' - _ ,........:..: -.. _ ... a ::;:':..:: >::.- :.l' _ :::,...,.....,. rts of ordinances , .:. P ..:.:.: .... n. conflict::.;:::;: ;;.::::::::::::;::: _:;.::::: --lgw--- - .... ....- =' = herewith. are hereb .." eared = ip . ... - .. . . _' : _ : C _:::::::Y:::. `<,;::SE;.. TIQN: . :........ .::..._ _........... .... .:.._ ...:: :..:.. ............ . 1. .:.:..::::.::<'. ......:....::. _ om. on ..and . of#er :.rts passage; approva{,:: _:.and publication - in„ th'e" I.marine. :.:: _.... ........ :: _.:..:.::........._....._.............. .......::..::......:..._ .....................:...:::._. .... .._......:.. . _............._ .... _....._....__ ........ ll. Ill :illil . . .::: _: _ - :..... _ . .... . ...... .... -.- ,:..... . _.. ... . A es :l" .... _ . .. ._. _ .. _............. . ........ ....::....... - ' .... Nays. ::. . :' :.:. . _-;.. ::. _ ..... U.i_. _ -: 5-043 EXHIBIT 2 Ordinance 30-0-09 • 11 • WC • 4/7/2009 30-0-09 AN ORDINANCE Amending the Special Use for a Planned Development Located at 1890 Maple Avenue In the RP Research Park Zoning District Granted and Amended by Ordinances 45-0-07 and 90-0-08 WHEREAS, on October 1, 2007, the City enacted Ordinance 45-0-07, which granted Carroll Properties, Inc. (the "Applicant"), a Special Use for a Planned Development on the property located at 1890 Maple Avenue (the "Subject Property"), legally described in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, on August 11, 2008, the City enacted Ordinance 90-0-08, attached hereto as Exhibit B and incorporated herein by reference, which amended certain terms of Ordinance 45-0-07; and WHEREAS, the Applicant has submitted to the City's Community Development Department proposed amended site plans (the "Amended Plans"), attached hereto as Exhibit C and incorporated herein by reference, that differ from the plans included as Exhibit 2 of Ordinance 90-0-08 as to the commercial space square footage and the number of dwelling units and parking spaces; and WHEREAS, pursuant to Section 9 of Ordinance 45-0-07, the Applicant seeks amendments to Ordinances 45-0-07 and 90-0-08 in order to construct the Planned Development in accord with the Amended Plans; and • 30-0-09 • WHEREAS, in order to construct the Planned Development in accord with the Amended Plans, the Applicant does not require any additional relief from the terms of Title 6 of the Evanston City Code, 1979, as amended ("the Zoning Ordinance"); and WHEREAS, at its meeting of March 23, 2009, the Planning and Development Committee of the City Council discussed the Amended Plans and directed staff to prepare an ordinance that would amend Ordinances 45-0-07 and 90-0-08 in accord with the Amended Plans; and WHEREAS, at its meeting of April 14, 2009, the Planning and Development Committee considered the requested amendments to Ordinances 45-0-07 and 90-0-08 and recommended City Council approval of the same; and WHEREAS, at its meeting of April 27, 2009, meeting, the City Council considered and adopted the record and recommendations of the Planning and Development Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are found as fact and made a part hereof. SECTION 2: That the City Council hereby accepts the Amended Plans and permits the construction and operation of a. Planned Development on the Subject Property, in substantial conformance with the Amended Plans, pursuant to Ordinance 45-0-07, as amended by Ordinance 90-0-08 and this Ordinance, 30-0-09. —2— • 30-0-09 SECTION 3: That, pursuant to the Amended Plans, Section 9 of Ordinance 45-0-07, and Section 3 of Ordinance 90-0-08, the City Council hereby permits the Applicant to build the Planned Development with: (a) no second -floor retail space; (b) approximately nineteen thousand seven hundred square feet (19,700 sq. ft.) of first -floor retail space instead of fifteen thousand five hundred square feet (15,500 sq. ft.); (c) one hundred seventy-seven (177) dwelling units instead of one hundred fifty-four (154); and (d) two hundred ninety- four (294) off-street parking spaces within the building instead of two hundred forty-nine (249). SECTION 4: That, pursuant to the motion adopted by the City Council at its meeting of February 23, 2009, the Applicant shall have until October 1, 2013, to begin, and until October 1, 2014, to complete construction of the Planned Development as per the terms of Ordinance 45-0-07, as amended by Ordinance 90-0-08 and this Ordinance, 30-0-09. SECTION 5: That, when necessary to effectuate the terms, conditions, and purposes of this Ordinance, 30-0-09, "Applicant" shall be read as "Applicant's agents, assigns, and successors in interest." SECTION 6: That the Applicant, at its cost, shall record a certified copy of