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HomeMy WebLinkAboutORDINANCES-2006-085-O-06• 9/14/2006 9/12/200610:00am 8/11 /2006 8/9/2006 9/11/2006 3:00pm 8/8/2006 9/6/2006 4:30pm 8/4/2006 August 30, 2006 V2 8/1/2006 August 30, 2006 V1 7/31/2006 August 29, 2006 V2 4:30 PM 7/21/2006 August 29, 2006 V1 7/20/2006 August 28, 2006 7/18/2006 August 25, 2206 7/17/2006 8/23/2006 12:00 PM 7/14/2006 8/23/06-10:15AM 8/22/06-4:30 PM 8/22/2006-1:45PM 85-0-06 AN ORDINANCE Approving an Amendment to the Zoning Map to Rezone the Area between Orrington Avenue, Colfax Street, Sherman Avenue, and Lincoln Street from U1 University Housing • District to R1 Single -Family Residential District and Granting a Special Use for a Residential Planned Development on the Rezoned Property ("Smithfield") WHEREAS, Smithfield Properties XXXII, LLC ("Applicant") owns the property bounded by Orrington Avenue, Colfax Street, Sherman Avenue, and Lincoln Street located in the City of Evanston (the "City") and commonly known as 2408 Orrington Avenue (the "Subject Property"), which is legally described in Exhibit A, attached hereto and made a part hereof; and, WHEREAS, Kendall College ("Kendall') formerly owned and occupied the Subject Property; and, L� WHEREAS, pursuant to Section 6-3-4 of the Evanston Zoning Ordinance (the "Ordinance"), Applicant submitted an application to the City on • September 13, 2004 seeking: (i) a zoning map amendment to rezone the Subject Property from U1 University Housing District to R4 General Residential District (the "Original Map Amendment"); (ii) a Zoning Text Amendment pursuant to Section 6-7-2 to amend Section 6-4-1-6(B) to allow more than one principal use to be established on a zoning lot within the R1, R2, R3, and R4 Residential Districts (the "Text Amendment"); and, (iii) a Special Use for Planned Development pursuant to Section 6-3-5, Section 6-3-6, and Section 6-8-1-10 for a planned development in a Residential District to allow nineteen (19) single- family detached dwellings and forty-four (44) single-family attached dwellings on the Subject Property, with certain other relief requested to effect the plans as submitted ( the "Application"); and • WHEREAS, on November 9, 2004 Applicant amended its application ("First Amended Application") by: (i) decreasing the number of single- family detached dwellings from nineteen (19) to sixteen (16), one of which included an existing single-family dwelling located on the Subject Property; (ii) decreasing the number of single-family attached dwellings from forty-four (44) to thirty-six (36) located in three (3) principal buildings; and, (iii) providing one hundred four (104) enclosed parking spaces and nine (9) open parking spaces; and —2— • WHEREAS, the Evanston Plan Commission (the "Plan • Commission") conducted public hearings on the First Amended Application, Case No. ZPC 05-01-PD-M&T, on February 23, 2005, cancelled the public hearing scheduled for March 26, 2005, and held a public hearing on April 13, 2005, all pursuant to proper notice, heard testimony and received other evidence, made a verbatim transcript, written findings, and recommended at its April 13, 2005 meeting that City Council deny the First Amended Application; and WHEREAS, prior to the close of the Plan Commission hearing on April 13, 2005, a written protest ("the First Written Protest") against the proposed Original Map Amendment was filed on February 23, 2005 with the City Clerk pursuant to Section 6-3-4-7; and • WHEREAS, the Community Development Department determined that the First Written Protest met the requirements of Section 6-3-4-7 thereby • requiring favorable vote on the Original Map Amendment of three -fourths (3/4) of the Aldermen elected to the City Council, or seven (7) votes, instead of the six (6) votes otherwise required by Section 6-3-4-7; and WHEREAS, Applicant made a request at the May 9, 2005 Evanston City Council Planning and Development Committee (the "Planning and Development Committee") meeting to defer the First Amended Application scheduled for consideration on May 23, 2005 to allow Applicant to modify such application; and —3,r i O 1• WHEREAS, the Planning and Development Committee granted Applicant's request and deferred consideration of the First Amended Application • at its May 23, 2005 and June 13, 2005 meetings; and WHEREAS, at its July 11, 2005 meeting, the Planning and Development Committee, after considering the record and recommendation of the Plan Commission on the First Amended Application, conducting a public hearing and making a verbatim record, and hearing Applicant's proposed revisions to the First Amended Application, granted Applicant's request to defer consideration of the First Amended Application, and remanded the case to the Plan Commission for further public hearings; and WHEREAS, on September 9, 2005, Applicant amended the First Amended Application (the "Second Amended Application") by: (i) proposing to • demolish all existing structures and improvements (the "Existing Improvements") located on the Subject Property; (ii) reducing the number of single-family attached dwellings from thirty-six (36) to ten (10); and, (iii) dividing the Subject Property into two zoning lots: an R1 _ Single -Family Residential District (the "R1 Lot") and an R4 General Residential District (the "R4 Lot") (collectively, the "Second Map Amendment"); and, WHEREAS, on January 11, 2006, Applicant amended the Second Amended Application (the "Third Amended Application") by: (i) retaining the sixteen (16) single-family detached dwellings; (ii) increasing the lot size to be zoned R1 Single -Family Residential District from 118,736 square feet to 124,405 • —4— square