HomeMy WebLinkAboutORDINANCES-2008-032-O-08•
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3/23/2009 2/27/2009
3/9/2009 5/5/2008
3/3/2009 2l4/2008
32-0-08
AN ORDINANCE
Amending the Zoning Map and Granting a Special Use for a
Multifamily Residential and Commercial Mixed -Use
Planned Development with Enclosed Accessory Parking
Located at 708 Church Street
in the D3 Downtown Core Development Zoning District
WHEREAS, 700 Church Street, LLC (the "Applicant"), contract
purchaser of the property located at 708 Church Street (the "Subject Property"),
legally described in Exhibit A, attached hereto and made a part hereof, submitted
a completed application on July 2, 2007, pursuant to the provisions of Title 6 of
the Evanston City Code, 1979, as amended, "the Zoning Ordinance"),
specifically: Section 6-3-4-5, "Standards for Amendments"; Section 6-3-5,
"Special Uses"; Section 6-11-1-10, "Planned Developments", Section 6-11-4-8,
"Building Height"; Section 6-11-1-4, "Ziggurat Setback"; Section 6-11-4-6, "Floor
Area Ratio"; Table 16-B of Section 6-16-3-5, "Parking Reduction Allowance"; and
Section 6-16-4, "General Off -Street Loading Requirements"; for an amendment
to the Zoning Map to re -zone the Subject Property from D2 Downtown Retail
Core Zoning District ("D2 District') to D3 Downtown Core Development Zoning
District ("D3 District') and for a Special Use to permit the construction and
operation of a multifamily residential and commercial mixed -use Planned
Development with enclosed accessory parking at the Subject Property, located in
the aforementioned D3 District; and
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WHEREAS, the Applicant sought approval for approximately two
hundred eighteen (218) dwelling units, a maximum building height of
approximately five hundred twenty-three feet (523') to the top of the roof of the
building, approximately twenty-eight thousand six hundred fifty square feet
(28,650 sq. ft.) of retail/office space, a defined gross floor area (excluding
parking, loading, storage, mechanicals, and uses accessory to the building) of
approximately four hundred fifty-seven thousand, seven hundred fifty-two square
feet (457,752 sq. ft.), resulting in a floor area ratio -of approximately fifteen and
seventy-seven hundredths (15.77), and approximately two hundred thirty-four
(234) off-street parking spaces enclosed within the building; and
WHEREAS, the Plan Commission held public hearings on the
application, case no. ZPC 07-04 PD&M, pursuant to proper notice, on August 8, 0
2007, September 20, 2007, October 10, 2007, November 14, 2007, December
12,•2007, and December 19, 2007, heard testimony and received other evidence,
made verbatim transcripts and written findings, and
WHEREAS, the- Plan Commission's written findings state that the
application for the proposed Planned Development meets the standards in
Section 6-3-4-5 of the Zoning Ordinance for a Zoning Map amendment; and
WHEREAS, construction of the Planned Development, as
proposed in the application, requires exceptions from the strict application of the
Zoning Ordinance pertaining to maximum floor -area ratio, building height,
setbacks, parking, loading, and the number of dwelling units; and
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WHEREAS, pursuant to Sections 6-3-6-4, 6-3-6-5, and 6-3-6-6 of
the Zoning Ordinance, the City Council may grant site development allowances
and exceptions to site development allowances that depart from and/or exceed
the normal maximum regulations established in the Zoning Ordinance, provided
that the City Council makes written findings of fact that the exceptions are
essential to achieve one or more of the public benefits described in Section
6-3-6-3 of the Zoning Ordinance; and
WHEREAS, the Plan Commission's written findings state that the
application for the proposed Planned Development meets the standards set forth
in the Zoning Ordinance for: Special Uses per Section 6-3-5-10; conditions for
Planned Developments in the downtown per Section 6-11-1-10 (A); site controls
•
and standards
for Planned
Developments
in the downtown per
Section
6-11-1-10 (B);
development
allowances for
Planned Developments
in the
downtown per Section 6-11-1-10 (C); and the public benefits necessary to
exceed site development allowances per Section 6-3-6-3; and
WHEREAS, the Plan Commission recommended the City Council
approve the application for a Zoning Map amendment and for a Special Use to
construct a Planned Development, subject to certain conditions; and
WHEREAS, at its February 11, 2008, March 10, 2008, March 17,
2008, March 24, 2008 meetings, the Planning and Development Committee
considered the findings and recommendations of the Plan Commission; and
WHEREAS, after the March 24, 2008 meeting of the Planning and
• Development Committee, the Applicant submitted an amended application for the
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proposed Planned Development, seeking approval for approximately two hundred
eighteen (218) dwelling units, a maximum building height of approximately four
hundred twenty-one feet (421') to the top of the roof of the building,
approximately eighteen thousand, seven hundred twenty square feet (18,720 sq.