this Ordinance, 30-0-09, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, before the City may issue any permits or licenses related to the construction or operation of the Planned Development authorized by Ordinance 45-0-07, as amended by Ordinance 90-0-08 and this Ordinance, 30-0-09. -3- 3a-o-0s • SECTION 7: That, except as otherwise provided for in this Ordinance, 30-0-09, all applicable regulations of Ordinances 45-0-07 and 90-0-08, 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 of this ordinance, this Ordinance, 30-0-09, shall govern and control. SECTION 8: That 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 do not depend upon the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 9: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10: That this Ordinance, 30-0-09, shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. —4— • • Introduced: Adopted: (Il, 30-0-09 2009 Approved: , 2009 n , 2009 �orraine H. Morton, Mayor A Approv to form: odney r ne,-dity Clerk 61ke Tober-� Inl&rirtf- First Assistant Corporation Counsel -5- EXHIBIT A LEGAL DESCRIPTION PARCEL 1: 30-0-09 • LOT 1 (EXCEPT THE WEST 20 FEET THEREOF) IN CITY CONSOLIDATION No.1 OF LOTS 1, 2, 3, 4, AND 5 IN CIRCUIT COURT SUBDIVISION OF PARTITION OF LOT 22, BEING A TRIANGULAR PIECE OF LAND BOUNDED ON THE NORTH BY EMERSON STREET, ON THE SOUTHWESTERLY BY EAST RAILROAD AVENUE AND ON THE EAST BY MAPLE AVENUE (EXCEPT 1 ACRE IN THE NORTHWEST CORNER THEREOF) IN COUNTY CLERK'S DIVISION, IN THE WEST 1/z OF THE NORTHWEST % OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN; IN COOK COUNTY ILLINOIS; TOGETHER WITH THE WEST 20 FEET OF THE NORTH HALF OF THE VACATED 16 FOOT ALLEY LYING SOUTH OF AND ADJOINING SAID LAND. PINS: 11-18-112-045-0000 11-18-112-046-0000 COMMONLY KNOWN As: 1890 Maple Avenue, Evanston, Illinois. • • • EXHIBIT B ORDINANCE 90-0-08 -,- 30-0-09 30-"9 / EXHIBIT B Page 1 of 25 7/23/2008 AN ORDINANCE Amending the Special Use for a Planned Development Located at 1890 Maple Avenue In the RP Research Park Zoning District Granted by Ordinance 45-0-07 WHEREAS, on October 1, 2007, the City enacted Ordinance 45-0-07, attached hereto as Exhibit 1 and incorporated herein by reference, which granted Carroll Properties, Inc. (the "Applicant"), a Special Use for a Planned Development on the property located at 1890 Maple Avenue (the "Subject Property"), legally described in Exhibit A of Ordinance 45-0-07; and WHEREAS, Section 8 (L) of Ordinance 45-0-07 requires the Applicant to `use all commensally reasonable efforts to locate an appropriate grocery/food store tenant for the first -floor retail space" of the proposed Planned Development granted by thaterms of said ordinance; and WHEREAS, the Applicant has submitted to the City's Community Development Department proposed amended site and landscape plans (the "Amended Plans'), attached hereto as Exhibit 2 and made a part hereof, that differs from the site plan included as Exhibit B of Ordinance 45-0-07; and WHEREAS, the Applicant warrants that it created the Amended Plans in -order to conform to the business needs of Trader Joe's, a commercial grocer and potential tenant for the aforementioned first -floor retail space; and • • 30-0-091 EXHIBIT B Page 2 of 25 • 90-0-08 C: • WHEREAS, the Applicant warrants that Trader Joe's will not enter into a lease for the first floor retail space unless the Planned Development is constructed in accord with the Amended Plans; and WHEREAS, in order to effect construction of the Planned Development in accord with the Amended Plans, the Applicant seeks amendments to Ordinance 45-0-07 and relief from some of the terms of Title 6 of the Evanston City Code, 1979, as amended ( the Zoning Ordinance'"); and WHEREAS, at its July 28, 2008, meeting, the Planning and Development Committee of the City Council considered amendments to Ordinance 45-0-07 and recommended City Council approval of the same; and WHEREAS, at its August 11, 2008, meeting, the City Council considered and adopted the record and recommendations of the Planning and Development Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: a part. hereof. SECTION 1: That the foregoing recitals are found as fact and made SECTION 2: That the City Council hereby accepts the Amended Plans and permits the construction and operation of a Planned Development on the Subject Property, in substantial conformance with the Amended Plans, pursuant to Ordinance 45-0-07, as amended by this Ordinance 90-0-08. -2- 30-0-091 EXHIBIT B Page 3 of 25 90-0-08 • SECTION 3: That, pursuant to the Amended Plans and Section 9 of Ordinance 45-0-07, the Applicant will not build commercial space on the second floor. Said reduction in retail space: (a) increases