HomeMy WebLinkAboutORDINANCES-2007-007-O-07•
2/15/2007
2/5/2007
1/11/2007
7-0-07
AWORDINANCE
Granting a, Special Use for a Mixed -Use
Residential and -Retail Planned Development,
at 1700-1722 Central Street
in. the B2 Business Zoning District
WHEREAS, Evanston Central I, LLC (the. "Applicant"), with
permission from One Seven Zero Zero Central' LLC and. from Lauren I. Kaplan as
Trustee of the Julius R. Kaplan Trust, owners of the property located at 1700-
1720 and 1722 Central Street, respectively (the "Subject. Property"), submitted an
• application on May 16 2006, pursuant to the Zoning Ordinance (the "Ordinance")
provisions of Section 6-3-5,' "Special Uses;" Section 6-3-6, "Planned
Developments;" Section 6-9-3-3, "Special Uses in the Business District;" Section
6-9-1-9 (D), "Mandatory Planned Development Minimum Thresholds;" Section 6-
9-3-6, "Floor Area Ratio;" Section 6-9-3-7, "Yard Requirements;" Section 6-9-3-8,
"Building Height;" Section 6-16-2, "General Off -Street Parking Requirements;"
and Section 6-16-4, "General Off -Street Loading Requirements;" for a special
uses to permit construction and operation of a mixed -use residential and retail
planned development at the Subject Property, that has a single use in excess of
twenty thousand square feet (20,000 sq. ft.) located in the B2 Business Zoning
0 District ("B2 Business District"); and
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WHEREAS, the Applicant sought approval for: (i) a special use to
permit a single use in the B2 Business ZoningDistrict that exceeds twent •
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thousand square feet (20,000 sq. ft.); (ii) a special use for a planned
development; and (iii) a maximum defined building height of fifty-seven feet (57'),
approximately fifty-five (55) dwelling units, approximately nine thousand, two
hundred twenty square feet (9,220 sq. ft.) of retail/commercial space, a defined
gross floor area (excluding parking, loading, storage, mechanicals, and uses
accessory to the building) of approximately ninety-nine thousand, nine hundred
fifty-seven square feet (99,957 sq. ft.), resulting in a floor area ratio of
approximately two and twenty-seven hundredths (2.27), approximately ninety-
nine (99) enclosed off-street parking spaces, and one _(1) off-street loading berth;
and •
WHEREAS, after the Plan Commission .hearings of July 12, 2006,
August 9, 2006, and September 13, 2006, the Applicant amended its application,
with the following major changes: a reduction in maximum defined building height
of fifty-seven feet (57') to forty-eight feet (48'); a reduction in dwelling units from
approximately fifty-five (55) to forty-eight (48) dwelling units; an increase in
retail/commercial space from approximately nine thousand, two hundred twenty
square feet (9,220 sq. ft.) to eleven thousand, two hundred fifty square feet
(11,250 sq. ft.); a reduction in defined gross floor area (excluding parking loading,
storage, mechanicals, and uses accessory to the building) from approximately
ninety-nine thousand, nine hundred fifty-seven square feet (99,957 sq. ft.), to
ninety-nine thousand seven hundred fifty-five square feet (99,755 sq. ft.), •
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resulting in a floor area ratio of approximately two and twenty-seven hundredths
• (2.27); and an increase from approximately ninety-nine (99) to one hundred (100)
enclosed off-street parking spaces; and
WHEREAS, the Plan Commission held public hearings on the
application, case no. ZPC 06-06 PD, pursuant to proper notice on July 12, 2006,
August 9, 2006, September 13, 2006, and on the amended application on
October 11, 2006, November 8, 2006, and November 29, 2006, heard testimony
and received other evidence, made verbatim transcripts and written findings, and
recommended that the City Council deny the application, as amended; and
WHEREAS, construction of the : Planned Development, as
proposed in the application, as amended, .requires exceptions ,from the strict
application of the Ordinance pertaining to floor area ratio, maximum building
•
height, rear yard setbacks, and loading berths; and
WHEREAS, pursuant to Sections 6-3-6-4, 6-3-6-5, 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
the floor area ratio, maximum building height, rear yard setbacks, loading berths,
and other regulations established in the Zoning Ordinance, subject to,approval of
the City Council; and
WHEREAS, the Planning and Development Committee of the City
Council considered the record and recommendation of the Plan Commission on
the amended application at its December 11, 2006 and January 8, 2007
• meetings; and
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WHEREAS, the Planning and Development Committee of the City
Council voted to reject the Plan Commission's recommendation to deny the •
amended application at its January 8, 2007 meeting; and
WHEREAS, after the Planning and Development Committee
hearing of January 8, 2007, the Applicant amended its application, with the
following major changes: an increase in dwelling units from forty-eight (48) to
fifty-one (51); a change from one hundred (100) enclosed off-street parking
spaces to eighty-one (81) enclosed off-street parking spaces and nineteen (19)
open off-street parking spaces;. a reduction in retail/commercial space from
approximately eleven thousand, two hundred fifty square feet (11,250 sq. ft.) to
approximately eleven thousand, one hundred thirty square feet (11,130 sq. ft.);.