feet; (iii) decreasing the R4 Lot size from 34,669 square feet to 28,000 • square feet; (iv) changing the zoning classification of the R4 Lot to an R3 Two - Family Residential District instead of R4 General Residential District (the R1 and R3 designation hereinafter referred to as the "Third Map Amendment"); (v) decreasing from ten (10) to eight (8) two-family dwellings located in four (4) duplex buildings; (vi) modifying lot sizes and widths to allow for duplex units without frontage on a street; side yards and rear yards; mean building height; and, the number of buildings on a zoning lot; and WHEREAS, a written protest (the "Second Written Protest") was filed on February 6, 2006 against the R4 General Residential District and R3 Two -Family Residential District classifications, respectively, with the City Clerk • pursuant to Section 6-3-4-7; and " ` - " WHEREAS, the Community Development Department made no • determination as to whether the Second Written Protest met the requirements of Section 6-3-4-7; and WHEREAS, prior to the close of the May 31, 2006 Plan Commission hearing, a written protest (the "Third Written Protest") containing notarized signatures of the petitioners against the Third Map Amendment was filed on February 6, 2006 with the City Clerk pursuant to Section 6-3-4-7; and WHEREAS, the Community Development Department determined that the Third Written Protest met the requirements of Section 6-3-4-7 thereby requiring a favorable vote on the Third Map Amendment of three -fourths (3/4) of -5- the Aldermen elected to the City Council, or seven (7) votes, instead of the six (6) votes otherwise required by Section 6-3-4-7; and • WHEREAS, the Plan Commission conducted public hearings on the Third Amended Application pursuant to proper notice on February 15, 2006, March 15, 2006, April 5, 2006, May 10, 2006, at a special meeting on May 31 2006, and on June 14, 2006, heard testimony and received other evidence, made a verbatim transcript and written findings; and WHEREAS, at the above -referenced May - 31, 2006 Plan Commission hearing, Applicant withdrew the Text Amendment; and WHEREAS, at its June 14, 2006 meeting, the Plan Commission made no recommendation (3 to 3 vote) on the Third Amended Application but by a favorable vote of 4 to 2 recommended rezoning the Subject Property to • R1 Single -Family Residential District and R3 Two -Family Residential District without identifying a specific redevelopment plan; and WHEREAS, on July 7, 2006 Applicant amended the Third Amended Application (the "Fourth Amended Application") by: (i) decreasing the single-family attached dwellings from eight (8) to four (4); and, (ii) decreasing the R3 Lot with a corresponding increase in the R1 Lot; and WHEREAS, the Planning and Development Committee considered the entire record of the Plan Commission in Case No. ZPC 05-01-PD-M&T, and conducted a public hearing at a special meeting on July 11, 2006 with respect to the Fourth Amended Application, heard testimony, received other evidence, cm • made a verbatim record, and voted to recommend City Council approval of the Fourth Amended Application; and WHEREAS, the Planning and Development Committee considered this Ordinance 85-0-06 at its July 24, 2006 meeting and made written findings that the Fourth Amended Application: (i) met the standards for Special Uses in Section 6-3-5-10 and for Planned Developments in Residential Districts in Section 6-8-1-10; (ii) met the standards for amendments to the Zoning Map set forth in Section 6-3-4-5; (iii) provided one or more of the public benefits in Section 6-3-6-3; and, (iv) adopted the record of the Plan Commission; and WHEREAS, at its July 24, 2006 meeting, the Planning and Development Committee recommended that the City -Council approve the Fourth 0 - Amended Application; and • WHEREAS, at its July 24, 2006 meeting, the City Council considered the record of the Plan Commission, the record and recommendation of the Planning and Development Committee, and voted to introduce this Ordinance 85-0-06 and refer it back to the Planning and Development Committee for further consideration at its August 14, 2006 meeting; and WHEREAS, on August 8, 2006 Applicant amended the Fourth Amended Application (the "Final Development Plan") by: (i) eliminating the two duplex buildings and replacing them with four (4) detached single-family dwelling units; (ii) eliminating the R3 Lot and R1 Lot in order to rezone the Subject —7— Property from. U1 University Housing District to R1 Single -Family Residential District (the "R1 Map Amendment"); and, (iii) reconfiguringthe private alleys b • Y Y extending same to Orrington Avenue; and WHEREAS, the Final Development Plan includes the Site Plan (Exhibit B), Draft Plat of Subdivision (Exhibit C), which will become the "Final Plat of Subdivision" when approved separately from this Ordinance 85-0-06, Landscape Plan (Exhibit D), Elevations (Exhibit E), Approved Materials (Exhibit F) and Plat of Vacation (Exhibit G) which will become the "Final Plat of Vacation" when approved separately from this Ordinance 85-0-06, all of which, except the Plat of Subdivision and the Plat of Vacation, are dated August 8, 2006 and attached hereto and made a part hereof; and, WHEREAS, the Community Development Department determined that the First Written Protest, the Second Written Protest, and the Third Written Protest, and the requirement in Section 6-3-4-7 of a vote of seven (7) Aldermen for passage of this Ordinance 85-0-06, were not applicable to the Final Development. Plan, as such plan only includes an R1 Single -Family Residential District; and WHEREAS, the Site Development Allowances (hereinafter defined) and R1 Map