ft.) of retail space, a defined gross floor area (excluding parking, loading, storage,
mechanicais, and uses accessory to the building) of approximately four hundred
fifty-one thousand, six hundred forty-four square feet (451,644 sq. ft.), resulting in
a floor area ratio of approximately fifteen and fifty-six hundredths (15.56), and
approximately two hundred seventy-one (271) .off-street parking spaces enclosed
within the building; and
WHEREAS, at its April 8, 2008 and May 7, 2008 meetings, the
Planning and Development Committee considered the amended application; and •
WHEREAS, on February 19, 2009, the Applicant submitted an
amended application for the proposed Planned Development, seeking approval for
approximately two hundred eighteen (218) dwelling units, a maximum building
height of -approximately three hundred forty-five feet (345'.), excluding any floors
of parking eligible for height deductions pursuant to Section 6-11-4-8 of the
Zoning Ordinance, approximately eighteen thousand, two hundred fifty-eight
square feet (18,258 sq. ft.) of retail space, a defined gross floor area (excluding
parking, loading, storage, mechanicais, and uses accessory to the building) of
approximately four hundred thirty-nine thousand, four hundred ninety-eight
square feet (439,498 sq. ft.), resulting in -a floor area ratio of approximately fifteen
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and fourteen hundredths (15.14), and approximately two hundred seventy-one
(271) off-street parking spaces enclosed within the building; and
WHEREAS, at its March 3, 2009 meeting, the Planning and
Development Committee considered the amended application, amended and
adopted the applicable findings and recommendations of the Plan Commission,
and recommended approval by the City Council, as amended; and
WHEREAS, at its March 9, 2009 and March 23, 2009 meetings, the
City Council considered, amended, and adopted the recommendations of the
Plan Commission and the Planning and Development Committee, as amended,
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 facts and
made a part hereof.
SECTION 2: That the City Council hereby amends the Zoning
Map, cited in Section 6-7-2 of the Zoning Ordinance, to re -zone the Subject
Property to D3 Downtown Core Development District.
SECTION 3: That the City Council hereby grants the Special Use
for a Planned Development, applied for in case no. ZPC 07-04 PD&M, to permit
the construction and operation of a multifamily residential and commercial mixed -
use building with enclosed accessory parking on the Subject Property. The
construction and operation of said Planned Development shall be in substantial
conformance with the D3 District regulations, the Development Plans in Exhibit
B, attached hereto and made a part hereof, and the terms of this Ordinance.
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SECTION 4: That, pursuant to the terms and conditions of this
Ordinance 32-0-08, the City Council, as authorized by Section 6-3-6-5 of the
Zoning Ordinance, hereby grants the following site development allowances for
the proposed>Planned.D.evelopment:
(A) To allow relief; pursuant to Section 6-3-6-5 (C), from the ziggurat setback
of forty feet (40') from the Church Street, Sherman Avenue, and Orrington
Avenue lot lines for the portion of the building greater than forty-two feet
(42') in height, required by Section 6-11-1-4 of the Zflning Ordinance.