the maximum number of dwelling units from one .hundred fifty-two (152) to one hundred fifty-four (154); (b) changes the number of off-street parking spaces enclosed within the building from two hundred sixty-nine (269) to two hundred forty-nine (249); and (c) eliminates the need for forty-four (44) off -site, off-street parking spaces. SECTION 4: That the City Council hereby amends the condition set forth in Section 8 (J) of Ordinance 45-0-07 to read as follows: (J) ., Trucks longer than thirty feet (30') making deliveries to or moving residents. into the Subject Property shall not be permitted to use the private drives within the city block located in Evanston bounded to the north by Emerson Street, to the east by Maple Avenue, to the west by Oak Avenue, and to the south by University Place ("the Block"), except for any first -floor retail grocer tenant, which may receive such deliveries from trucks not to exceed sixty-two feet (62') in length. The retail grocer tenant shall endeavor to neither schedule nor accept deliveries by trucks longer than thirty feet (30') between the hours of 7:00 a.m. and 9:00 a.m. and the hours of 4:00 p:m. and 6:00 p.m. on any day other than Saturday or Sunday. When accepting a delivery from any truck longer than thirty feet (30'), the retail grocer tenant shall employ a flag person to assist the truck driver maneuver between the private drive(s) and University Place. SECTION 5: That, pursuant to Section 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the grant of the amendments to the Special Use for a Planned Development: (A) At its sole cost and expense, the Applicant shall create engineering plans for, and thereafter construct, any modifications to the curb, sidewalk, or parkway necessary to accommodate the construction of the Planned Development authorized by the terms of Ordinance 45-0-07, as amended by this Ordinance 90-0-08_ Said plans shall be subject to review and approval by the City's Public Works Department. -3- 30-0-09 / EXHIBIT B Page 4 of 25 • 90-0-08 I • (B) The Applicant shall pay to the City annually, prior to December 31 st of each year,'the sum of four thousand five hundred dollars ($4,500.00). Said money shall' :replace revenue lost due to the removal of two (2) metered parking spaces on University Place in order to allow construction of the Planned Development authorized by the terms of Ordinance 45-0-07, as amended by this Ordinance 90-0-08. The annual fee shall be adjusted to match any. change, enacted by the City Council, to the parking meter rate for the district wherein the Subject Property is found. SECTION 6: That, Section 6-3-5-15 (A) of the Zoning Ordinance notwithstanding, the Applicant shall have until October 1, 2010, to begin, and until October 1, 2011,..to complete construction of the Planned Development as per the terms of Ordinance45-0-07, as amended by this Ordinance 90-0-08. SECTION 7: That, when necessary to effectuate the terms, conditions, and purposes of this Ordinance 90-0-08, "Applicant'` shall be read as "Applicant's agents, assigns, and successors in interest." SECTION 8: That.the Applicant, at its cost, shall record a certified copy of this 'Ordinance 90-0-08, including all Exhibits attached hereto, with the Cook County Recorder of 'Deeds, before the City may issue any permits or licenses related to the construction or operation of the Planned Development authorized by Ordinance 45-0-07, as amended by this Ordinance. SECTION 9: That, except as otherwise provided for in this Ordinance 90=0-08, all. applicable regulations. of Ordinance 45-0-07, the Zoning Ordinance, and the entire City Code shall apply to the Subject Properly and remain in full force and effect wWrespec 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 of this ordinance, this Ordinance 90-O- shall govern and control. -4- 30-0-09 / EXHIBIT B Page 5 of 25 90-0-08 • SECTION .10: That if any provision of this Ordinance 90-0-08 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 do_ not depend upon the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION- il: That all -ordinances or parts of ordinances in conflict herewith -are hereby repealed: SECTION 12: That this Ordinance 90-0-08 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduoed: 28 ,.2W8 Approved: Adopted: 1 i , 2008 , 2008 Rpdney ene, City Clerk Lo-Line H. Morton, Mayor Approved to fort: Elke Tober-Purse, lnwdf fI First Assistant Corporation Counsel -5- • i S. 30-0-09 / EXHIBIT B Page 6 of 25 90-0-08 EXHIBIT 7 ORDINANCE 45-0-07 Qm 30-0-09 / EXHIBIT B Page 7 of 25 9/24/2007 6/26/2007 6/18/2007 5/18/2007 45-0417 AN ORDINANCE Granting a Special Use for a Multifamily Residential and Commercial Mixed -Else Planned Development with Accessory Parking ti-oeated att 1890 Maple Avenue In the RP Research Park Zoning District WHEREAS, Carroll Properties, Inc., contract purchaser (the "Applicalttt"), with permission from 1890 Maple, LLC, owner of the property located at 1890 Maple Avenue (the "Subject Property"), legally described in Exhibit A, attached hereto and made a part hereof, submitted a completed application on December 5, 2006, pursuant to the provisions of Title 6 of the -Evanston City Code, 1979, .as amended, ("the Zoning Ordinance"), specifically, Section .6-3-5, "Special'.