Amendment requested as set forth in the Final Development Plan require a vote of six (6) Aldermen for passage of this Ordinance 85-0-06 pursuant to Section 6-3-6-6 and Section 6-3-4-6, respectively; and 0 WHEREAS, the Evanston Preservation Coordinator reviewed the • Approved Materials (hereinafter defined) determining that all such materials are materials which the Evanston Preservation Commission (the "Preservation Commission") has approved in connection with its review of other applications for Certificates of Appropriateness over which it has jurisdiction pursuant to Section 2-9-8 of the Evanston Preservation Ordinance, Title 2, Chapter 9, of the City Code, and, accordingly, approved the Approved Materials for the Final Development Plan; and WHEREAS, Applicant filed an application with the City to vacate the remaining alley (the "Alley") described in the draft Plat of Vacation and the City intends to hold a public hearing on an ordinance to vacate the Alley (the • "Alley. Vacation -Ordinance") on September 20,-2006; and, WHEREAS, the City has prepared certain ordinances and motions • for consideration and approval by the City Council to repeal or amend and release, as the case may be, ordinances and restrictive covenants effecting the Subject Property's use and occupancy by Kendall that have no relationship to the Final Development Plan (collectively the "Release Documents"); and, WHEREAS, at its August 14, 2006 and September 11, 2006 meetings, the Planning and Development Committee held a public hearing on the Final Development Plan dated August 8, 2006; and WHEREAS, at its September 11, 2006 meeting, the Planning and Development Committee made findings that the Final Development Plan met the -9- standards in the Ordinance for: Special Uses in Section 6-3-5-10; Planned • Developments in Residential Districts in Section 6-8-1-10; and, amendments to the Zoning Map in Section 6-3-4-5; provided one or more of the public benefits in Section 6-3-6-3 and adopted the record of the Plan Commission, and recommended that the City Council approve the application for Special Use for Residential Planned Development and the application for R1 Map Amendment, all as set forth in the Final Development Plan; and WHEREAS, at its September 11, 2006 meeting, the City Council adopted the record of the Plan Commission, adopted the record of the Planning and Development Committee made at its August 14, 2006 and September 11, 2006 meetings, and adopted the recommendation of the Planning and Development Committee made at its September 11, 2006 meeting to approve and. • grant the Special Use for a Residential Planned Development (the "Planned Development') and R1 Map Amendment, as set forth in the Final Development Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are hereby found as facts and made a part hereof. SECTION 2: That the records of the Plan Commission and the Planning and Development Committee, and the recommendation of the Planning E -10- • 1• and Development Committee made at its September 11, 2006 meeting are • hereby adopted. • SECTION 3: That the Application, as amended by the Final Development Plan, in Case No. ZPC 05-01-PD-M&T, for rezoning of the Subject Property from a U1 University Housing District to an R1 Single -Family Residential District meets the standards in Section 6-3-4-5 for amendments to the Zoning Map, for reasons including, but not limited to: (A) The R1 Map Amendment approved by this Ordinance 85-0-06 and set forth in the Final Development Plan is consistent with the goals, objectives, and policies of the Evanston Comprehensive General Plan ("CGP"), as adopted and amended from time to time, in that: (i) the R1 Single - Family, Residential Zoning District allows for the construction' of new' single- family dwellings on the previously under-utilized Subject Property; and (ii) this new construction will increase housing variety and enhance the City's property tax base. (B) The R1 Map Amendment is consistent with the overall character of existing single-family homes in the immediate vicinity of the Subject Property_ (C) The R1 Map Amendment will not have an adverse effect on the value of properties in the vicinity of the Subject Property because such amendment is consistent with the R1 Single -Family Residential Districts to the north, south, and west of the Subject Property. _11— (D) Public facilities and services are adequate to serve the • Subject Property in that: (i) the Subject Property was occupied by Kendall for many years, with approximately six hundred fifty (650) full-time students, one hundred seventy (170) employees, one hundred forty-three (143) dormitory beds, and two -hundred thirty-five (235) peak -hour vehicular movements; (ii) the listed permitted and special uses in the R1 Single -Family Residential District represent a significant decrease in intensity of use when compared to Kendall thereby reducing the impact on public facilities and services. SECTION 4: That the City Council, pursuant to Section 6-3-4-5, hereby approves and grants the R1 Map Amendment to the Zoning Map provided for in Section 6-7-2 to rezone the Subject Property from a U1 University Housing District to an R1 Single -Family Residential District. . SECTION 5: That the City Council, pursuant to Section 6-3-5-10, Section 6-3-6-3, and Section 6-8-1-10, hereby approves and grants the Application, as amended by the Final Development Plan, in Case No. ZPC 05-01 PD-M&T, to allow the Planned Development on the Subject Property for the reasons including, but not limited to: (A) Pursuant to Section 6-8-2-4 a Planned Development is a special use in the R1 Single -Family Residential District. (B) The Planned Development