HomeMy WebLinkAboutORDINANCES-2007-045-O-07• 9/24/2007
6/26/2007
6/18/2007
5/18/2007
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AN ORDINANCE
Granting a Special Use for a
Multifamily Residential and Commercial Mixed -Use
Planned Development with Accessory Parking
Located at 1890 Maple Avenue
in the RP Research Park Zoning District
WHEREAS, Carroll Properties, Inc., contract purchaser (the
"Applicant"), with permission from 1890 Maple, LLC, owner of the property
located at 1890 Maple Avenue (the "Subject Property"), legally described in
Exhibit A, attached hereto and made a part hereof, submitted a completed
• application on December 5, 2006, pursuant to the provisions of Title 6 of the
Evanston City Code, 1979, as amended, ("the Zoning Ordinance"), specifically,
Section 6-3-5, "Special Uses"; Section 6-3-6, "Planned Developments"; Section
6-12-2-3, "Special Uses in the RP Research Park District"; Section 6-12-1-7 (D),
"Mandatory Planned Development Minimum 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 ("RP District"); and
WHEREAS, the Applicant sought approval for approximately one
0 hundred fifty-two (152) dwelling units, a maximum defined building height of
approximately one hundred fifty-eight feet (158'), approximately forty thousand
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square feet (40,000 sq. ft.) of commercial space, a defined gross floor area •
(excluding parking loading, storage, mechanicals, and uses accessory to the
building) of approximately one hundred eighty-three thousand, nine hundred
twenty-seven square feet (183,927 sq. ft.), resulting in a floor area ratio of
approximately 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 no. ZPC 07-01 PD, pursuant to proper notice, on February 21,
2007, March 14, 2007, and April 11, 2007, heard testimony and received other
evidence, made verbatim transcripts and written findings, and recommended that
the City Council approve the application; .and •
WHEREAS, construction of the Planned Development, as
proposed in the application, requires an exception from the strict application of
the Zoning Ordinance pertaining to maximum building height; and
WHEREAS, pursuant to Sections 6-3-6-4, 6-3-6-5, 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
and/or exceed maximum building height restrictions and other regulations
established in the Zoning 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 6-3-5-10 of the Zoning Ordinance; adequately
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• addresses the general conditions for planned developments in RP District
indicated in Section 6-12-1-7 (A) of the Zoning Ordinance; adequately addresses
the site controls and standards for planned developments in RP District indicated
in Section 6-12-1-7 (B) of the Zoning Ordinance; and adequately addresses the
development allowances for planned 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
application for a 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 07-01 PD; and
• WHEREAS, at the May 29, 2007 meeting of the Planning and
Development Committee, the Applicant proposed that the second floor of
•
commercial retail space be optional; and
WHEREAS, at its June 11, 2007 meetings, the Planning and
.Development Committee adopted the findings and recommendations of the
Plan Commission, and recommended approval by the City Council; and
WHEREAS, the City Council, at its June 11, June 25, July 9, and
September 24 2007 meetings, considered, amended, and adopted the respective
records and recommendations of the Plan Commission and the Planning and
Development Committee, as amended;
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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 a part hereof.
SECTION 2: That the City Council hereby finds that the special
use for a multi -family residential and commercial planned development with
accessory parking in the RP District, applied for in case no. ZPC 07-01 PD, as
approved, meets the standards for special uses in Section 6-3-5-10 in that,
among other reasons:
(A) Planned developments are a listed special use in the RP District;
(B) The requested special use is in keeping with purposes and polices of the
Comprehensive General Plan ("CGP") and the Zoning Ordinance;
(C) The proposed planned development will not cause a negative cumulative •
effect on various special uses of all types in the immediate neighborhood
and the City as a whole in that the site is an appropriate location for multi-
family residential with ground floor retail and has adequate capacity for off-
street parking and loading;
(D) The proposed planned development will not interfere with or diminish the
value of property in the neighborhood in that it will replace a nearly vacant
office building with a structure containing mixed residential and retail uses
of an appropriate scale, density, design, and materials;
(E) The proposed planned 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 ($150,000.00) toward the costs of signal modernization and
coordination within the Emerson corridor from Elgin to Asbury will improve
traffic circulation; and
(G) It will comply with all other applicable requirements, except as modified by
this Ordinance 45-0-07, in that this Ordinance is conditioned upon •
construction and operation of the subject planned development in
accordance with all applicable requirements.
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Is SECTION 3: That the City Council hereby finds that the special
use for a 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 approved, 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
City's Comprehensive General Plan ("CGP");
(C) The proposed land use intensity is consistent with the Zoning Ordinance
and the CGP;
(D) The proposed housing is consistent with the Zoning Ordinance and the
CGP;
• (E) The proposed planned development will not cause undue traffic
congestion and the Applicant's donation of one hundred fifty thousand
dollars ($150,000.00) toward the costs of signal modernization and
coordination within the Emerson corridor from Elgin to Asbury will improve
traffic circulation;
0
(F) The proposed planned development can be adequately served by public
facilities and services;
(G) The proposed planned development is consistent with the City's Design
Guidelines for Planned Developments in that it is consistent with transit -
oriented development, given the site's proximity to the METRA and CTA
stations, and the Applicant is commended for seeking LEED (Leadership
in Energy and Environmental 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
economic revitalization of the retail environment at this northern edge of
downtown and along the Emerson corridor by providing retail spaces and
increased pedestrian traffic from the residential use.
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SECTION 4: That the City Council hereby finds that the special
use for a 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 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 planned 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 that serve the Subject Property.
SECTION 5: 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 of a multifamily residential and commercial mixed -use
planned development with accessory parking on the Subject Property, legally
described in Exhibit A, attached hereto and made a part hereof, with
approximately one hundred fifty-two (152) dwelling units, a maximum defined
building height of approximately one hundred fifty-eight feet (158'), approximately
forty thousand square feet (40,000 sq. ft.) of retail commercial space 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.
