HomeMy WebLinkAboutORDINANCES-2006-038-O-06A
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4/13/06
4/11 /06
4/5/2006
3/31 /2006
3/17/2006
2/22/2006
38-0-06
AN ORDINANCE
Approving an Amendment to the Zoning Map to Rezone
1613 Church Street from an 12 General Industrial District to an
R4 General Residential District, and
Granting a Special Use for a. Planned Development at
1613 Church Street
(Church Street Village, LLC)
WHEREAS, Church Street Village, LLC, owner of 1613 Church Street,
the subject property, submitted an application seeking approval for a Zoning Map
amendment to rezone the subject property from an 12 General Industrial District to an
R5 General Residential District, and seeking approval of a special use for a planned
development pursuant to the provisions of Section 6-3-5 "Special Uses", Section 6-3-6
"Planned Developments", Section 6-8-1-10(D) "Planned Developments" (within
Residential Districts), and Section 6-8-7-3 "Special Uses" (within a R5 General
Residential District) of the Zoning Ordinance to permit construction of forty-two (42)
single-family attached dwelling units, and approximately eighty-two (82) parking
spaces; and
WHEREAS, the Plan Commission held public hearings on the application
case no. ZPC 05-11 PD&M pursuant to proper notice on December 14, 2005, January
8, 2006, and February 8, 2006, hearing testimony, receiving other evidence, and
• making written findings and a verbatim transcript; and
the planned development proposed b the •
WHEREAS, construction of p p p p y
Applicant (the "Planned Development") requires development allowances from the strict
application of the lot coverage, impervious surface, lot width, height, yard, fence
location, and parking location regulations otherwise required by the applicable zoning
regulations of the Zoning Ordinance; and
WHEREAS, pursuant to Section 6-3-6-4, Section 6-3-6-5 and Section
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 lot
coverage, impervious surface, yard, parking location, and other regulations established
in the Zoning Ordinance, subject to approval of the City Council; and
WHEREAS, the Plan Commission's written findings indicate that the
application for amendment of the Zoning Map from the 12 General Industrial District to
the R5 General Residential District meets the standards for amendments to the Zoning
Map indicated in Section 6-3-4-5 of the Zoning Ordinance; and
WHEREAS, the Plan Commission's written findings indicate that the
application for planned development meets the standards for special uses indicated in
Section 6-3-5-10 of the Zoning Ordinance; addresses the general conditions for planned
developments in R5 General Residential Districts indicated in Section 6-8-1-10(A) of the
Zoning ordinance; and addresses the site controls and standards indicated in Section
6-8-1-10(B) and the site development standards in Section 6-8-1-10(C) of the Zoning
Ordinance; and
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WHEREAS, the Plan Commission recommended approval of the application
for a Zoning Map amendment to the R5 General Residential District, and special use for a
planned development; and
WHEREAS, the Applicant amended its application at the March 27, 2006
Planning and Development meeting to seek R4 General Residential Zoning and a
reduction from forty-one (41) to forty (40) dwelling units; and
WHEREAS, except as modified by this ordinance, the Plan Commission's
findings are applicable to the proposed planned development located in an R4 General
Residential District and are hereby adopted as such;
WHEREAS, the Planning and Development Committee of the City Council
considered the record and recommendations of the Plan Commission at its February
• 27, 2006, March 13, 2006, March 27,2006, and April 4, 2006 meetings; conducted a
public hearing on the revised application, made revised findings that the application met
applicable standards of the Zoning Ordinance, adopted the record and
recommendations of the Plan Commission, as modified, and recommended City Council
approval of the revised application; and
WHEREAS, the City Council considered and adopted the respective
record of the Plan Commission and the record, findings, and recommendation of the
Planning and Development Committee, as modified, at its February 27, 2006, March 13,
2006, March 27,2006 meeting, and further amended this Ordinance at its April 11, 2006
meeting, and
• NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
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a part hereof.