is in keeping with the purposes and policies of the CGP and the Ordinance in that the Subject Property is located within the U1 University Housing District and is proposed to be located in an R1 • -12- • Single -Family Residential District. The proposed residential uses are consistent with the types of development intended for this District. The surrounding areas to the north, west, and south are zoned for residential uses and the CGP designates the areas to the north, west, and south of the Subject Property as single-family residential areas. (C) The Planned Development will not cause a negative cumulative effect when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the City as a whole. The only other special use in the immediate neighborhood is a private educational institution. The Final Development Plan contains only uses permitted in the R1 • Single -Family Residential District. (D) The Planned Development does not interfere with or diminish the value of property in the neighborhood in that it will enhance the property values of the adjacent properties and strengthen the City's tax base. (E) The Planned Development can be adequately served by public facilities and services, in that it represents a decrease in the intensity of use from its previous use for many years as Kendall. The findings in Section 3(D) hereinabove are applicable to this standard and are hereby incorporated by reference. (F) The Planned Development does not cause undue traffic • congestion in that it will result in the development of twenty (20) dwelling units, —13— thereby significantly reducing peak -hour vehicular movements when compared to Kendall. The findings in Section 3(D) hereinabove are applicable to this standard and are hereby incorporated by reference. (G) The Planned Development preserves significant historical and architectural resources. This standard is inapplicable in that on April 12, 2005, the City Council denied an application to grant landmark status to the building, formerly known as the Kendall College Administration Building (Wesley Hall), located at 2408 Orrington Avenue. Concurrently with adoption of this Ordinance 85-0-06, the City Council approved Applicant's Certificate of Appropriateness required by Section 2-9-8(A) of the Preservation Ordinance, Title 2, Chapter 9 of the City Code, allowing the demolition of all Existing Structures and construction of the improvements set forth in the Final • Development Plan authorized by the Planned Development approved hereby. (H) The Planned Development preserves significant natural and environmental features in that Applicant has agreed to protect the Oak Trees (hereinafter defined) and Ash Tree (hereinafter defined) in accordance with Section 8(E) of this Ordinance 85-0-06 and implement the Landscape Plan. (1) The Planned Development complies with all other applicable regulations of the District in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation, in that this standard must be and • -14- is met as a condition to, and requirement of, demolition -and construction -related activities on the Subject Property. SECTION 6: That the City Council hereby adopts the findings of the Planning and Development Committee that granting the Site Development Allowances (hereinafter defined) in excess of the requirements set forth in Section 6-4-1-6(A), Section 6-8-2-5, Section 6-8-2-8, Section 6-8-2-9, and Section 6-8-1-10 is essential to achieve one or more of the public benefits described in Section 6-3-6-3 for reasons including, but not limited to: (A) The Final Development Plan has a particularly attractive architectural and landscape design. (B) The Final Development Plan includes a variety of housing . types and pursuant to Section 8(F), of this'Ordinance 85=0-06; 'Applicarit will make a voluntary donation to the Mayor's Special Housing Fund, consistent with the CGP policy to "encourage proposals from the private sector that will maintain the supply of moderately -priced housing, both rental -and -owner -occupied". (C) The Final Development Plan will add twenty (20) single- family dwellings to the Subject Property which will strengthen the tax base and the local economy and eliminate blighted and deteriorated structures and incompatible uses. SECTION 7: That, pursuant to Section 6-3-6-5 and Section 6-3-6-6, the following site development allowances (the "Site Development Allowances") are hereby granted from the requirements set forth in Section • 6-4-1-6(A), Section 6-8-2-5, Section 6-8-2-8, Section 6-8-2-9, and Section 6-8-1-10 to permit: • (A) An increase in the maximum mean building height of the single-family dwelling units to three (3) stories, or thirty-five feet (35'), pursuant to Section 6-3-6-5(B) and Section 6-8-1-10(C)(1) instead of the maximum of two and one-half (2.5) stories or thirty-five feet (35') otherwise permitted by Section 6-8-2-9 in the R1 Single -Family Residential District. (B) A decrease in the required rear yard pursuant to Section 6-3-6-5(C) to twenty feet (20') for the dwellings identified on the Site Plan as C-1, C-2, C-3, C-4, C-5, C-6, L-1, L-2, L-3, L-4, L-5, and L-6, instead of the thirty (30') feet otherwise required by Section 6-8-2-8(A)4. (C) A decrease in the. required rear yard to twelve feet (12') • pursuant to Section 6-3-6-5(C) for the dwellings identified on the Site Plan as 0-1 and 0-4, instead of the thirty feet (30') otherwise required by Section 6-8-2-8(A)4. (D) A decrease in the required rear yard to seven feet six inches (7'6") pursuant to Section 6-3-6-5(C) instead of the thirty feet (30') otherwise required by Section 6-8-2-8(A)4 for each of the dwellings identified on the Site Plan as S-1 and S-2. (E) A