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HomeMy WebLinkAboutORDINANCES-2009-030-O-09., • 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 f 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 "' - A 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— 30-0-09 SECTION 7: That, except as otherwise provided for in this is 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 is 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: 2009 Approved: n e , 2009 (" �� , 2009 orraine H. Morton, Mayor TA or Approv to form: odney r ne,�ity Clerk (—� a Tober-P�ze In� 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. —6— n U • • • • EXHIBIT B • • ORDINANCE 90-0-08 30-0-09 -7- 30-0-09.1 EXHIBIT B Page 1 of 25 • 7/23/2008 90-0-08 AN ORDINANCE Amending the Special. Use for a Planned Development : Lvcaaterd .at 1890 Maple .Avenue I n the RP Re .search Park Zoning district Granted by Ordinance 45-0-07 WHEREAS., on .October 1, 2007, the City enacted Ordinance 45-0-D7, attached hereto as Exhibit i and incorporated herein by reference, which granted Carroll Properties,: n.c.. (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 commercially reasonable efforts to locate an appropriate grocery/food store tenant for the first -floor retail space" of the proposed Planned Development granted bythe terms 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 • • 30-0-09 / EXHIBIT B Page 2 of 25 90-0-08 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 inaccord with the.Amended Plans, the Applicant seeks amendments to.Ordinance 45-0-07 and: rIO ief: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,' of its August 11, 2008, meeting, the City Council • considered and, adopted the record and: recommendations of the Planning and Development Commiftee,: NOW, THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, GOOK COUNTY, ILLINOIS: SECTION. 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 this Ordinance 90-0-08. -2- . r 3070-091 EXHIBIT B Page 3 of 25 90-0-08 SECTION 3 That, pursuant to the Amended Plans and Section 9 of Ordinance 45-0107, the :IA licantwilI not build commercial space on the second floor. Said reduction. in retail:. space: (a) increases the maximum number of dw.etting ;units. from :ane hundred fifty-two (152) to one hundred fifty-four (154); (b) changes the numberof off-street parking spaces enclosed within the building from two hundred sixty-nine (269) to two hundred forty-nine (249); and {c} eliminates theneed forforty-four (44) off -site, off-street parking spaces. SECTION 4:, ;That the City Council hereby amends the condition set forth iri 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 shalt 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-twofieet (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 maneuverbetween 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 arnendmonts to the'Special Use for a Planned Development: {A) At its cote cost andexpense, the Applicant shall create engineering plans for, and thereafter coristruct, 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 90-0708: 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 (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'porking spaces on University Place in order to allow construction of the Planned Duveiopmem 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.673-5-15 (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 Ordinance 45-0-07;.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 6: ;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 9070-08, all applicable regulations of Ordinance 45-0-07, 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 90-0-08 shall govern and control. -4- 30-0-09 / EXHIBIT B Page 5 of 25 90-0-08 SECTION .'i.©: That ifi 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 11: 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. T AN ORDINANCE Granting a special Use for a Multifamily Re.sldentlat and Commercial Mixed -Use Planned Development with Accessory Parkins Located at 1890 Maple Avenue In the RP Research Park Zoning District WHEREAS, Carroll Properties, Inc., contract purchaser (the "Applicant"), with. pe,rmission :from 1890 Maple, U_C, owner of the property located at 1890 Maple Avenue (the "Subject Property"), legally described in Exhibit A,, attached .hereto. acid ;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 6-375, "Special Uses% Section 6-3-6, "Planned Developments"; Section 6712,-2-3,.'