{lses`;.Section 6-3-6, "Planned Developments'; Section 6-12-2-3, "Special .Uses in. the RP Research Park District"; Section 6-12-1-7 (D), 'Mandatary Planned Develop M- ent Minimum Thresholds"; and Section 6-12-2-8, "Building Height", for a special use'to permit the construction and operation of a Multifamily residentiat and commercial mixed -use„ planned development with accessory parking at the . Subject Property; located in the RP Research Park Zoning District (."RP Ditiric"), and WHEREAS; the Applicant sought approval for approximately one hundred *-two (152) dwelling units, a maximum defined building height of - .. approximately one hundred fifty-eight feet (158'), approximately forty thousand • 30-0-091 EXHIBIT B Page 8 of 25 45-0-07 square feet (40,000 sq. ft) of commercial space, a defined gross floor area (e.x - ding parking. loading, storage, mechanicals, and uses accessory to the building) of ..approximately one hundred eighty-three thousand, nine hundred twenty-seven square feet. (183;927 sq. ft), resulting in a floor area ratio of approArnatety four and'93/10.0-(4.93), and approximately two hundred sixty-nine (269) off-street parking spaces enclosed within the buiiding and forty-four (44) off -site off4treet parking spaces; and WHEREAS, fhe Plan Commission held public hearings on the application, case no. ZPC 07-OVPD, pursuant to proper notice, on February 21, 2007, March 14,-. 2007, and A.-pM 11. 2007, heard testimony and received other evidence, made verbatim. transcripts and written findings, and recommended that the City- Counci(approve ttie application; and WHEREAS, construction of the Planned Development, as proposed in the application, requires an exception from the strict application of the Zoning Ordinance pertaining to maximum building height; and WHEREAS, pursuant to Sections 6-3-6-4, 6-3-0-5, and 6-3-6-6 of the Zoning Ordinance, a planned development may provide for development allowances and modifications to site development allowances that depart from ancffoi� . exceed maxiimum building height restrictions and other regulations established in the Zoning Ordinance, subject to approval of the City Council; and WHE`li'iEAS, the Plan Commission's written findings state that the application for the proposed planned development meets the standards for special uses indicated in .Section 6-3-5-10 of the Zoning Ordinance: adequately 0 -2- 30-"91 EXHIBIT B Page 9 of 25 45-0-07 • addresses the general conditions for planned developments in RP District Indicted in Section 6-12-1-7 (A) of -the Zoning Ordinance; adequately addresses the site controls and standards for planned developments in RP District indicated in Section 5-12-127 (B) of the Zoning Ordinance; and adequately addresses the development allowances for planned developments in the RP District indicated in Section fi=12-1-7 (C) of the Zoning Ordinance; and WHEREAS, the Plan Commission recommended approval of the application for a special bse for a planned development; and WHEREAS,' -at its May 29, and June 11, 2007 meetings, the Planning and Development Committee. of the City Council considered the record in Case No. ZPC 07-01 PD; and WHEREAS, -at .the May 29, 2007 meeting of the Planning and Development: Committee, the Applicant proposed that the second floor of commercial retail space be optional;' and WHEREAS, at its June 11, 2007 meetings, the Planning and Development Committee: adopted. the findings and recommendations of the Plan Commission, and recommended: approval by the City Council; and VVHERFAS,. the City Council, at its June 11, June 25, July 9, and September 24 Z007 meeting$,: considered, amended, and adopted the respective records and recommendations of the Plan Commission and the Planning and Development Committee, ass: amended; -3- • 10-0-09 [EXHIBIT B Page 10 of 25 • 45-0-07 - NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL -OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SI=CTION 'f:- That the foregoing recitals are found as facts and made:a part hereof. SEt~TION 2: That the City Council hereby finds that the special use for a multi -family residential and commercial planned