decrease in the required rear yard to twenty-five feet (25') pursuant to Section 6-3-6-5(C) instead of the thirty feet (30') otherwise required by Section 6-8-2-8(A)4 for each of the dwellings identified on the Site Plan as S-3 and S-4. • —16— • 1- • (F) A decrease in the minimum lot area requirement of seven thousand two hundred square feet (7,200 sq.ft.) otherwise required by Section 6- 8-2-5 for all lots located on the Subject Property except for lots seven (7) and ten (10), identified on the Plat of Subdivision. (G) A decrease in the required front yard to three feet (3') pursuant to Section 6-3-6-5(C) instead of the twenty-seven feet (27') otherwise required by Section 6-8-2-8(A)1 and instead of the fifteen feet (15') otherwise required by Section 6-8-1-10(C) for the single-family homes identified on the Site Plan as S-3 and S-4. (H) An increase in the number of principal buildings on a zoning lot located in an R1 Single -Family Residential District pursuant to Section • 6-3-6-5(C-) to. -allow twenty (20) principal buildings on a zoning lot, -instead of the one (1) principal building otherwise permitted by Section 6-4-1-6(A). (1) A decrease in the required side yard abutting a private alley to three feet (3') pursuant to Section 6-3-6-5(C) instead of the fifteen feet (15') otherwise required by Section 6-8-2-8 and Section 6-8-1-10(C)3 for the single- family dwellings identified on the Site Plan as S-1, S-2, 0-2, and 0-3. SECTION 8: That, pursuant to Section 6-3-5-12 which provides that the City Council may impose conditions on the grant of a special use, the following conditions are hereby imposed on Applicant: (A) Construction, operation, and maintenance of the Planned • Development approved hereby shall be in substantial compliance with the —17— approved Final Development Plan; the Certificate of Appropriateness approved concurrently by the City Council with this Ordinance 85-0-06; the conditions and • terms of this Ordinance 85-0-06; all other applicable legislation, rules, regulations, and requirements (collectively, "Applicable Legislation"); the material representations, if any, of Applicant to the Site Plan Appearance and Review Committee, Preservation Commission, Plan Commission, Planning and Development Committee, City Council, and other City Board, Commission, or Committee, only to the extent such material representations relate to the Final Development Plan . All plans submitted or required to be submitted to the City in connection with the Planned Development approved hereby shall comply with Applicable Legislation. (B) The Elevations shall substantially conform in color, • dimensions, and quality to the Approved Materials. Applicant may substitute materials of equal or better quality, provided that the substituted materials substantially conform in color and dimensions to the Approved Materials. (C) The Final Development Plan includes a variety of single- family dwelling units to create varied architecture within the Subject Property. The Site Plan identifies each home with a capital letter (S, C, 0 and L) signifying the street name followed by a number. As an example, "C-2" represents the second dwelling on Colfax Street. The following restrictions and obligations shall apply: (1) S-1 and S-2 may have the same massing, roof, and overall structural design, except that the west elevations shall be distinguished by incorporating • Miit-Im • different -colored masonry, windows, and doors; (2) C-1 through C-6 shall not repeat the same Elevation more than twice and no two identical Elevations shall occur successively. As an example, C-1 and C-5 may be Elevation G, but C-1 and C-2 shall not both be Elevation G; (3) L-1 through L-6 shall not repeat the same Elevation more than twice and no two identical Elevations shall occur successively. As an example, L-1 and L-5 may be Elevation G, but L-1 and L-2 shall not both be Elevation G: (4) 0-2 and 0-3 may have the same massing, roof, and overall structural design, however, the east elevations shall be distinguished by incorporating different -colored masonry, roofs windows, and doors; and (5) 0-1 and 0-4 may have the same massing, roof, and overall structural design, however, the east elevations shall be distinguished by • incorporating different -colored masonry, roofs, windows, and doors. - • (D) From and after construction of the Planned Development, as approved hereby, and continuing for so long as the Planned Development exists, as it may have been amended from time to time in accordance with all applicable requirements, the "Open Space Parcel", as identified on the Site Plan, shall be maintained and operated as open space in substantial conformance with the Final Development Plan. The Open Space Parcel shall not contain any above- ground permanent improvements, except that Applicant shall be permitted to locate, maintain, and operate on the Open Space Parcel fixtures, equipment, and furniture in connection with use of the Open Space Parcel as a landscaped area, including, but are not limited to, gazebos, trellises, playground equipment, _19— benches, chairs, statues, sculptures or other pieces of artwork, signs, planting • beds, planters, fences, and fountains. The approval granted hereby shall be limited to those items which comply with Applicable Legislation, including obtaining permits prior to construction or installation of said items. Section 9 of this Ordinance 85-0-06 is applicable whenever the City determines non- compliance with this Section 8(D). (E) The Landscape Plan identifies trees 11A, 12A, 12B, and 12C (collectively, "the Oak Trees") along Lincoln Street. Applicant shall submit a plan to protect and preserve the Oak Trees