`Special. Uses :in, theRP Research Park District"; Section 6-12-1-7 (D), "Mandatory Planned, Develbpment;Min imum Thresholds"; and Section 6-12-2-8, "Building Height", for.a special use to permit the construction and operation of a :multifamily _residential and commercial mixed -use planned development with accessory parking at the Subject Property; located in the RP Research Park Zoning District ('R Disfrict'`); and WHEREAS; the Applicant sought approval for approximately one hundred`'fifty-two (152) dwelling units. a maximum defined building height of approximately one hundred fifty-eight feet (158'), approximately forty thousand • • • 0 • 30-0-09 / EXHIBIT B Page 8 of 25 45-0-07 square feet (40,000 sq, f) of commercial space, a defined gross floor area (exc►uding. parking loading; storage, rnechanicals, and uses accessory to the building) of..approxirnately :one 'hundred eighty-three thousand, nine hundred twerity-seven square, feet (1831927 sq. ft.), resulting in a floor area ratio of approxi.mnately four and 93/100 (4.93),, and approximately two hundred sixty-nine (269) off-street :parking spaces ,enclosed within the building and forty-four (44) off -site off-street..parking spaces*and WHEREAS, the :Plan Commission held public hearings on the application, case ho..ZPC_G7-01 :PD, pursuant to proper notice, on February 21, ..20.07,r March 14; 200T, and April 11, 2007, heard testimony and received other evidence, made verbatim transcripts and.wfitten findings, and recommended that the City Council approve the` application; and WHE REAS, construction of the Planned Development, as proposed. in the application, requires: an exception from the strict application of the Zoning Ordinance pertaihir d:to maximum building height; and WHEREAS, pursuant to Sections 6-3-6-4, 6-3-6-5, and 6-3-6-6 of the Zoning Ordarce; :a planned development may provide for development allowances and modifications to site development allowances that depart from andior exceed' `maximum. ;building.:height restrictions and other regulations 'established in the Zonirig Ordinance; subject to. approval of the City Council; and WHEREAS the::.Plan Commission's written findings state that the application for :the proposed planned development meets the standards for special uses indicated in;Section.6-3w5-10 of the Zoning Ordinance; adequately -2- T. 30-0-09 / EXHIBIT B Page 9 of 25 45-0-07 - addresses the general conditions for planned developments in RP District Indicated In Section 6.424-7 (A) of the. Zoning Ordinance, adequately addresses the:site controls and standards for planned developments in RP District indicated in Section..6-�12-1-7 (6) of the Zoning Ordinance, and adequately addresses the development allowances for blannedl developments in the RP District indicated in Section;6-12=1-7 :(C} of the °Zoning Ordinance: and WHEREAS, the Plan Commission recommended approval of the app►licationfara special use 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 0:1.01.PD, and WHEREAS, :at. the May 29, 2007 meeting of the Planning and 'proposed Development Committee, the Applicant that the second floor of commet0al 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 WHEREAS,: the City Council, at its June 11, June 25. July 9, and September24 2007 meetings, considered, amended, and adopted the respective records .and recommendations, of the. Plan Commission and the Planning and Development Committee, as aimended, • 30=0-09 / EXHIBIT B Page 10 of 25 45 07 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTGIN, COOKCOUNTY, ILLtNOIS: SECTION 1:. That the foregoing recitals are found as facts and made:a part hereof. SECTION: That the City Council hereby finds that the special use for a -multi-farnily 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, ambit other reasons; (A) Planned developments are a listed special use in the RP District; (B) The requested, special use is in keeping with purposes and polices of the Comprehensive General Plan ("GGP") and.ihe Zoning Ordinance: (C) The proposed planned development will not cause a negative cumulative effect on<vafious speciaV.uses of all .types. in the immediate neighborhood :and the City a'. a whole in that the site is an appropriate location for multi- family roside' ntial with.;ground floor retail and has adequate capacity for off- street parking and loading; (D) The proposed.. ptarinibd development will not interfere with or diminish the value of property Orthe. 