(B) To allow for two hundred seventy-one (271) off-street parking spaces
pursuant to Section 6-3=6-5 (D) of the Zoning Ordinance. Table 16-B in
Section 6-16-3=5 of .the Zoning Ordinance establishes that the Planned
Development, as proposed, would require a minimum total of three
hundred ninety-eight (398) off-street parking spaces.
(C) To allow for two (2) off-street loading berths pursuant to Section 6-3-6-5
(D) of the Zoning Ordinance. Section 6-16-4 of the Zoning Ordinance
requires three (3) short loading berths for the residential uses and two (2)
long loading berths for the retail/office uses in the Planned Development, •
as proposed.
(D) To allow for approximately two hundred eighteen (218) dwelling units
pursuant to Section 6-3-6-5 (E) of the Zoning Ordinance. Section 6-11-4-4
of the Zoning Ordinance establishes a maximum of ninety-six (96)
dwellings units for the Subject Property.
SECTION 5: That, the City Council hereby finds that exceptions to
the site development allowances set forth in Section 6-11-1-10 (C)1 and 6-11-1-
10 (C)2 of the Zoning Ordinance, which exceed the normal maximum regulations
established in the D3 District, are necessary to achieve the following public
benefits, set forth in Section 6-3-6-3-of the Zoning Ordinance:
(A) Preservation and enhancement of desirable site characteristics and open
space. The four (4)-story base of the proposed Planned Development will
define the street wall in a manner similar to the building it will replace and
relates well to the scale of surrounding development on the east side of
Orrington Street, west side of Sherman Avenue, and the former Marshall •
Fields building to the northwest. TIF funds created by the proposed
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Planned Development could be used toward the redevelopment of the
open space at Fountain Square.
(B) Preservation and enhancement of historic resources that significantly
contribute to the character of the city. The Applicant has agreed to donate
one million dollars ($1,000,000.00) to the City for the renovation of the
Fountain Square public space.
(C) Use of design, landscape, or architectural features to create a pleasing
environment or other special development features. The tall, slender
tower, setback from the four (4)-story base, relates well to the surrounding
development in downtown Evanston and will be a strong visual landmark
for the downtown. Its design will create dramatic images for those who
approach the downtown, but will minimize the visual impact on
pedestrians and motorists in the downtown. The setback also serves to
minimize the effect of wind on pedestrians experience in the downtown.
The architecture of the building's base, which includes entrances with
canopies, relates strongly to traditional storefronts and the scale of
commercial development in the downtown. The slender tower, with
vertical articulation on the east and west faces, inset balconies, horizontal
bands at approximately every tenth floor, and harmonious colors of glass
and aluminum skin, is subtly articulated and will provide an elegant
addition to the downtown skyline of the City. And, the future residents of
the tower's dwelling units will enhance the City's move towards a
downtown environment that is active and productive around -the -clock.
(D) Provision of a variety of housing types in accordance with the City's
housing goals. The proposed Planned Development will provide high -
quality and upscale housing within the downtown. Units will be available
in a variety of sizes, including, in the upper portions of the tower, units
larger than what is generally available in the downtown. Moreover the
construction of dwelling units beyond those normally allowed in the zoning
district requires the Applicant, pursuant to the terms of Title 5, Chapter 7
of the City Code, to either build more affordable units on -site or contribute
more money to the City's Affordable Housing Fund that the City can use to
create, preserve, maintain, and improve affordable housing.
(E) Business, commercial, and manufacturing development to enhance the
local economy and strengthen the tax base. The incorporation of the first -
floor office/retail space preserves the commercial space that exists on the
site today, albeit in a higher quality, more expensive form.
(F) The efficient use of the land resulting in more economic networks of
utilities, streets, schools, public grounds, buildings, and other facilities.
The proposed Planned Development will be well -served by public
transportation and makes efficient use of the existing streets and utilities.
The project is expected to add few school -age children to the community
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while providing significant tax revenue, after the expiration of the local TIF,
to the school districts.
(G) The substantial incorporation of generally recognized sustainable design
practices and/or building materials to promote energy conservation and
improve environmental quality, such as level Silver or higher LEED
(Leadership in Energy and Environmental Design) certification. The
Applicant has committed to seek Silver LEED certification for the proposed
Planned Development and will incorporate green roofs into the building.