and a shift of approximately,fifty-five percent (55%) of the south elevation of the
buildingapproximately twenty-one and one-half feet 21.:5' to the north creatin •
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a larger rear yard setback; and
WHEREAS, the Planning and Development Committee considered
the amended application at. its January 22, 2007 and February 12, 2007'
meetings, made amendments thereto, and voted to recommend City Council
approval of Ordinance 7-0707; and
WHEREAS, the City Council considered the record of the Plan
Commission and the record and recommendation of the Planning and
Development Committee, and adopted the same at its February 12, 2007
meeting;
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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 apart hereof.
SECTION 2: That the City Council hereby finds that the special
use to permit a single use in the B2 Business Zoning District in excess of twenty
thousand square feet (20,000 sq. ft.) and a special _ use for a planned
development for a mixed -use retail and multi -family residential development in
the B2 Business District applied for in case no. ZPC 06-06 PD, as amended and
approved, meets the standards for special uses in Section 6-3-5-10 and the
standards for planned developments in the Business District in Section
6-9-1-9(A) in that, among other reasons:
•
(A) Planned developments and single -uses in excess of twenty thousand .
square feet (20,000 sq. ft.) are listed special uses in the B2 Business
District; and
(B) Therequested special uses are in keeping with purposes and polices of
the Comprehensive General Plan ("CGP") and the Zoning Ordinance in
that the CGP Plan classifies this location as a retail & mixed use area; and
(C) They 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 it.
will enhance the tax .base and replace a movie theater and a house that
have been vacant, respectively, for seven (7) years and two (2) years, is
an appropriate location for mixed residential and retail uses and has
adequate capacity for off-street parking and loading; and
(D) They will not interfere with or . diminish the value of property in the
neighborhood in that it will develop two Ivacant sites and support existing
businesses along the Central Street commercial corridor; and
(E) They can be adequately served by public facilities and services; and
• (F) They will not cause undue traffic congestion to the extent that the
Applicant proposes -to widen the adjacent east -west alley.
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(G) They will comply with all other applicable requirements, except as
modified by this Ordinance 7-0-07, in that this Ordinance is conditioned •
upon construction and operation of the subject planned development in
accordance with all applicable requirements.
SECTION 3: That the City Council hereby grants the application in
case no. ZPC 06-06 PD, as amended, for a single use in the B2 Business Zoning
District in excess of twenty thousand square feet (20,000 sq. ft.) and a special
use for planned development to allow construction and operation of a mixed -use
retail and multi -family residential planned development with accessory parking at
1700-1722 Central Street, legally _described in Exhibit A,attached hereto and
made a part hereof, with a defined maximum building height of forty-eight feet
(48'), a maximum of fifty-one (51) dwelling units, not less than eleven thousand,
one hundred thirty square feet (11,130 sq. ft.) and not more than eleven
thousand, two hundred and fifty square feet (11,250 sq. ft.) of retail/commercial •
space, a defined gross floor area (excluding parking, loading; storage,
mechanicals, and uses accessory to the building) of approximately ninety-nine
thousand seven hundred fifty-five square feet (99,755 sq. ft.), resulting in a floor
area ratio of. approximately two and twenty-seven hundredths (2.27), and eighty-
one (81) enclosed off-street parking spaces and nineteen (19) open off-street
parking spaces.