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• SECTION 6: That an exception to site development allowances is
essential to achieve one or more of the public benefits set forth in Section 6-3-6-
3, the Council hereby finds that granting the special use for a planned
development in case no. ZPC 07-01 PD will provide the following public benefits:
(A) Enhancement of desirable site characteristics and open space by
improving the existing streetscape along Emerson Avenue and creating a
public plaza area at -the gateway to Downtown Evanston;
(B) Excellent architectural features and design sensitive to the area;
(C) Provision of a variety of housing types in accordance with the City's
housing goals, specifically rental housing near downtown;
(D) Elimination of a blighted, vacant office building through redevelopment,
replacing it with residential and retail use;
(E) Commercial--and—residential—development—that will--enhance—the—local
economy and strengthen the retail and real estate tax base;
(F) Efficient use of the land resulting in more economic networks of utilities,
streets, schools, public grounds, buildings, and other 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 maximum defined building height of approximately one hundred
fifty-eight feet (158'). Section 6-12-2-8 of the Zoning Ordinance otherwise
permits a maximum height in the Research Park District of eighty-five feet
(85'). Section 6-12-1-7(C) allows for a height increase over that otherwise
permitted to achieve the building density desired in the Research Park
Master Plan.
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SECTION 8: That, pursuant to Section 6-3-5-12 of the Zoning
Ordinance, the City Council herebyimposes the following conditions on the rant •
p 9 g
of the requested special use for a planned development:
(A) The Applicant 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 govern and control in all such instances.
(B) The Applicant, at its sole cost and expense, shall construct and/or install
sidewalk and landscaping along the Emerson Street and Maple Avenue
frontages in substantial compliance with the Development Plans, attached
hereto as Exhibit B and made a part hereof.
(C) The Applicant, at its sole cost and expense, shall, if feasible, bury the
existing utility lines that serve the Subject Property. The Applicant shall
restore any landscaping disrupted by such work to its condition prior to
commencement of such work. 0
(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 Subject Property.
(H) The Applicant shall articulate the bottom faces of any south -facing
balconies that project from the building with a decorative pattern to reduce
noise transmission to the Subject Property and enhance the appearance
of the proposed planned development.
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(1) Prior to issuance of a building permit, the Applicant shall execute and
• deliver to the owner of the property located at 1001 University Place in
Evanston, Illinois, a recordable notice recognizing the concerns regarding
noise emanating from the rooftop of 1001 University Place.
(J) Trucks longer than thirty feet (30') making deliveries to or moving
residents into the Subject Property shall not be permitted to use the
private drives within the city block located in Evanston bounded to the
north by Emerson Street, to the east by Maple Avenue, to the west by Oak
Avenue, and to the south by University place ("the Block").
(K) Prior to issuance of a temporary certificate of occupancy, the Applicant
shall provide a modification to the existing service drive easement for the
Block to: (i) widen said drive from seventeen feet (17') to twenty-one feet
(21') to allow for two (2)-lane operation and improved truck access to the
Block; and (11i) transfer snowplowing responsibility from the owner of the
property located at 1001 University Place in Evanston to the Applicant.
(L) The Applicant, for a nine (9)-month period from the date of the Ordinance,
shall use all commercially reasonable efforts to locate an appropriate
grocery/food store tenant for the first floor retail space of the Project (the
"First Floor Space"). 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 locate and secure a grocery/food store user for
the First Floor Space. In the event the Applicant is not able to lease the
First Floor Space to a grocery/food store user by the expiration of
such nine (9)-month period, the Applicant shall: (i) continue to provide the
City with monthly updates summarizing the Applicant's efforts to find an
end user(s) for the First Floor Space; and (ii) be permitted to lease the
First Floor Space to any other commercial, office or retail tenant permitted
by the applicable terms of the Zoning Ordinance; provided however,
without the City's prior consent, for a period of ten (10) years commencing
on the date of this Ordinance, 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 as of the date hereof.
SECTION 9:
If the
Applicant
determines
that retail
use for the
second -floor commercial
space
is not
viable, the
Applicant
shall use
commercially reasonable efforts to cause such second -floor space to be used for
other commercial or office uses. If the Applicant determines that a commercial or
0 office use for the second -floor space is not viable, then the Applicant,
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notwithstanding anything to the contrary contained in this Ordinance, shall have
the option to construct additional residential units instead of the second floor of
commercial space and, in such event, to modify the number of parking spaces
and loading spaces provided for the Subject Property to satisfy the applicable
requirements of the Zoning Ordinance, as determined by City staff during the
permitting process. The Applicant must exercise said option prior to installing a
foundation on the Subject Property or forfeit said option.
SECTION 10: Should the Applicant convert the residential units
provided for herein from rental to owner -occupied, the planned development:
(A) shall be deemed a covered development as defined in Section 5-7-3 of the
City Code; and
(B) shall be subject to all requirements of the Inclusionary Housing Ordinance
as defined in Title 5, Chapter 7 of the City Code.
SECTION 11: When necessary to effectuate the terms, conditions,
and purposes of this Ordinance, "Applicant" shall read as "Applicant's agents,
assigns, and successors in 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.
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•
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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 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..
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 �, 12007
Lor i e H. Morton Mayor
Attest: AporcQed as to for
Mary r it�yC I e r Her'irt D. Hill
First Assistant Corporation Counsel
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EXHIBIT A
.7
LEGAL DESCRIPTION OF 1890 MAPLE AVENUE
PARCEL 1:
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 '/2 OF THE NORTHWEST Y4 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.
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EXHIBIT B
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