SECTION 6: That, pursuant to the terms and conditions of Section
6-3-6-6 of the Zoning Ordinance and this Ordinance 32-0-08, the authority to
exceed the following site development allowances is hereby granted by a vote of
at least two-thirds (2/3) of the Aldermen elected to the City Council:
(A) To allow a floor area ratio of fifteen and fourteen hundredths (15.14).
Section 6-11-4-6 (C) establishes a maximum permitted floor area ratio of
four and five tenths (4.5) in the D3 District. Section 6-11-1-10 (C) 2(b)
allows a site development allowance that increases the maximum floor
area ratio for residential Planned Developments in the D3 District of three
and five tenths (3.5) to a total of eight and zero tenths (8.0).
(B) To allow a maximum building height of approximately three hundred forty-
five feet (345'), excluding any floors of parking eligible for height
deductions pursuant to Section 6-11-4-8 of the Zoning Ordinance. Section
6-11-4-8 of the Zoning Ordinance permits a maximum building height of
eighty-five feet (85') in the D3 District, provided that the height of any story
of a Planned Development may be excluded from the calculation of
building height when seventy-five percent (75%) or more of the gross floor
area of such story consists of parking required for the building, up to a
maximum of four (4) stories or forty feet (40'), whichever is less. Section
6-11-1-10 (C)l of the Zoning Ordinance allows a site development
allowance that increases the maximum building height to two hundred
twenty feet (220') for residential Planned Developments in the D3 District.
SECTION 7: 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 ensure that the architectural quality of the Planned
Development achieves the highest standards. 0
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(B) To ensure continued development and quality architecture, a committee of
two (2) representatives of the Planning and Development Committee of
City Council, two (2) representatives of the Plan Commission,, City staff,
and two (2) representative architecture professionals from the community
shall be appointed to work with the development team on the continued
development of the project's architecture;
(C) The Applicant shall improve the architectural quality of the proposed four
(4) -story base of the Planned Development by using higher -quality
materials, such as natural stone and/or terra cotta, and increasing the
level of detail in the articulation of the architectural elements, particularly
at the major entrances, to make it more compatible with the surrounding
architecture of downtown Evanston.
(D) The Applicant shall construct a four (4) -story base on the Subject
Property and include one (1) level of office/retail at grade.
(E) TIF funds generated for the project should be designated for the
redevelopment of Fountain Square and other public improvements in the
vicinity, and to the extent possible by law, re -cladding or razing of 1600-01
Orrington Avenue, commonly known as the Fountain Square Building and
legally described in Exhibit C, attached hereto and made a part hereof, so
is that the essential vision for the entire block can be achieved;
(F) The Applicant shall not demolish the building that currently exists on the
Subject Property until the Applicant has secured financing for the Planned
Development and submitted perfected applications to the City's
Department of Community Development for building permits necessary to
construct the proposed Planned Development.
(G) The Planned Development shall meet all of the City's requirements
including, but not limited to, Community Development standards, Public
Works standards, Fire Department standards, and wind tunnel testing.
(H) The Applicant shall donate one million dollars ($1,000,000.00) to the City
for the renovation of the Fountain Square public space before the City
may issue a temporary certificate of occupancy for any portion of the
proposed Planned Development.
(1) The Applicant shall cause the general contractor and subcontractors to
hire no fewer than five (5) residents of the City of Evanston to work on the
construction of the Planned Development authorized by the terms of this
ordinance, with preference given to qualified minorities, women, and/or
unskilled workers. The goal of hiring these workers shall be to provide
0 them with gainful employment for a reasonable period of time during said
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construction and to mentor each of them. To effect said mentoring, the
Applicant shall cause the general contractor to assign an employee as a
mentor to help said resident workers acquire the skills and experience
necessary for them to continue working in the same or similar jobs after
their work on the Planned Development authorized by the terms of this
ordinance is complete.