SECTION 4: That the Council hereby finds that the planned
development will achieve one or more of the public benefits set forth in Section
6-3-6-3 in that it will eliminate blighted structures on the Subject Property that
have been vacant for years, the addition of fifty-one (51) dwelling units and not •
less than eleven thousand, one hundred thirty square feet (11,130 sq. ft.) and not
7-0-07
more than eleven thousand, two hundred and fifty square feet (11,250 sq. ft.) of
retail/commercial space to the Central Street corridor will further enhance the tax
base and the local economy, and the Applicant's donation to the Affordable
Housing. Tax Fund, will, in accord with the policy of the CGP, elicit, a proposal
"from the private sector that will maintain the supply of moderately -priced
housing, both rental and owner -occupied."
SECTION 5: Pursuant to the terms and conditions of this
Ordinance, the following site development allowances are hereby granted:
(A) To allow a floor area ratio of approximately two and twenty-seven
hundredths (2.27). Section 6-9-3-6 establishes a maximum permitted floor
area ratio in the B2 Business District of two and zero hundredths (2.0).
Section 6-9-1-9 (C) 4 allows a maximum increase in floor area ratio of one
and zero hundredths (1.0) to a total of three and zero hundredths (3.0).
• (B) To allow a rear yard setback of one and one-half feet (1.5'). Section
6-9-3-7 requires a rear yard setback of ten feet (10') for a building when
not abutting a Residential Zoning District building and a rear yard setback
of five feet (5') for open parking.
(C) To allow a defined maximum building height of forty-eight feet (48').
Section 6-9-3-8 establishes a maximum height in the B2 Business District
of forty-five feet (45'). The site development allowance in Section
6-9-1-9(C)1 allows a maximum height increase of twelve feet (12') to a
total of fifty-seven feet (57').
(D) To allow for only one (1) off-street loading berth. Section 6-16-5 requires
three (3) off-street loading berths, one (1) for the multi -family residential
use and two (2) for the retail/commercial uses.
(E) To allow for the nineteen (19) open off-street parking spaces to be located
less than two feet (2') from the south property line of the Subject Property.
Section 6-16-2-7 requires that non -parallel parking stalls for which an
abutting alley serves as a portion of an aisle need only be located with a
minimum aisle (which may be partially comprised of driveways or public
alleys) of thirteen feet (13'), provided that the application of said minimum
aisle width shall not result in a minimum parking stall setback from the
alley lot line across which access to the stall is obtained, of less than
• two feet (2').
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SECTION 6: 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) Construction of the planned development approved hereby shall be in
substantial conformance with the terms and conditions of this Ordinance,
the development plans attached hereto and made a part hereof as Exhibit
B (the "Plans"), all other applicable legislation and requirements, and in
accordance with representations of the Applicant to the Site Plan and
Appearance Committee, Plan Commission, Planning and Development
Committee, and City Council. The exteriors of the building improvements
shall substantially conform to the specifications identified on the Plans.
(B) That the Applicant shall, by agreement, donate one thousand, three
hundred dollars and zero cents ($1,300.00) per dwelling unit built to the
Affordable Housing Tax Fund, consistent with the policy of the
Comprehensive General Plan to "encourage proposals from the private
sector that will maintain the supply of moderately -priced housing, both
rental and owner -occupied."
(C) Lighting in the portion of the public alley identified on Exhibit C. attached
hereto (the "Alley") shall be of a type and design so as to prevent spillage
of light off the Subject Property onto surrounding private property.
(D) The Applicant agrees and commits to bind the Applicant's ,successors in
title to the Subject Property to removing snow from the Alley from
Eastwood Avenue to the west property line of the Subject Property,
whenever there is a snowfall of at least four inches (4"). Such
commitment shall be contained in the Declaration of Condominium for the
Subject Property and shall not be subject to amendment or termination
without the consent of the City.
(E) The Applicant shall construct and/or install any streetscape, sidewalk,
and/or landscaping in conformance with the Plans.