development with .accessory parking in'the RP District, applied for in case no. ZPC 07-01 PD, as approved, meets the standards for special uses in Section 6-3-5-10 in that, .among other reasons:. -(A-) :Planned developments are a listed special use in the RP District; (B) The requestedspecial use °is in keeping with purposes and polices of the Comprehensive General Plan (-CGP") and the Zoning Ordinance; (C) The proposed planned development will not cause a negative cumulative effect on various special uses of all types in the immediate neighborhood and the City -as a whole in that the site is an appropriate location for multi- family residenW with ground floor retail and has adequate capacity for of - street parking and .loading; (D) The proposed planned development will not interfere with or diminish the value of.property in. the neighborhood in that it will replace a nearly vacant office building with a structure containing mixed residential and retail uses of an appropriate scale, density, design, and materials; {E) The proposEed .planned development can be adequately served by public facilities and .services; (F) The proposed planned development will not cause undue traffic congestion and the Applicanr.s donation of one hundred fifty thousand -dollars ($150,000.00) toward the costs of signal modernization and coordination within the...Einerson corridor from Elgin to Asbury will improve traffic ciroulation; and (G) It will comply with all, ether applicable requirements, except as modified by this Ordinance 45-0-07, in that this Ordinance is conditioned upon construct►on and ' operation of the subject planned development in accordance with all applicable requirements. • -4� 30-0-091 EXHIBIT B Page 11 of 25 • 45-"7 SECTION 3: That the City Council hereby finds that the special .use for a multifardily residential and commercial mixed -use planned development Wth .aocessory parking in the RP District, applied for in case no. ZPC 07-01 PD. as approved, meets- the. general conditions for planned developments in the RP District in Section. 6-12-1-7 (A)'in that, among other reasons: (lA) The.proposed piarWed development, to be built in a transition area along a major thoroughfare, is compatitrle with the surrounding environment; (B) Ttie pro posed:.Iand use:is compatible with the Zoning Ordinance and the Gity's Comprehensive General Plan ("CGP"); (C.) The proposed.land use intensity is consistent with the Zoning Ordinance and the CGP: (D) The proposed housing is consistent with the Zoning Ordinance and the CGP; (E) The proposed ' planned development will not cause undue traffic congestion -and .the Applicant's donation of one hundred fifty thousand dollars ($150,000.00) toward the costs of signal modernization and coordination within the Emerson corridor from Elgin to Asbury will improve traffic circulation; (F) The proposed planned development can be adequately served by public facilities and services; (C3.j:. Thepruposed.plah.ned development is consistent with the City's Design Guidelines for Ptantied Developments in that it is consistent with transit - oriented det►ebpmerl#,_ given the site's proximity to the (UIETRA and CTA stations, and tile. Applicant is commended for seeking LEED (Leadership in -Energy and Erfvirnritanetital'Design) certification for the building; and {Ff) The project.will enhance the taxable value of the Subject Property in that it will replace a vacant. office building in a prominent comer of the Research Park. The mixed residential and ground floor retail use should stimulate economic revitalization =of. the retail environment at this northern edge of downtown and along the Emerson corridor by providing retail spaces and increased pedestrian traffic -from the residential use. -5- • • ;7 30-0-091 EXHIBIT B Page 12 of 25 45-0-07 SECTION 4:, That the City Council hereby finds that the special use for a multifamily residential and commercial mixed -use planned development with accessory park{ngAn the. RP District. applied for in case no. ZPC 07-01 PD, as approved, meets. the site controls and standards for planned developments in the Residential District iri Section 6-12-1-7 (B) in that, among other reasons: (A) The: Subject Property is approximately thirty-seven thousand. two hundred eighty-three square feet (37,283 sq_ ft.), exceeding the established minimum -of nineteen thousand five hundred square feet (19,500 sq. ft.); (B) The Applicant will construct sidewalks with landscaping along the Emerson Street and Maple Avenue frontages in substantial compliance with the Development Plans, attached hereto as Exhibit B and made a part hereof, (C) The proposed planned development will not cause undue adverse affects on residential parking uses due to the accessory off-street parking; (D). 