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Home My WebLink AboutORDINANCES-2012-095-O-12Effective Date: January 26, �..2013 1/2/2013 10/5/2012 95-0-12 AN ORDINANCE Amending the Special Use for a Sheltered/Skilled Care Home Located at 2520 Gross Point Road in the C2 Zoning District ("Alden Estates") WHEREAS, on March 2, 1990, the City enacted Ordinance 147-0-89, which granted a Special Use for a Sheltered Care Home on the property located at 2520 Gross Point Road (the "Subject Property"), legally described in Exhibit 1, attached hereto and incorporated herein by reference; and WHEREAS, on May 9, 1996, the City enacted Ordinance 29-0-96, which amended certain terms of Ordinance 147-0-89, including permitting the operation of a 40 Skilled Care Home on the Subject Property; and WHEREAS, on August 10, 2009, the City enacted Ordinance 62-0-09, attached hereto as Exhibit 2 and incorporated herein by reference, which amended certain terms of Ordinances 147-0-89 and 29-0-96, including the numbers of skilled care and sheltered care beds, prescribed by Section 2a of 29-0-96; and WHEREAS, Alden Estates of Evanston (the "Applicant") has requested amendments to the numbers of skilled care and sheltered care beds, prescribed by Section 2e of 29-0-96; and WHEREAS, at its meeting of November 12, 2012, the Planning and Development Committee of the City Council ("P&D Committee") considered the requested amendments and recommended City Council approval of the same; and WHEREAS, at its meetings of November 12, 2012, December 10, 2012, 95-0-12 and January 14, 2013, the City Council considered, amended, and adopted the recommendation of the P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: part hereof. SECTION 1.: The foregoing recitals are found as fact and made a SECTION 2: The City Council hereby amends Ordinances 147-0-89, 29- 0-96, and 62-0-09 to amend Sections 2a and 2e of 29-0-96 to permit the Applicant to operate a Special Use for a Sheltered Care Home/Skilled Care Home on the Subject Property with ninety-nine (99) beds, with a total of eight (8) skilled care beds committed to Evanston Medicaid patients. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, violation of any of the -conditions on the grant of a Special Use imposed herein and/or by 9 Ordinances 147-0-89, 29-0-96, and 62-0-09, as amended, shall constitute grounds for revocation thereof pursuant to Subsection 6-3-10-6 of the Zoning Ordinance. SECTION 4: Except as otherwise provided for herein, all applicable regulations of Ordinances 147-0-89, 29-0-96, and 62-0-09 and the City Code shall apply with full force and effect to the Subject Property and 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, 95-0-12, shall govern and control. SECTION 5: The Applicant, at its cost, shall record a certified copy of this ordinance, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, no later than thirty (30) days after its effective date. -2- 95-0-12 is SECTION 6: When necessary to effectuate the terms, conditions, and purposes of this ordinance, "Applicant" shall be read as "Applicant's agents, assigns, and successors in interest." SECTION 7: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any 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 10: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced: q�-Uf�'Y��Q,r /a , 2012 Approved: Adopted: 2013 l ( , 2013 Eliz eth B. Tisdahl, Mayor Attest: Approved as to form: �q�n�ey - e/ne, City Clerk W. Grant arra`r, Corporation ounsel —3— 95-0-12 • EXHIBIT 1 Legal Description LOT 2 IN ENGLE'S RESUBDIVISION, BEING A RESUBDIVISION OF LANDECK'S DIVISION OF LOT 2 OF EVERT AND SCHAEFER SUBDIVISION OF PART OF THE NORTHEAST FRACTIONAL QUARTER OF SECTION 10, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED MARCH 27, 1990 As DOCUMENT 90135710, IN COOK COUNTY ILLINOIS. PIN: 10-10-200-077-0000 COMMONLY KNOWN As: 2520 Gross Point Road, Evanston, Illinois. 