during construction and thereafter for a period of two years following the issuance of a certificate of occupancy for the single-family homes identified on the Site Plan as 0-4 and L-6 (the "Tree Protection Plan"). The Tree Protection Plan shall be made a part of the • Declaration (hereinafter defined). An arborist shall prepare the Tree Protection Plan for review and approval by the Evanston Department of Forestry, which approval shall be obtained prior to the issuance of a demolition permit. In addition, the Tree Protection Plan shall extend to protecting the "Ash Tree" located on Colfax Street and identified on the Landscape Plan as 2313; provided, however, such preservation and protection shall not extend to prohibiting the construction, including basements, of the single-family homes identified on the Site Plan as C-1, C-2, C-3, C-4, C-5, C-6 and 0-1. The single-family homes identified on the Site Plan as 0-4 and L-5 shall not include basements. "Basement" shall mean a "portion of a building located partly underground, but • —20— • having less than one-half (1/2) of its clear floor -to -joist height below the average grade of the adjoining ground. A violation of this Section 8(E) occurs when Applicant fails to comply with the Tree Protection Plan and such non-compliance proximately causes the death of any Oak Tree or the Ash Tree. In the event the City determines that Applicant has violated the Tree Protection Plan and such violation proximately causes the death of any Oak Tree or the Ash Tree the City shall fine Applicant Twelve Thousand Five Hundred Dollars ($12,500) for each tree. If Applicant objects to the City's determination, Applicant shall file a written protest setting forth the reasons for its objection. If after reviewing such reasons the City does not retract the fine, then a licensed arborist appointed by the City and paid for by Applicant shall conclusively determine the validity of the fine. • .,, , . . ; (F) - Applicant has voluntarily agreed to donate one hundred thousand dollars ($100,000.00) to the Mayor's Special Housing Fund, consistent • with the CGP to "encourage proposals from the private sector that will maintain the supply of affordable housing both rental and owner -occupied". Said donation is based upon Five Thousand Dollars ($5,000.00) for each of the twenty (20) dwellings approved hereby. The One Hundred Thousand Dollars ($100,000.00) ' shall be paid in four (4) equal increments of Twenty -Five Thousand Dollars ($25,000.00), as follows: twenty-five thousand dollars ($25,000.00) concurrently with payment of the applicable fees for the demolition permit, and twenty-five thousand dollars ($25,000.00) each year thereafter on or before the anniversary date of issuance of the demolition permit for each of the succeeding three (3) -21- years until the total sum paid shall equal one hundred thousand dollars ($100,000.00). This donation shall be in addition to any demolition tax imposed • by the Affordable Housing Demolition Tax Ordinance, Title 4, Chapter 22 of the City Code. Applicant shall not seek an extension of the completion time provided for in Section 11 of this Ordinance 85-0-06 without first having paid the said donation in its entirety. (G) Applicant shall, within nine (9) months of the date of adoption of this Ordinance.85-0-06, obtain a demolition permit to demolish the Existing Structures, Applicant shall commence such demolition within thirty (30) days following the issuance of said demolition permit to demolish such structures, and shall prosecute said demolition diligently to completion within eighteen (18) months after adoption of this Ordinance 85-0-06. All Existing • Structures shall be demolished no later than eighteen (18) months after adoption of this Ordinance 85-0-06. Delays, not solely attributable to Applicant, shall extend the thirty (30) -day period by the number of days equal to the number of days of delay. In the event of a dispute between the City and Applicant as to whether or not a delay is "not solely attributable to Applicant" and/or the number of days by which the said thirty (30) day period will be extended, the City's decision shall be controlling. For purposes of this Section 8(G), "completion of demolition" shall include, but not be limited to, grading and seeding the entire Subject Property, including the parkway surrounding same, and re -seeding when necessary or when required by the City upon written notice to Applicant, to • —22— • assure coverage of the entire Subject Property and the parkway with grass, except for those lots or areas on which construction has commenced. Such seeding shall be subject to seasonal conditions. Applicant shall not allow the grassed area, including the parkway, and so much of it as remains after construction begins, to reach a height of more than five inches (5") prior to mowing it. Section 9 of this Ordinance 85-0-06 is applicable where the City determines non-compliance with this Section 8(G). (H) Applicant shall limit its demolition, excavation, and construction activities to between 7:00 a.m. and 6:00 p.m. on weekdays, and between 8:00 a.m. and 5:00 p.m. on Saturdays, and no work shall be permitted on Sundays, except in case of urgent necessity in the interest of public health • and safety, and then only with a permit from the City Manager or her designee, which permit may be granted while the emergency continues. Sandblasting, jack • hammering, or similar noise -producing activities are prohibited between 6:00 p.m. and 7:00 a.m. on weekdays and between 6:00 p.m. Friday and 8:00 a.m. Saturday, unless special permission in advance of said activities is given by the City Manager or her designee. In