'The proposed planned development shall provide minimum hazards to vehicular and. pedestrian traffic; and (E) The .Applicant, at 4. sole cost and expense, shall, if feasible, bury the existing utility lines that serve the Subject Property. SECTION'S: That the City Council hereby grants the application in case no: ZPC 0141 PD; for a special use for planned development to allow construction and operation of a multifamily residential and commercial mixed -use planned development with accessory parking on the Subject Property, legally described in Exhibit. A. attached hereto and made a part hereof, with approximately one hundred fifty-two (152) dwelling units, a maximum defined building height of approximately one hundred fifty-eight feet (158'), approximately (arty thousand square feet (40,000 sq. ft.) of retail commercial space and approximately two hundred .sbdy-nine (269) off-street parking spaces enclosed within the building and forty-four (44) off -site off-street parking spaces. 30-0-09 / EXHIBIT B Page 13 of 25 d5-O-07 SECTION 6: That an exception to site development allowances is essential to achieve one or more of the public benefits set forth in Section 6-3-6- 3, the Council hereby finds that granting the special use for a planned development in case no. ZPC 07-01 PD will provide the following public benefits: (A) Enhancement, of desirable site characteristics and open space by improvhng -the $pitting streetscape along Emerson Avenue and creating a - public plain area at the gateway to Downtown Evanston; (B) Excellent architectur'al features and design sensitive to the area; (C) Provision -of .,a. variety: of housing types in accordance with the City's housing goals..specifically rental housing near downtown; (D) Elimination of a. blighted, vacant office building through redevelopment, replacing it with residential and retail use; (E) Commercial and residential development that will enhance the local economy and strengthen the retail and real estate tax base; (F) Efficient use of the land resulting .in more economic networks of utilities, streets, schools, public grounds, buildings, and other faciiities; {G) Substantial incorporation of generally recognized sustainable design practices and/or -building. materials to promote energy conservation and improve environmental -quality, specifically LEED certification. $ECTION 7: Pursuant to the terms and conditions of this Ordinance, the authority to exceed the following site development allowance is hereby granted' (A) To allow -a maxlhtum. defined building height of approximately one hundred - :fifty-eight feel (158'). Section 6-12-2-8 of the Zoning Ordinance otherwise permits a maximum height in the Research Park District of eighty -fire feet Section 6-12=1-7(C) allows for a height increase over that otherwise permitted to achieve the building density desired in the Research Park Master Plan. -7- • • L� 30-0-09 / EXHIBIT B Page 14 of 25 45-0-07 8ECTIOM-8: That, pursuant to Section 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the grant of the requested special use for a planned development_ (A) The Applicant shall construct the planned development approved hereby in substantial conformance with the terns and conditions of this Ordinance, all other applicable legislation and requirements, and in accordance with Applicant's representations to the Site Plan and Appearance Committee, Plan Commission, Planning and Development Committee, and City Council. In the event that Applicant's representations to the foregoing booties conflict with the terms of this Ordinance, the Ordinance shall goovem:and control in all such instances. (B) The Applicant, .at its sole cost and expense, shall construct and/or install -.sidewalk.-.and landscaping along the Emerson Street and Maple Avenue frontages in iubstanlialicompliance with the Development Plans, attached hereto: as Exhibit Band maide a part hereof. (C.). : The Applicant, at its sole cost and expense, shall, if feasible, bury the existing utility lutes that serve the Subject Property_ The Applicant shall restore any landscaping disrupted by such work to its condition prior to commencement of such work. . (©.) The Applicant . shall. employ unbalanced glazing to reduce noise transmission to the. Subject Property. (E) The Applicant shall' -use thermally broken frames for all exterior glazing to reduce noise transmission to the Subject Property. {F) The .Applicant shall construct all south -facing balconies with concrete fronts and solid glass railings to enclose the ends of said balconies to reduce noise transmission to the Subject Property. (G) .. The Applicant shalt construct