(J) The Applicant and its successors shall pay real estate taxes to the City,
Evanston Township, School District 65, and Evanston Township High
School District 202 (the "Taxing Districts") based on the then -current
assessment rate applicable to the Subject Property or any portion thereof.
In the event the Applicant -or its successors are or become exempt from
the payment of real estate'taxes, the Applicant or its successors shall
make an annual payment in lieu of taxes, at the then -current rate
applicable to the portion of the Subject Property exempt from real estate
taxes, to the Taxing Districts, for thirty (30) years thereafter, unless sooner
released by the City. Nothing herein shall be construed to preclude the
Applicant or its successors from seeking and/or filing a value assessment
complaint, or a senior citizen application, a homeowner's exemption
and/or any such other complaint or partial exemption that is available to
property owners, individual dwelling unit owners or homeowners'
associations under the laws of the State of Illinois. The Applicant shall
record a covenant against the Subject Property, which shall be in form and
content acceptable to the City reflecting the terms and provisions of this
Section 7 (J). The covenant shall run with the land in favor of the Taxing
Districts, and all owners of portions of the Subject Property, and shall
expressly provide that it shall be recorded against each portion of the
Subject Property. The Applicant and its successors specifically
acknowledge and affirm that they have notice of, and are aware of, the
provisions and obligations of this Section 7 (J), that they acquire title
subject to the provisions and obligations of this Section 7 (J), and, as a
condition precedent to the grant of Special use for Planned Development,
in the case of Applicant, and as a condition precedent to purchase or
acquisition, in the case of the successors, that they expressly agree to pay
the aforementioned taxes in a timely manner consistent with the then -
current Cook County real estate tax payment schedule. The Applicant or
its successors shall abide by the terms of this Section 7 (J) for as long as
the terms of this ordinance are in effect and/or the Applicant or its
successors operate the Planned Development authorized by the terms of
this ordinance.
(K) The Applicant shall, at its sole cost and expense, renovate the streetscape
adjacent to the Subject Property and the two parcels immediately south of
the Subject Property in accord with the Applicant's approved streetscape
plans. Said streetscape shall extend along Sherman Avenue from the
northern boundary of Fountain Square to Church Street, along Church •
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Street from Sherman Avenue to Orrington Avenue, and along Orrington
Avenue from Church Street to the northern boundary of Fountain Square.
(L) The Applicant shall, no later than one hundred eighty (180) days after the
issuance of a final Certificate of Occupancy for any portion of the Planned
Development authorized by the terms of this ordinance, submit to the City
a report from the U.S. Green Building Council that certifies said Planned
Development as LEED Silver or better.
Should the Applicant submit said report late, the Applicant shall
owe the City a penalty in the amount of five hundred dollars
($500.00) per day for every day after the aforementioned due date
until and including the day the Applicant submits said report.
2. Should the Planned Development fail to receive a rating of Silver or
better, the Applicant shall owe the City a penalty to be calculated
according to the following formula:
P = [(LSM - CE) / LSM) x CV x 0.0075
P is the penalty; LSM is the minimum credits needed to earn a
LEED Silver rating, or LEED Silver minimum; CE is the number of
credits earned as documented in the U.S. Green Building Council
report; and CV is the Construction Value as set forth in the building
permit for the Planned Development.
(M) The Applicant shall pay to the City a fee in the amount of two thousand,
two hundred fifty dollars ($2,250.00) per meter for the net loss of metered
parking spaces from the City block whereon the Subject Property is found,
removed as a result of the construction of the Planned Development
authorized by the terms of this ordinance. The Applicant shall pay said
fee on an annual basis and prior to December 315t of each year,
beginning in the year wherein said meters are removed. 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.
(N) The Applicant shall extend a right of first refusal for market -rate leases of
the first -floor retail spaces in the Planned Development authorized by the
terms of this ordinance to those Evanston -based retailers who occupy the
first -floor retail space in the building that exists on the Subject Property as
of the effective date of this ordinance.
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32-0-08 .