addition, any other construction noise which exceeds a decibel level of eighty (80) decibels (measured from the property line from which the noise is emanating) shall be prohibited at all times other than during the work hours specifically set forth in this Section 8(H), unless special permission is granted by the City Manager or her designee. If the City Manager or her designee should determine that the public health and safety will not be -23- impaired by the erection, demolition, alteration or repair of any building, or the excavation of streets and highways between the hours of 6:00 p.m. and 7:00 • a.m. on weekdays and before 8:00 a.m. and after 5:00 p.m. on Saturdays, and if it shall further be determined that loss or inconvenience would result to any party in interest, the City Manager or her designee may grant permission for such work to be done between the hours of 6:00 p.m. on weekdays and 7:00 a.m. on weekdays, and before 8:00 a.m. and after 5:00 p.m. on Saturdays, upon written request of Applicant. Section 9 of this Ordinance 85-0-06 is applicable where the City determines non-compliance with this Section 8(H). . (1) Applicant shall have, as its primary goal, the employment of a minimum of ten (10) low- to middle -income City residents, without regard to their sex, race, or ethnicity, which goal may be satisfied by Applicant's vendors, • contractors, and subcontractors. This goal will include full-time employment for said residents during one or more phases of constructing the Final Development Plan. By way of example, but not limitation, the demolition portion of the Final Development Plan is anticipated to be six months in duration during which time Applicant could satisfy a portion of the goal by employing residents during the demolition phase. Applicant shall consult with the City's M/W/EBE Coordinator, in connection with this goal, prior to its application for the demolition permit, and again prior to its application for the first building permit. Applicant shall provide the City with such documentation and at such intervals as the City may require evidencing Applicant's compliance with the terms and conditions of this Section C —24— • 8(I). For purposes of this Section 8(I), "low-income" is defined as "household income at or below eighty (80) percent of Area Median Income". "Middle -income" is defined as "household income at or below one hundred fifteen (115) percent of Area Median Income." "Area Median Income" is the median income level for the Chicago Primary Metropolitan Statistical Area, as established and defined in the annual schedule published by the Secretary of the United States Department of Housing and Urban Development and adjusted for household size." Section 9 of this Ordinance 85-0-06 is applicable whenever the City determines non- compliance with this Section 8(I). (J) Applicant shall require all personnel who drive their own • vehicles to the Subject Property to park on the Subject Property, space permitting, and thereafter, to park legally. All trucks and other construction vehicles shall use Sherman Avenue via Emerson Street (or such other route as designated in advance by the Illinois Department of Transportation and/or the City) for ingress to, and egress from, the Subject Property. The use of Lincoln Street, Colfax Street, and Orrington Avenue'for ingress and egress, except when approved in advance by the City, is prohibited. Grounds for City -approved variations from the routes for trucks and construction vehicles provided for herein include, but are not limited to, the infeasibility of accessing a particular dwelling - construction site from the designated streets. Applicant shall meet with the Director of Public Works or other designee(s) of the City Manager to coordinate • truck routes for ingress and egress prior to obtaining a demolition permit and —25— prior to obtaining the first building permit. Section 9 of this Ordinance 85-0-06 is • applicable whenever the City determines non-compliance with this Section 8(J). (K) Applicant shall obtain and provide the City with a Phase 1 Environmental Study prior to application for a demolition permit. Applicant shall take any and all remediation actions required by law, in connection with the presence of hazardous materials, if any, on the Subject Property. Said remediation actions shall be taken within the period allowed therefor by applicable law. (L) Prior to the issuance of the first Temporary Certificate of Occupancy Applicant shall: (i) establish a homeowner's association (the "Association") to govern certain aspects of the Subject Property; (ii) provide a copy thereof to the City for its review to ensure compliance with this Ordinance • 85-0-06; and (iii) record a declaration (the "Declaration"), which, among other restrictions and obligations imposed by Applicant, requires such association to: (a) own, repair, and maintain the private alleys and Open Space Parcel, including snow removal and landscaping; (b) provide scavenger service at its expense; (c) install and maintain all exterior lighting serving the private alleys and the Open Space Parcel; and (d) incorporating the Tree Protection Plan. (M) Following completion of the demolition described in Section 8(G) above, Applicant shall diligently pursue obtaining the permits necessary to construct the common area and infrastructure improvements contemplated by the Final Development Plan, including, the private alleys, a retention and • —26— • detention system and connection to the City's water and sewer system (collectively, the "Common Area Improvements") and, upon obtaining such permits, diligently pursue to substantial completion of the Common Area