all south -facing walls, except for any associated glazing, with poured -in -place concrete and masonry to reduce noise transmission to the Subject Property. (H) The,. Applicant. Shall: articulate the bottom faces of any south -facing balconies that project from the building with a decorative pattern to reduce noise transmission to the Subject Property and enhance the appearance of the proposed planned development. -a- 30-0=09 / EXHIBIT B Page 15 of 25 • 45-0-07 (1) Prior to issuance of a building. permit, the Applicant shall execute and deriver to the owner -of the p,operty located at 1001 University Place in Evanston., i11inoisi_ a recordable notice recognizing the concerns regarding noise emanating: -from the rooftop of 1001 University Place. (J) Truc kt longer than thirty feet (30') making deliveries to or moving residents into the - Subject Property shall not be permitted to use the private drives within the city block located in Evanston bounded to the north.by Emerson Street, to the east by Maple Avenue, to the west by Oak Avenue, and to the south by University place ("the Block"). (K) Prior to issuance of a- temporary certificate of occupancy, the Applicant shall provide a modification to the existing service drive easement for the Black to; (1) widen said drive from seventeen feet (1T) to twenty-one feet (217 to allow for two (2)-lane operation and improved truck access to the Block; and (ii) transfei snowplowing responsibility from the owner of the propefty located at 1001 University Place in Evanston to the Applicant. (L) The Applicant; for a nin@ (e)4month period from the date of the Ordinance, shawl use all commercially reasonable efforts to locate an appropriate groeery/food.sUwe tenant for the first floor retail space of the Project (the "First Fioor'Spac�')_ 60 a. monthly basis commencing on the date of this Ordinance; the Applicant shall provide the City Manager with a written summary. of its efforts to locate and secure a grocery/food store user for the First Floor Space. to the event the Applicant is not able to lease the .Fist Floor Space to a grocery/food store user by the expiration of such nine (9)-month period, the Applicant shall: (i) continue to provide the City with monthly updates summarizing the Applicant's efforts to find an end. user(s) for the First. Floor Space; and (ii) be permitted to lease the First Floor Space to eny other commercial, office or retail tenant permitted by the applicable terms of the Zoning Ordinance; provided however, without the City's prior consent, for a period of ten (10) years commencing on the date of this Ordinence, no portion of the First Floor Space shall be occupied by a Convenience Store as such term is defined in the Zoning Ordinance in effecta*s of the date hereof, SECTION 9: If. the Applicant determines that retail use for the second -floor commercial .space is not viable, the Applicant shall use commercially reasonable efforts to cause such second -floor space to be used for other commercial or office uses. If the Applicant determines that a commercial or Office use for the -second-floor. space is not viable, then the Applicant, • —9— 30-"9 / EXHIBIT B Page 16 of 25 45-0-07 notwithstanding anything to the contrary contained in this Ordinance, shall have the option to donstruct additional residential units instead of the second floor of commercial space and,. in such event, to modify the number of parking spaces and loading spaces provided_ for the Subject Property to satisfy the applicable requirements of the Zoning Ordinance, as determined by City staff during the permitting process. .The .Applicant must exercise said option prior to installing a foundation on the Subject Property or forfeit said option. SECTI4M.10: Should the Applicant convert the residential units provided for herein from -rental loowner-occupied, the planned development: (A) shall be deemeda covered development as defined in Section 5-7-3 of the City Code, and (B) shall be subject to all requirements of the Inclusionary Housing Ordinance as -defined in True 5, Chapter 7 of the City Code. SECTION 11:.When necessary to effectuate the terms, conditions, and purposes of this Ordinance, "Applicant" shall read as "Applicant's agents, assigns, and successors to interest." SECTION 12: That the Applicant shall record a certified copy of this Ordinance, at its .cost, including all Exhibits attached hereto, with the Cook Cou.nty Recorder -of Deeds, before the City may issue any permits related to the construction of the proposed planned development hereby authorized. _10—. -- -. 