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 propos+ed..plarined development can be adequately served by public facilities and :services; (F) The proposed planned development will not cause undue traffic congestion and the : Applicant's donation of one hundred fifty thousand dollars ($1:5Q,0 0..00):.toward the :costs of signal modernization and coorcirration within the Emersdn corridor from Elgin to Asbury will improve traffic circutati'on; and . {G)f i;t .Will comply With, all other applicable requirements, except as modified by this tJrtlinance, 45=CJ-07; in that this Ordinance is conditioned upon construction :and.:' opbrati6n .:. of the subject planned development in accordance with all.applicable requirements. —4 w J 30-0-09 / EXHIBIT B Page 11 of 25 45-0-07 • SECTION . 3i That the City Council hereby finds that the special use fora multifamily residential and commercial mixed -use planned development with accessory parking in the RP District, applied for in case no. ZPC 07-01 PD, AS: approyed, meets the general conditions for planned developments in the RP District in Section: 6-12-1-7:(A) in that, among other reasons: (A) The;proposed planned, development, to be built in a transition area along a major thoroughfare, is compatible with the surrounding environment; (B) The proposed land use is compatible with the Zoning Ordinance and the Qty's.Coimprehensive General Plan ("CGP"); (C) The proposed land .use intensity is consistent with the Zoning Ordinance and. the CGP; (D): The proposed housing is consistent with the Zoning Ordinance and the CGP; (E) The. proposed. pI n.ned: development will not cause undue traffic congestion :and: the i Applicant's donation of one hundred fifty thousand - dollars {$.150,0.00 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 facilitiesand services; - (G). The proposed'. planned development is consistent with the City's Design Guidelines for:' , anned Developments in that it is consistent with transit- oriented'develc;'pment,.,given, the: site's proximity to the METRA and CTA stations,. and the: Applicant is commended for seeking LEED (Leadership -in Ener gy and.,Envirorrrrrerttal Design) certification for the building; and (H) The project will enhance the taxable value of the Subject Property in that it will replace a vacant:office building in a prominent corner of the Research Park; The mixed residential and ground floor retail use should stimulate _. e conomic revitalization: of. the .retail environment at this northern edge of . downtown - wntown and "along the, Emerson corridor by providing retail spaces and ci rncreasepedestrian fraffic'from:the residential use. • • _ 30-0-091 EXHIBIT B Page 12 of 25 45-0 07 SECTIO d.. ; That the City Council hereby finds that the special use.for a rtiultifami#y'eesideritial and commercial mixed -use planned development with accessory parking ih..the RP Dist rid t, applied for in case no. ZPC 07-01 PD, as approved, meets the site controls and standards for planned developments in the Residential District in: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,plaihned development shall provide minimum hazards to vehicular and pedestrian traffic;: and (E) . The Applicant, :at its sole cost and expense, shall, if feasible, bury the existing utility lines 4hat serve the Subject Property. SECTIOWS . That the City Council hereby grants the application in case 'no. ZPC 07-01 PD, for a special use for planned development to allow construction and operation af: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 btailding height of ;approximately one hundred fifty-eight feet (158')approximately forty thousand square °, feet` (401000 sq. ft,) of retail commercial space and approximately two hundred .sixty. -nine (269) off-street parking spaces enclosed • the building forty-four off within and (44) -site off-street parking spaces. • 30-0-09 / EXHIBIT B Page 13 of 26 a5--a7 SECTION 6: ; That 0h exception to site development allowances is essential :to achieve one or. more. of the public benefits set forth in Section 6-3-6- 31the 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 desle6ble site characte6stics and open space by .improving the existing, straetscape along Emerson Avenue and creating a public plaza area at the gateway to Downtown Evanston; (S) Excellent architectural features and design sensitive to the area; {C} Provision: of;a,varlety`.iaf housing types in accordance with the City's housing goals, specifically. rental housing near downtown; (D) Elimination .of. a.:blighted,1. 