17J �4� 95-0-12 • • • EXHIBIT 2 Ordinance 62-0-09 �5� 7/16/2009 • 62-0-09 AN ORDINANCE Amending the Special Use for a Sheltered Care Home/Skilled Care Home Located at 2520 Gross Point Road in the C2 Commercial Zoning District Granted and Amended by Ordinances 147-0-89 and 29-0-96 WHEREAS, on March 2, 1990, the City enacted Ordinance 147-0- 89, which granted a Special Use for a Sheltered Care Home on the property Located at 2520 Gross Point Road (the "Subject Property'), legally described in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, on May 9, 1996, the City enacted Ordinance 29-0-96, attached hereto as Exhibit B and incorporated herein by reference, which • amended certain terms of Ordinance 147-0-89, including permitting the operation of a Skilled Care Home on the Subject Property; and WHEREAS, Alden Estates of Evanston (the "Applicant") has submitted to the City's Community Development Department a letter, dated July 13, 2009, attached hereto as Exhibit C and incorporated herein by reference, that requests amendments to the numbers of skilled care and sheltered care beds, which are prescribed by Section 2a of Ordinance 29-0-96; and WHEREAS, at its meeting of July 27, 2009, the Planning and Development Committee of the City Council ("P&D Committee") considered the requested amendments to Ordinances 147-0-89 and 29-0-96 and recommended City Council approval of the same; and • • 62-0-09 WHEREAS, at its meeting of August 10, 2009, the City Council considered and adopted the record and recommendation of the P&D 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 amends Ordinances 147-0-89 and 29-0-96 to permit the Applicant to operate a Special Use for a Sheltered Care Home/Skilled Care Home on the Subject Property with fifty-two (52) skilled care beds and forty-seven (47) sheltered care beds. SECTION 3: That, when necessary to effectuate the terms, conditions, and purposes of this ordinance, 62-0-09, "Applicant" shall be read as • "Applicant's agents, assigns, and successors in interest." SECTION 4: That the Applicant, at its cost, shall record a certified copy of this ordinance, 62-0-09, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, no later than thirty (30) days after its effective date. SECTION 5: That, except as otherwise provided for in this ordinance, 62-0-09, all applicable regulations of Ordinances 147-0-89 and 29-0- 96 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, 62-0-09, shall govern and control. • —2— 62-0-09 SECTION 6: 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 7: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: That this ordinance, 62-0-09, shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: o* 7 , 2009 Approved: Adopted: t /0 , 2009 August 12 , 2009 Eliz eth B. Tisdahl, Mayor Atte dney G ene, City Clerk Approved as to form: Elke Tober-Purze, Interim First Assistant Corporation Counsel -3- • • • • 62-0-09 EXHIBIT A LEGAL DESCRIPTION LOT 2 IN ENGLE'S RESUBDIVISION, BEING A RESUBDIVISION OF LANDECK'S DIVISION OF LOT 2 OF EVERT AND SCHAEFER SUBDIVISION OF PART OF THE NORTHEAST FRACTIONAL QUARTER OF SECTION 10, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED MARCH 27, 1990 As DOCUMENT 90135710, IN COOK COUNTY ILLINOIS. PIN: 10-10-200-077-0000 COMMONLY KNOWN As: 2520 Gross Point Road, Evanston, Illinois. —4— 62-0=09 EXHIBIT B ORDINANCE 29-0-96 -5- 11 • • 3/6/96 3/19/96 4/10/96, 5110196 29-0-96 AN ORDINANCE Granting an Amendment to Ordinance 147-0-89 to allow for Operation of a Sheltered Care/Skilled Care Home at 2520 Gross Point Road WHEREAS, Ordinance 147-0-89 granted a special use pursuant to the 1960 Zoning Ordinance in case no. 89-30-SU(R) to permit construction of a ninety-nine bed sheltered care home at 2520 Gross Point Road in a District then designated as B1 Business; and WHEREAS, with passage of the 1993 Zoning Ordinance, ("The Ordinance") the subject use became lawfully non -conforming; and WHEREAS, section 6-6-7 of the 1993 Ordinance ("The Ordinance") allows special uses granted under previous zoning ordinances to continue, subject to any conditions imposed by the grant; and WHEREAS, among the conditions imposed on the aforesaid grant was number one, the substance of which was that any changes in operation of the subject home which necessitated an amendment to the Home's Certificate of Need, dated June 2, 1989, issued by the Illinois Health Facilities Planning Board, shall terminate the special use and necessitate a reapplication therefor; and WHEREAS, the lessee, Alden Estates of Evanston ("Alden Estates"), has sought to amend said Certificate of Need to allow the offering of skilled care as well as sheltered care; and 0 C7 WHEREAS, Alden Estates filed an application seeking release of the aforesaid condition one; and WHEREAS, the City Council, pursuant to section 6-3-1-6(E) of The Ordinance, referred the application to the Zoning Board of Appeals ("ZBA"); and WHEREAS, the ZBA took jurisdiction of the application pursuant