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38-0-06
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SECTION 1: That the foregoing recitals are found as fact and made
SECTION 2: That the City Council hereby adopts the findings and
recommendations of the Plan Commission and the Planning and Development
Committee, as modified, and approves an amendment to the Zoning Map provided for
in Section 6-7-2 of the Zoning Ordinance to rezone the subject property, legally
described in Exhibit A, attached hereto and made a part hereof, from 12 General
Industrial District to R4 General Residential District. The City Council hereby finds as
follows with respect to the standards for zoning map amendments in Section 6-3-4-5 of
the Zoning Ordinance:
(A) The proposed amendment is consistent with the proposed goals, •
objectives, and policies of the Comprehensive General Plan in that it will allow for the
provision of a variety of housing options and serve as a buffer between the existing
industrial and residential uses in the area;
(B) The proposed amendment is compatible with the overall character
of the existing development in the immediate vicinity of the subject property in that
residential uses are currently located to the south and east of the site;
(C) The proposed amendment will not have an adverse effect on the
value of adjacent properties in that it will enhance the value of residential land in the
neighborhood and eliminate incompatible uses;
(D) Public facilities and services are adequate in that the subject
property can access existing infrastructure and is well served by public parks, •
transportation networks, and institutions.
0 SECTION 3: That the City Council hereby approves a special use for
planned development permitting the construction and operation of single-family
attached units and accessory parking, as follows:
(a) Forty (40) single-family attached dwelling units; and
(b) A maximum of eighty-two (82) off-street parking spaces; and
(c) Setbacks of:
(1) Approximately eight and three tenths feet (8.3') from the front
property line on Church Street; and
(2) Approximately five feet (5') from the west property line; and
(3) Approximately three feet (3') from the east property line; and
(4) Approximately three feet (3') from the rear property line.
SECTION 4: Pursuant to Section 6-3-6-5 of the Zoning Ordinance and
• ,the terms and conditions of this Ordinance, the following site development allowances
...are hereby granted to the planned development:
(a) A site development allowance to allow an impervious surface area of
approximately seventy-four percent (74%), whereas Section 6-8-5-9(A) of the Zoning
Ordinance otherwise allows a maximum of fifty-five percent (55%).
(b) A site development allowance to allow thirty-one (31) dwelling units with
no frontage on a public street, whereas Section 6-8-5-5(C) otherwise requires all single-
family dwelling units to front on a public street.
(c) A site development allowance to allow ten (10) open off-street parking
spaces to be located as much as two -hundred seventy feet (270') from the rear property
line, instead of the requirement in Section 6-4-6-3(B)18 of the Zoning Ordinance that
open off-street parking spaces must be located within thirty feet (30') of the rear lot line
in residential districts.
(d) A site development allowance to allow a fence in the front yard facing
Church Street instead of the requirement in Section 6-4-6-7(F)2(e) of the Zoning
• Ordinance that fences be set back at least three feet (3') from the front-facing'fagade of
the principal building and that there be no fences in a front or street side yard.
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(e) A site development allowance to allow parking spaces that are sixteen and
seven tenths feet (16.7) in length, instead of the eighteen feet (18') otherwise required
by Section 6-16-2 of the Zoning Ordinance for ninety -degree (90°) parking spaces.
(f) A site development allowance to allow a mean building height to a
maximum of three (3) stories or thirty-six feet six inches (36'6") instead of the maximum
of two and one-half (2 1/2) stories or thirty-five feet (35') otherwise allowed by Section
6-8-5-8 of the Zoning Ordinance.
(g) A site development allowance to Section 6-4-1-6(A) to allow three (3)
principal buildings on a single zoning lot, instead of the requirement that no more than
one principal building is allowed on a single zoning lot in the R4 District unless
authorized as part of a planned development.
SECTION 5: Pursuant to Section 6-3-6-6 of the Zoning Ordinance and
the terms and conditions of the Ordinance, the following authority to exceed site
development allowances. is hereby granted to the planned development:
(a) A lot size of sixty-nine thousand five hundred fifty-one (69,551) square feet •
for forty (40) single-family attached dwelling units, whereas Section 6-8-5-4 of the
Zoning Ordinance otherwise requires one hundred thousand (100,000) square feet.
Section 6-8-1-10(C)2 allows a twenty-five percent (25%) increase in the number of
units over the twenty-seven (27). units allowed for a lot size of sixty-nine thousand five
hundred fifty-one (69,551) square feet, or thirty-three (33) units.
(b) An eight and three tenths foot (8.3') front yard on Church Street, a
twenty -foot (20') to twenty -two -foot (22') setback for the eight (8) -unit building facing
Church Street, a five foot (5') west interior side yard, a three-foot (3') east interior side
yard, and a three foot (3') rear yard, instead of, respectively, the twenty -seven -foot
(27'), five foot (6), five foot (5'), and twenty -five-foot (25') yards otherwise required by,
Section 6-8-5-7 of the Zoning Ordinance, the requirement of Section 6-8-1-10(C) of
the Zoning Ordinance that buildings be located at least fifteen feet (15') from any
street or development boundary, and the requirement of Section 6-8-1-10(B)(3) of the
Zoning _Ordinance that all boundaries of a planned development have a ten -foot (10')
landscaped strip.