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 theland resulting in more economic networks of utilities, streets, schools, public grounds, buildings, and other facilities, (G): Substantial. incorporation of generally recognized sustainable design Practices ..and/or building materials to promote energy conservation and improve environmental quality, specifically LEED certification. SECTION :.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.maximurp defined building height of approximately one hundred fifty-eight feet 058), Section 6-12-2-8 of the Zoning Ordinance otherwise permits a maximum. height in the Research Park District of eighty-five feet {85'}: Se;cttcin-12-1=7(G) allows for a height increase over that otherwise permitted .tb .achieve the building density desired in the Research Park Master Plan, 0 • • • 30-0-09 / EXHIBIT B • Page 14 of 25 45-4-07 SECTION 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) Thef�pplicant shall construct the planned development approved hereby in . substantial conformance with the terms 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 bodies .conflict with the terms of this Ordinance, the Ordinance shall gpvern 'and control in all such instances. (B) The Applicant, at its sole, cost and expense, shall construct and/or install sidewalk and landscaping slang the Emerson Street and Maple Avenue frontages in substantW' compliance with the Development Plans, attached 'hereto as ExhibitB.and:made a part hereof. ,(C) The Applicant, at its sole cost and expense, shall, if feasible, bury the existing utilitylines;the.t serve the Subject Property. The Applicant shall restore any landscaping disrupted by such work to its condition prior to commencement of.such work, (D) 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 shall ::, construct all south -facing walls, except for any associated glazing, .with.: poured-in=place concrete and masonry to reduce noise transmission to the.SU jest Property. (H) Th6::: Applicant shall articulate the bottom faces of any south -facing baldonies 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. wg-. n 30-0.09 EXHIBIT B Page 15 of 25 45-0-07 Prior to -issuance: o.f....a,building permit, the Applicant shall execute and deliver to.the :owner .of the property located at 1001 University Place in Evanston :1 1 R inois; 4 . recor able notice recognizing the concerns regarding upg1rom 001 University Place. hoisegirnanat­ f the rooftop of 1 IJj Trucks. longer thain thirty feet (30') making deliveries to or moving residents-iritp the Subject Property shall not be permitted to use the private drives within the.city block located in Evanston bounded to the north byEmerson .S.trept :to the east by Maple Avenue, to the west by Oak Avenueqrand'to the south by. University place ("the Block"). Prior to i$suance.-, of..a temporary certificate of occupancy, the Applicant shall. provide :a modification to the existing service drive easement for the Block W. (1) widen said drive from seventeen feet (17') to twenty-one feet (2 V) to ' allow, for two 2)-Iane:operation and improved truck access to the BIDCIc;:and (11) tran fef sn I .' owp.owing responsibility from the owner of the p rope rty.Iocated at 1001 University Place in Evanston to the Applicant. .ILY The Appl.icant, fora nine (q)-month period from the date of the Ordinance, -shall .use all commercially y reasonable efforts to locate an appropriate qrbcerY1f6od:.stote tenant fort , he:first'floor retail space of the Project (the "First -Floor: Spacel. On::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 Iodate and secure a grocery/food store user for the First F.loor Space. In the event the Applicant is not able to lease the First Floor, Sppe*1 to a grqcoryffood store user by the expiration of such nine M-wmonth period, the Applicant shall: (i) continue to provide the City With monthly Updates summarizing the Applicant's efforts to find an end users) .for the First Floor Space: and (ii) be permitted to lease the First. Floor Space to a : fty.other. commercial, office or retail tenant permitted by the applicable terms of, the Zoning Ordinance; provided however, without the Ci.ty's prior consent, The a period of ten (10) years commencing on the date of this Ordinance, nanco, no portion of the First Floor Space shall be occupied. by'a Convenience .Store as such term is defined in the Zoning Ordinance in effect als:of the date hereof. SECTION 9: : If. the Applicant determines that retail use for the _second-flobr commercial spate is not viable, the Applicant shall use commercially reasonable efforts to cause such second -floor space to be used for othercommercial or office