to section 6-3-1-4(G) of The Ordinance; and WHEREAS, the ZBA conducted a public hearing on February 20, 1996 pursuant to proper notice in case no. 96-1-R(R) on the application to modify the aforesaid condition number one of Ordinance 147-0-89 and the covenant recorded pursuant thereto; and WHEREAS, the ZBA reviewed the application pursuant to the special use provisions of section 6-3-5 of the Ordinance; and WHEREAS, the ZBA has recommended that the application for said release of condition be granted, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That based upon the testimony, plans, and other evidence presented at the hearing, and upon deliberations and findings of fact contained in the transcript of ZBA case no. 96-1-R(R), the City Council hereby grants the application of Alden Estates of Evanston for release of condition one imposed by Ordinance 147-0-89 to permit operation of a sheltered care homelskil led care home consisting of forty-two skilled care beds and fifty- seven sheltered care beds, at 2520 Gross Point Road on property classified as a C2 Commercial District under the 1993 Zoning Ordinance and legally described as: • LOT 2 IN ENGLE'S RESUBDIVISION, BEING A RESUBDIVISION OF LANDECK'S DIVISION OF LOT 2 OF EVERT AND SCHAEFER SUBDIVISION OF PART OF THE NORTHEAST FRACTIONAL QUARTER OF SECTION 10, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED MARCH 27, 1990 AS DOCUMENT 90135710, IN COOK COUNTY, ILLINOIS. SECTION 2: Pursuant to section 6-3-5-12 of The Ordinance, which provides that the City Council may impose conditions and limitations on the grant of a special use, these conditions and limitations are hereby imposed, having been accepted by the applicant: a_ The proposed construction, operation and patient population of the sheltered care home/skilled care home consisting of 42 skilled care beds and 57 sheltered care beds shall be in substantial compliance with the testimony presented on February 20, 1996 and the plans placed on file in connection with this case and any changes in the proposed construction, operation or patient population of the proposed facility which are not in substantial compliance with the testimony presented by applicant, or which necessitate an amendment to the Certificate of Need, dated May 18, 1995 issued by the Illinois Health Facilities Planning Board with respect to this facility, or the issuance of a new Certificate of Need by said Health Facility Planning Board, shall terminate this special use and necessitate a reapplication for a new special use pursuant to the applicable regulations and procedures set Forth in • the Evanston Zoning Ordinance. b. No resident shall be admitted to, or kept in, the facility: 1) Who is mentally ill, in need of mental treatment, and at risk, because, due to the mental illness, the person is reasonably expected to self - inflict serious physical harm or to inflict serious physical harm on anothet- person in the near future as determined by professional evaluation, provided that all involuntary discharges and transfers shall be in accordance with Sections 3-401 through 3-423 of the Nursing Home Care Act, 210 ILCS 4511-101, et sea., ("the Act"). 2) Who is destructive of property, himself, or others, provided that all involuntary discharges and transfers shall be in accordance with Sections 3401 through 3423 of the Act. C. No resident shall be admitted to the facility who is developmentally disabled and who needs programming for such conditions, as described in the rules governing intermediate care facilities for the developmentally disabled (77111. Adm. Code 350). Such person shall. only be admitted to licensed as r� u intermediate care facilities for the developmentally disabled under 77 111. Adm. Code 350 or if under 18, in a long-term care facility for persons under 22 years of age which is licensed under 77 Ill. Adm. Code 390. Persons from 18 to 21 years of age in need of such care may be kept in either facility, provided that all involuntary discharges and transfers shall be in accordance with sections 3-401 through 3-423 of the Act. d. Persons under 18 years of age may not be cared for in a facility for adults without prior written approval from the Illinois Department of Public Health. e. The applicant shall commit no less than twenty percent (20%) of the skilled care beds to Evanston medicaid patients. f. The front canopy shall have a minimum height of 12 feet in order to allow emergency