30-"91 EXHIBIT B Page 17 of 25 45-0-07 SECTION 13: If any provision of this Ordinance or application thereof to m.y-person or circumstance is held 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 44: That all ordinances or parts of ordinances in conflict herewith.are hereby repealed. SECTION 1.5: That.this Ordinance shalt be in full force and effect from and after its passage, approval, and publication in the manner provided: by law. SECTIG":16: Except as otherwise provided for in this Ordinance, all applicable regulations. of the toning. Ordnance shall apply to the Subject Pi'o' perty and remain. in full force and effect with respect to the use and development of the same. Introduced: �-9 , 2007 Approved: Lf Adopted' � . 2007 .2007 Attest:: Iut�►ry a ity perk Lori iqe H. Morton, Mayor Ap>rc ved as to fo He4grt D. Hill First Assistant Corporation Counsel • IJ L] 39-0-09 / EXHIBIT B Page 18 of 25 45-0-07 EXHIBIT A LEGAL DESCRIPTION OF 1890 MAPLE AVENUE PARCEL 1:. LOT 1 (EXCEPT THE WEST 20 FEET THEREOF) IN CITY CONSOLIDATION NOA OF LOTS 1, 2, 3. 4; AND 5 IN CIRCUIT COURT SUBDIVISION OF PARTITION OF LOT 22.11-BEING _A TRIANGULAR PIECE OF LAND BOUNDED ON THE NORTH BY EMERSON STREET, ON THE SOUTHWESTERLY BY EAST RAILROAD AVENUE AND ON THE EAST BY MAPLE AVENUE (EXCEPT 1. ACRE IN THE NORTHWEST CORNER THEREOF) IN COUNTY CLERK'S DIVISION, IN THE. WEST K OF THE NORTHWEST %, OF SECTION 18, TOWNSHIP 41: FORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN; IN COOK COUNTY ILLINOIS, TOGETHER WITH THE WEST 20 FEET OF THE NORTH HALF OF THE VACATED 15 FOOT ALLEY LYING SOUTH OF AND ADJOINING SAID LAND. 30-"9 [EXHIBIT B EXHIBIT B DEVELOPMENT PLANS -13- Page 19 of 25 45-0-07 0- j Ll 30-0-09 / EXHIBIT B Page 20 of 25 ' MAPLE AVENUE Wr 'y 1 uj W ' 1881 OAK AVENUE a uj PJ 1033 UNIVERS11Y PLACE 1001. UNNERWY PLACE ` it Fit 1 UNIVERSITY PLACE �S E i1TI NAN r,....__ .......... 11390 MAKE AVENUE 1•..ar.a m7uJI D �� - �� vEt is F r :da li; i '�`. M.lfti! } � cr'�.'C. -s•- Z�IIiR7k: .i-�^"�`�1�� it ot s 2f J L Re, Z 93 if2'i�y 3lSp SL7Y t o-" J; t log" E+ � gX," tSY a4 •? .i .m:d6.e rlwnwr�... ...+wisr..-. s�i�iw� • ..... w�7R�1��� s 30-0-091 EXHIBIT B EXHIBIT 2 AMENDED PLANS -7- Page 22 of 25 90-0-08 30-0-09 / EXHIBIT B SYMBOL LEGEND MATERIAL LECENO amp" F. NEW. - Raw — ............. . ....... .... .. tt . . . . . . . . . . . . . ..... .............. "T 7q!1 el wJ1 ... ........... . . ..... ZON N 'SU -$R PLA OW E 0. 0 Page 23 of 26 'ZWX mmoff- 7.1 llff MMAOZ" UNWERWY PLACE A64i 30-0-09 / EXHIBIT B Page 24 of 25 J/fIMrYNCllll ,�` 1Om400N •'-"�_j"' • YiY►.IW •1��F , . r•lolu a xxowl 4 _ Mew t:-me+_.,_.�, , .___....T..•..!_:^.•'-. .. . -.... ._ x...._._-..... �(i."� ✓ n _ i 1 tr l(DIIOd� ........._-_..._�y:�.•' 4MitN•iioY r-....._,, ,.,[_.;j.. :.,;...__l,_. '.. ...,, _..... _ .. _. !_ ,.�I..,. .6'�..•/_I- '_.i•. ,I.µ'..:L,`:.i7� ..._ liMdOY ........... . LZJ s ��} t anc i,,:..!.. .... iu�•:�;`":�:,":.::: ,r... � ".:,. .:�, .:!;:;• 9 is fir20 ' lr� :fir• CAr,.r„1xf ::.';:',:'v.` • 1' :.�'SS�'; r I�f fi f 1 jl. Ylf �: r4 , .1 �'•.�� ��9 F;l' - �ti ,' . " t!t " i' iYl'i"mf!?'f!T"tt�' kJ f ';�: ` !! '.!' ' ,G r, t;! ; Y y�.. ti''`l li: �I.i t .'.... ^, :!. hl.: i�' ; ' .. .1 / . �.•l 1 �d2s• II`l ft ,� 1:��� .'��'fr� �i�-;: :1'.��: .�. 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BUlWING' PR � ' nILE �s5ocinc'` F�IM1NiRRY_EJSE:'.1"C. _., Q t H1T1' 'hz i _ * yt , %4Nt , .. oumoi 30-0-09 Page 3 of 6 EXHIBIT C � �1LJl I I i I I I �flOfl(ly� � I�i �acema { J I� 4l1plIIII'L '� i PEMOE,tlIK � .__.il� II � LJUI RSiNLPA0.RNB � u LI MAPLE AVENUE ULJ-1 Pt't7 .nT.t' �s§r�r,«rr..'. 1fVA�iY ri •., �. AacFPrn..c.-rs• • M • 30-0-09 COMMERCIAL A RNSIDIENnAL emsow STRur PARIONG c c r SE .Ft Gm, Y , , , US q --MNAR�U ��, UY-f- "I ARCH& Page 4 of 6 EXHIBIT C uxzw Ammm crtaur" cam low PARKIM mm UrAl. # I SERVICE L,T7 "t' r Al-01 ILI -s 0 on . . . . . . . . . . q;� MMI ,9w e�. Li �,Mlr N, VE:pl, Q,", - ; �.a.a c I 0 a 0 30-0-09 Page 6 of 6 7' T *** THIS DRAWING IS INCLUDED AS TYPICAL OF FLOORS 7-14 IN ITS GENERAL CONFIGURATION AND IS NOT INTENDED TO PRECISELY REPRESENT ANY FLOOR. 0 EXHIBIT C Moo 5-0-13 EXHIBIT 3 Revised Site Plan • • -9- 0 ano 'p,:� Paved Ent'ry 40 w J;i:!: �O Trash ry, A Lobby zz f QMiRubm 77 n g. pec s w 71' 2r F.O. 00,,wao: R p Up I Garage' oif Business Ing- a V6 � a Bike Storage Center Entry h .y A. h Now Curb Cid 77, Lobby UA 7, Go i RW.id onto �Blko Rock _;F. g- W016. 7 7 vlret.1pno FAUng. Gingko B110ba !_74, d • • • �' � i } (r �'i.Q.v�F* ki � � ey�e�ttl1 k� � �' y � i 51�.'f� n e y�d fi t ' � r y '' � � y ��Y��trc�� � �1�� 'r r� 1l t'�i + r a � e�'� i 1. 5�e.���ii �i���s�-� :-� - � Y ���� � r i ,Mq L�� �,� 1 v }art l t f p i { t -� S i n v x' � r r��T. a i�- tio.+,,,,�'" sw i { I I � t jSQ � jet p;: �y5, ��++jl�p,1 .�1 u ,. 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