(F) The nineteen (19) open off-street parking spaces shall be designated for
the exclusive use of employees of the retail establishments located on the
Subject Property. The Applicant and the proprietors of the retail
establishments shall promulgate said designation with clear signage and
shall enforce the same by retaining the services of an auto towing
company for the removal of unauthorized vehicles.
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• (G) Subject to the terms of this Section 6(G), the Applicant, at its sole cost and
expense, shall install new wooden fencing (the "Fencing") along those
portions of north property lines not improved with a garage, of the houses
located at 1703, 1705, 1711, 1713, 1717 and 1721 Harrison Street
(individually a "Residence" and, collectively, the, "Residences") to help
screen the Residences from the Alley and the Subject Property. The
Applicant shall only be required to construct the Fencing at a. Residence if
the owner of the- Residence desires that such Fencing be constructed.
Within one (1) year of the effective date of this Ordinance, the Applicant
shall coordinate with each owner to determine•if the Fencing is -desired. In
the event an owner elects to have the Fencing constructed, such Fencing
shall be installed prior to the issuance of a temporary certificate of
occupancy for the Subject Property.
The Fencing shall comply with all applicable regulations of the Zoning
Code and shall not require the Applicant to obtain any relief from the City
in connection with the installation of such Fencing. The Applicant and the
owner of the Residence shall reasonably cooperate with one another to
determine the exact location of the Fencing and the timing of the
installation of the same.
(H) The Applicant, at its sole cost and expense, shall: (i) bury the existing
• overhead utility lines which serve the Subject Property and which are
located in that portion of the Alley; and (ii) prior to the issuance of a
temporary certificate of occupancy for the Subject Property, bury the
overhead utility service lines serving each Residence which run from the
Alley to the Residences (the "Utility Burial Work"). In connection with the
Utility Burial Work, the Applicant shall restore any landscaping disrupted
by such work to its condition prior to commencement of such work and the
Applicant and the owner of the Residences shall reasonably cooperate
with one another regarding the foregoing work.
(1) The operation of any restaurants on the Subject Property shall comply
with all applicable City requirements.
(J) Any vehicle that shall use the loading berth identified in Exhibit B may
not exceed thirty-five feet (35') in total length.
SECTION 7: When necessary to effectuate the terms, conditions
and purposes of this Ordinance, "Applicant" shall read as "Applicant's agents,
assign and successors in interest."
•
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SECTION 8: That the Applicant is required to record a certified •
copy of this Ordinance, at its cost, including all Exhibits attached hereto, with the
Cook County Recorder of Deeds, before any City permits may be obtained.
SECTION 9: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 10: That this Ordinance shall be in full force and effect
from and after its passage, approval, and publication in the manner
provided by law.
Introduced: �� UA, 2-2 , 2007 Approved:
Adopted: 2007
r I Z- �-� , 2007
� � , Jr f
�`-�_Ldrraine H. Morton, Mayor
•
Attest: Approved as to fo m:
May P. o ity Clerk Herbert D. Hill
First Assistant Corporation 4Counsel
is
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EXHIBIT A
LEGAL DESCRIPTION OF 1700-1722 CENTRAL STREET
PARCEL 1:
LOT 5 IN BLOCK 9 IN NORTH EVANSTON IN SECTION 12, TOWNSHIP 41
NORTH; RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY, ILLINOIS
PARCEL 2:
LOTS 6, 7, 8, 9 AND 10 IN BLOCK 9 IN NORTH EVANSTON, BEING A
SUBDIVISION IN SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
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EXHIBIT B
DEVELOPMENT PLANS
7-0-07
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PROPERTY LINE _
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CENTRAL STREET SCOPEINCLUDES
RECONSTRUCTED SIDEWALK -
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EXHIBIT B
CENTRAL PLACE RESIDENCES EVANSTON CENTRAL I, LLC OKWw.it.=
EVANSTON, ILLINOIS
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EXHIBIT B
CENTRAL PLACE RESIDENCES
EVANSTON, ILLINOIS
EVANSTON CENTRAL 1, LLC
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NORTH ELEVATION (CENTRAL STREET)
EXHIBIT B
CENTRAL PLACE RESIDENCES
EVANSTON, ILLINOIS
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WEST ELEVATION
EXHIBIT B
CENTRAL PLACE RESIDENCES
EVANSTON, ILLINOIS
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