vehicle access. g. The applicant agrees that the subject property shall remain on the tax rolls and that the special use shall expire if and when the subject property is removed from the tax rolls. h. The applicant shall prepare a covenant of agreement to run with the land, agreeing to the above terms and conditions; the covenant shall provide that if other uses are established, that said uses shall be in conformance with uses which are permitted under the Zoning Ordinance, and said covenant shall be • in a form acceptable to the Corporation Counsel, and a copy of the recorded covenant shall be provided to the City Community Development Department and to the Office of the Corporation Counsel. Compliance with all conditions of Ordinance 147-"9 and with Ordinance 29-0-96 and the covenant recorded pursuant hereto. SECTION 3: All provisions of Ordinance 147-"9 are still.in full force and. effect except for the aforesaid condition one, which has been released by this Ordinance 29-0-96 and for which section 2a hereof has been substituted. SECTION 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 4 • • IntroducedV(I(! ,Ck 1996 v Adopted: , J 1996 P / - TTE , City Clerk App-,o\ ed as to form: cL,*ration Counsel • Approved Mayor 5 1996 62-0-09 EXHIBIT C APPLICANT'S LETTER OF JULY 13, 2009 W-M • • • • APPLEGATE & THORNE-THOMSEN A PROFESSIONAL CORPORATION 322 SOUTH GREEN STREET BENNETT P. APPLEGATE SUITE 400 NICHOLAS J. BRUNICK CHICAGO, ILLINOIS 60607 MARK W. BURNS PHONE 312-421-8400 ANN M. CHAVIE FAX312-421-0162 DIANE K. CORBETT PAUL DAVIS DIRECT DIAL: STEVEN D. FRIEDLAND GLENN A. GRAFF 312-491-2207 KELLI HARSCH sfriedland(d),att-law.com NICOLE A. JACKSON CALE8 A. JEWELL DEBRA A. KLEBAN WILLIAM G. SKALITZKY Jul 13 2009 Y KATHIE SOROKA BENJAMIN J. SWARTZENDRUBER THOMAS THORNE-THOMSEN ' WARREN P. WENZLOFF BY EMAIL AND REGULAR MAIL Dennis Marino Interim Director of Community Development City of Evanston Law Department 2100 Ridge Avenue Evanston, IL 60201 Re: Request for Amendment to Special Use Permit at 2520 Gross Point Rd. • Alden Estates of Evanston Dear Dennis: As we discussed at our meeting, my client, Alden Estates of Evanston, currently operates a sheltered care home/skilled care home at the above noted location. The facility contains 99 beds. The current configuration of the facility consists of 42 skilled care beds and 57 sheltered care beds. My client has the opportunity to increase the number of skilled care beds at the facility to 52. This would thereby reduce the number of sheltered care beds to 47. The special use which permits the operation of the facility was originally granted in 1989 by Ordinance 147-0-89; which was later amended in 1996 by Ordinance 29-0-96. The 1996 Amendment to the Special Use authorized the current split of 42 skilled care beds and 57 sheltered care beds. Alden requests that the City approve another amendment to the Ordinance to change the bed mix to 52 skilled care beds and 47 sheltered care beds.. This change will permit the facility to devote the entire third floor to skilled care. It will not, however, change the current operation of the facility because the third floor currently operates as a skilled care floor even though only 42 of the 52 beds on that floor are occupied by skilled care patients. Alden is able to increase the number of skilled care beds to 52 without an amendment to its Certificate of Need or the issuance of a new Certificate of Need by the Health Facility Planning Board. This is important because Section 2(a) of the 1996 Ordinance provides that changes to the operation of the facility which necessitate an amendment to the Certificate of LJ APPLEGATE & THORNE-THOMSEN A PROFESSIONAL CORPORATION Dennis Marino July 13, 2009 Page 2 Need or a new Certificate of Need require a new special use under the Evanston Zoning Ordinance. It is my understanding that you, in consultation with the law department, have determined that an amendment to the existing special use may be considered directly by the City Council Committee on Planning and Development. Please accept this letter as Alden's formal request to schedule a hearing with the Planning and Development Committee to consider the proposed amendment to the existing special use permit. If you have any questions or need of other information, please do not hesitate to call. Very ly you , teven Friedland SDF/ds cc: Elke Tober-Purze Ken Cox Bill Dunkley Randi Schullo 91444 (reviscd) •