SECTION 6: That the City Council hereby finds that granting site
development allowances in excess of the requirements indicated in Section 6-8-5-4,
Section 6-8-5-5, Section 6-8-5-7, Section 6-8-5-8, Section 6-8-5-9, Section 6-8-1-10(B), 40
• and Section 6-8-1-10(C) are essential to achieve one or more of the public benefits
described in Section 6-3-6-3, as follows:
1) The Planned Development preserves and enhances natural resources
that significantly contribute to the City's character through the Applicant's commitment
to beautify the berm along the west boundary of the property with landscaping.
2) The Planned Development provides a variety of housing types in
accordance with the City's housing goals by developing single-family attached housing
within a price range that will be accessible households with moderate incomes as well
as providing an affordable housing component. The Applicant will donate fifty thousand
and no/100 dollars ($50,000.00) to the Mayor's Special Affordable Housing Fund. The
Applicant will donate twenty-five thousand and no/100 dollars ($25,000.00) to the City
of Evanston Job Initiative to be utilized in meeting the City's Strategic Plan Goal:
Generate marketable job skills for Evanston Residents.
3) The Planned Development enhances the local economy and strengthens
the tax base by the positive economic impacts of construction. The proposed
residential uses will contribute to the success in the West Evanston TIF, encourage
new development, and help stabilize the neighborhood.
• :4) The Planned Development will eliminate a former industrial site and
redevelop the property to include moderate density residential uses that are more
compatible with the existing residential uses located to the south and east of the
subject property.
SECTION 7: That pursuant to Section 6-3-5-12 of the Zoning Ordinance,
which provides that the City Council may impose conditions on the grant of a special
use, the following conditions are hereby imposed:
(a) Construction of the planned development approved hereby shall be in
substantial conformance with the approved Development Plan, attached hereto as
Exhibit B and made a part hereof, the terms and conditions of this Ordinance, all other
applicable legislation and requirements, and in accordance with representations of the
Applicant to the Plan Commission, Planning and Development Committee, and the
City Council.
• SECTION 8: References herein to "Applicant" shall in all cases mean
Church Street Village, LLC, and any and all successors, owners, and operators of the
subject property, as applicable.
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SECTION 9: That the Applicant is required to record, at its cost, and
provide the City with a certified copy of this Ordinance, including all Exhibits hereto, with
the Cook County, Illinois, Recorder of Deeds before any City permits may be obtained.
SECTION 10: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 11: That this Ordinance shall be in full force and effect from
and after its publication, approval, and publication in the manner provided by law.
Ayes: 0
Nays: 0
Introduced: Y KA�ti &. , 2006 Approved:
Adopted: ) '2006 1 - , 2006
rray1he H. Morton, Mayor
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Attest: A )koved as to for
Mary o ois,-
ity Clerk C�r oration Counsel
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EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE SOUTH LINE OF THE NORTH 283 FEET OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 13, 273.94 FEET WEST OF THE EAST BOUNDARY LINE OF
SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 13, MEASURED ON THE SOUTH LINE OF SAID NORTH
283 FEET OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 13; THENCE IN A SOUTHERLY DIRECTION
IN A STRAIGHT LINE TO A POINT IN THE SOUTH LINE OF SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13,
273.94 FEET WEST OF THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13;
THENCE WEST ON THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, TO THE
• EAST LINE OF THE RIGHT-OF-WAY OF THE CHICAGO AND NORTHWESTERN
RAILWAY; THENCE IN A NORTHEASTERLY DIRECTION ON THE SOUTHEASTERLY LINE
OF THE RIGHT-OF-WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY TO A
POINT IN THE SOUTH LINE OF THE NORTH 283 FEET OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13,
WHICH IS 406.39 FEET WEST OF THE EAST LINE OF THE SAID SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13,
MEASURED ON THE SAID SOUTH LINE OF THE NORTH 283 FEET OF SAID SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 13; AND THENCE EAST ON THE SOUTH LINE OF THE NORTH 283 FEET OF
SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 13, TO THE POINT OF BEGINNING, A DISTANCE OF
132.45 FEET, MORE OR LESS, IN COOK COUNTY ILLINOIS.
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COMMONLY KNOWN AS: 1613 CHURCH STREET
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