Usesl. If, the Applicant determines that a commercial or office seu for the second. -floor space is not viable, then the Applicant, E • • 30-0-09 / EXHIBIT B Page 16 of 25 • 45-0-07 notwithstanding anything to the. contrary contained in this Ordinance, shall have the o, ption ta.construct additional residential units instead of the second floor of cornmercial 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`rnust exercise said option prior to installing a foundation on. the Subject,Property.or forfeit said option. SECTION 10..:. Sho'Id the Applicant convert the residential units provided for herein from rental to:owner=occupied, the planned development: (A) shallhe deemed a covered development as defined in Section 5-7-3 of the City Code; and • A shall be subject,. to all requirements of the lnclusionary Housing Ordinance as defined'in Titi.e'5, Chapter ? ,of the City Code. SECTION 11: When necessary to effectuate the terms, conditions, and purposes of this. Ord. inagce; "Applicant" shall read as "Applicant's agents, assigns, and successors iri 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 County Recorder'of Deeds, before the City may issue any permits related to the construction of the proposed planned .development hereby authorized. �.IO_ 30-0-09 / EXHIBIT B Page 17 of 25 45-0-07 SECTION 13: _ if any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affectother provisions or applications of' this Ordinance that ban be given effect without the invalid application or provision, and each invalid provision: or invalid application of this Ordinance is severable. SECTION 14:.. That all ordinances or parts of ordinances in conflict herewith are hareby repealed. SECTION-1.5: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner Provided bylaw. SECTION 16: Except as otherwise provided for in this Ordinance, all applicable regulations of the Zoning Ordinance shall apply to the Subject • Property and remain.: in full 'force, and effect with respect to the use and development of the same. introduced:. , 2007 Approved: Adopted:::., 2007 f`.� wI 2007 - Loroi7e H. Morton, Mayor Attest: Ap.)rcved as to for Mary pile, ity Clerk Her ' rt D. Hill First Assistant Corporation Counsel 1 A Page 19 of 25 45-0-07 • • • WN AN UNIVERSITY PLACE E PtAN AO-6 I • • • • N I' T . ...... ...... .... ... rn NI 11 OAKAVENUE. MIN 110, 'WIN "'IN Mg� lmllzu- RVhh , 5 Fti-/.(, KRAID • nit n • I■ -� 7--j t�7 1. 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NI. --- — AN D MAL : _ ,wtwN.e.MwN�s __fass,Yrr y, �y��ya _ .:. �fA+W�•ius'YwMA.Ma :.sue ":ww � !r•M llGi�i. _' �ysf+<np4wv.a-�� �NS♦w� . .. •ron�sa,MiiifA+Jt� �frru+Wr� �,M IYI\illh XfNA Qtl�kFEW"fANDGMf�1CNtR�N777� YMtY P{IR►14 pKLi tw k?uzG,fiAn LAN .. fo :: nssoc�r s FIRST FLOOR' LANDSCAPE.P �� bam�e : • EXHIBIT C • • • AMENDED PLANS -8- 30-0-09 30-0-09 Page 1 of 6 tMtKbUN 5 I Ktt i AWL T - a C z w Q Q 0 aatzpr' k,.00gTs PRELIMINARY USE ONLY l UNIVERSITY PLACE ZONING/BUILDING SUMMARY/ SITE PLAN p-g • • EXHIBIT C w J L�L.�. ` T 1 '. ' � a lWAPAR"0 0FCAWMFM Ppm"&ffwwpF4F meQrhm= AW w=PAxrlm%20vjm.0=m 30-0-09 Page 2 of 6 EXHIBIT C I EMERSON STREET 0 FiTZGR . .. •• THE P?aRTi/er.^S OF:CARACR KAM .1.kTNs PRELIMINARY USE ONLY EASTELEVATION � BUILDING PROFILE`- ��" A2-02 ,. oxros 'P�1ftCIWe51A1ENT.-0. v P-Z • Page 3 of 6 { { wEstcermx Ii rgsicwnx ( ( rrr-s�oamx I1 r>ts¢eunx II iI �stoelmx iI PbMP+B PARKR 9 � ryK.HAMln4 1-1 � 11 } i-11 11 rs3�vB.`nx II �I 1i �eoemx I IIL—Jlll�_JII ,x 1 � II rffsioe+nx � ' wavoomx ` 1 i I Il �svo-�:rix i II I I aeS:oExr:A;. l� 41 RRAII PA2CiK III RES:x.M:x 099Y ❑0 - L i FITZGERALD . 1SSWATE: PRELIMINARY USE.ONLY BUILDIN&SECTIQN AR( HM,CTS • • EXHIBIT C MAPLE AVENUE n,eAPaarene;rswc:anounx�;. " F4(C 1WES7MENt-RmeaT pus .;F13 41 . PL5ffig9` .:. 30-0-09 COMMERCIAL & RESIDENTIAL PARrJRG ENTER EXIT EMERSON STREET Page 4 of 6 z Q R5 k' ij ME! NEEmm- L�l Nwoulm, Ali EXHIBIT C UFGEND I BEDROOM 1 BEDROOM A140M GROJILATION GREEN ROOF PARKING RETAIL # I setvia 1 4 V-ii7GFRAlb' THE AFARTM.RiTS OF CARML PLACE RAFIC [WESURENT, PROPERTIEULC tIMINARY'USE ONLY,-' -"lSTFLO REL :'Al�(I�' Axtsmcl. s �PP Olk'PLAN HITECD; AL 1p 43?-0-09 .:T 71 Page 5 of 6 *0 EXHIBIT C t THIS DRAWING IS INCLUDED AS TYPICAL OF FLOORS 2-6 IN ITS GENERAL CONFIGURATION AND IS NOT INTENDED TO PRECISELY REPRESENT ANY SPECIFIC FLOOR, INCLUDING FLOOR 2. 30-0-09 Page 6 of 6 EXHIBIT C saw ;� .. IL ir - { 6-a *** THIS DRAWING IS INCLUDED AS TYPICAL OF FLOORS 7-14 IN ITS GENERAL CONFIGURATION AND IS NOT INTENDED TQ&RECISELY REPRESENT • ANY JWR. . • V; • •