SECTION 8: That the deadlines set forth in Subsections 6-3-5-15
(A) -and 6-11-1-10 (A) 4 of the Zoning Ordinance not withstanding, the Applicant
shall have until December 31, 2013 to obtain a building permit to construct the
Planned Development authorized by the terms of this ordinance and thirty (30)
f,
months to complete construction of said Planned Development pursuant to said
building permit.
SECTION 9: The Applicant shall develop and use the Subject
Property in substantial compliance with all applicable legislation, with the
Applicant's testimony and representations to the Plan Commission, the Planning
and Development Committee, and the City Council, and with the approved plans
and documents on file in this case.
SECTION 10: That, except as otherwise provided for in this •
ordinance, ail applicable regulations of the Zoning Ordinance and the entire City
Code shall apply to the Subject Property and remain in full force and effect with
respect to the use and development of the same.
SECTION 11: That 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, before the City may issue any permits related to the
construction of the proposed Planned Development hereby authorized.
SECTION 12: That, when necessary to effectuate the terms,
conditions, and purposes of this ordinance, "Applicant" shall read as "Applicant's
agents, assigns, and rSUccessors in interest."
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32-0-03
SECTION 13: That 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 14: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 15: That this ordinance shall be in full force and effect
from and after its passage, approval, and publication in the manner
provided by law.
r
Ayes:
Nays:
Introduced:
k'
Adopted: }1r�-
12009 Approved:
, 2009 %' ^ 1 ; 2009
Lorraine H. Morton, Mayor
Attes Approved a rm:
Flo ney Gree e, ity Clerk -- EIke Tober-175 C;
First Assistant Corporation Counsel
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32-0-08
LEGAL DESCRIPTION CE
708 CHURCH STREET
•LOTS 1, 2, 3, 4, 12, 13, 14 AND 15 IN RESUBDIVISION OF BLOCK 28 IN VILLAGE OF
EVANSTON IN THE EAST 1/a OF THE SOUTHWEST 1/a OF SECTION 18, TOWNSHIP 41
NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
PIN: 11-18-305-005-0000
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EXHIBIT B
DEVELOPMENT PLANS
-15-
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SITE PLAN
FOUNTAIN SQUARE DEVELOPMENT
FOCUS DEVELOPMENT AND K0TZN|CK'F|SHERDEVELOPMENT COMPANY
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FOCUS FLOOR PLANS
~-'~ 'DEVELOPMENT FOUNTAIN SQUARE DEVELOPMENT
n"! i j, ruCv5DEVELOPMENT AND KiUTlN|CK'F|SHERDEVELOPMENT COMPANY
�A FFo~°PIY 19=00
05
At
0
- - - - - - - - - - - ----------- - - - - - - - - - - -
STORAGE
6,797 SF
MECHANICAL
1,052 SF
3,420 SF
RETAIL 801
STORAGE
10205F
110 �ENTION BASIN
0%B
BASEMENT FLOOR
•
Page 3 of 11
0
RETAILW
i,ao SF
SETAIL'� 05
1,719 tF
RETAILA04
1,520 S! l
RETAIL�'.lols
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REII'AiL ADS RF[A I L Al, 0
SF 2,020 SF
RETAIL Al I
1.234 SF
RETAILA12
1,431 SF
RESIDENTIAL LOBBY
1,667 SF
Ly PARjGNG GARAGE I
ll Wp UP I
1.190 SF
`T 7-.
LOADING
1,677 SF
- — - — - — - — --
FIRST FLOOR
Page 4 of 11
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Page 5 of 11
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Page 6 of 11
32-0-08
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EXHIBIT B 32-0-08
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TOP OF
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MECHANICAL
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BALCONIES
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32-O-08
EXHIBIT C
LEGAL DESCRIPTION OF
1600-1601 ORRINGTON AVENUE
LOTS 8, 3 AND 10 IN THE SUBDIVISION OF BLOCK 28 IN THE VILLAGE OF EVANSTON IN
THE WEST'/s OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN: 11-18-305-003-0000
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