Improvements. Unless otherwise extended by the City Council or in the event of a delay not solely within Applicant's control, the Common Area Improvements shall be substantially completed within three (3) years following the adoption of this Ordinance 85-0-06. SECTION 9: The payment schedule provided for in this Section 9 is designed and intended to assure Applicant's compliance with certain provisions of Section 8(D), (G), (H), (1) or (J) of this Ordinance 85-0-06. It is not a • substitute for compliance, nor shall it be construed as such. Upon the City's determination that an event of non-compliance has occurred with respect to Section 8(D), (G), (H), (1) and (J) hereinabove (an "Event of Default"), Applicant, shall pay, within thirty (30) days after written notice from the City to do so, the applicable amount described in this Section 9 (the "Penalty") and correct the non- compliance in a timely manner as directed; by the City. The Penalty may be imposed on a per diem basis for every day an Event of Default remains uncorrected; provided, however, no Penalty shall be imposed for a period of five (5) business days (the "Cure Period") following Applicant's receipt from the City of a written notice of an Event of Default ("Default Notice") to provide Applicant the opportunity to cure such default. If the Event of Default cannot be corrected • within the Cure Period, the Cure Period shall be extended as may be reasonably MPxa necessary, provided that, in accordance with all applicable requirements, the City • Council determines that good cause for such extension is shown, and Applicant is diligently pursuing the cure of such default. The Penalty imposed by the City on Applicant may be not more than Seven Hundred Fifty Dollars ($750.00) per day for violation of Section 8(D), (G), (H), (1) and (J). Notwithstanding any provision to the contrary, following substantial completion of the Final Development Plan, the Penalty shall only be applicable to an Event of Default under Section 8(D) of this Ordinance 85-0-06. SECTION: 10: Concurrently with the approval of this Ordinance 85-0-06 the City Council approved a Certificate of Appropriateness authorizing the demolition of all Existing Structures and the construction of the improvements • set forth in the Final Development Plan; therefore, the Preservation Commission review of applications for Certificates of Appropriateness for construction of the single-family dwellings pursuant to Section 2-9-8 of the Historic Preservation Ordinance shall not be required unless the plans for construction differ in .any substantial respect, as determined by the City, from the Elevations approved hereby and/or Approved Materials. SECTION 11: That, pursuant to Section 6-3-5-15(A) and Section 6-8-1-10(A)3, the two (2)-year completion date provided for in Section 6-8-1- 10(A)3 is hereby extended by an additional one (1) year to allow for substantial completion of the Common Area Improvements and shall be further extended as herein provided. If Applicant has complied with Section 8(G) and Section 8(M) • —28— • above concerning demolition of Existing Improvements rovements and construction of the Common Area Improvements, respectively, the construction time shall be extended by an additional two (2) years to permit Applicant to commence and substantially complete the Final Development Plan. Upon the substantial completion of not less than one single family home, the Planned Development shall remain in full force and effect (unless otherwise amended or repealed by the City Council), provided Applicant has complied with the material terms and conditions of this Ordinance 85-0-06. SECTION 12: The time periods specified in Section 8(G), Section 8(M) and Section 11 of this Ordinance 85-0-06 may be extended if, upon written • request from Applicant, in accordance with all applicable requirements, the City Council determines that good cause for such extension is shown. SECTION 13: For so long as any structure or improvement, as set forth in the Final Development Plan, exists and provided that the Planned Development remains in full force and effect, Applicant and all Successors shall have an affirmative obligation to pay real estate taxes to the City, School District 65, and Evanston Township High School District 202 based on the then -current assessment rate applicable to the Subject Property or any subdivided portion thereof. Applicant agrees and covenants to file a real estate tax division for the Subject Property in conformance with the Plat of Subdivision to cause the assignment of individual property index numbers for each lot and to assure that • all lots on the Subject Property are placed and maintained on the tax rolls. Such —29— • li tax division shall be filed with the appropriate governmental authority on or before • the recordation of the Declaration. The term, "each subdivided portion thereof', shall include the pro rats share of Open Space and pro rata share of all other portions of the Subject Property owned in whole or in part by each single-family dwelling owner. In the event Applicant or its Successors, are or become exempt from the payment of real estate taxes, 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 shall be made to the City, School District 65, and Evanston Township High School District 202, for thirty (30) years, unless sooner released by the City. It is expressly acknowledged that nothing herein shall be construed to preclude Applicant or its Successors from seeking and/or filing a value is 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 Illinois. 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 13. The covenant shall run with the land in favor of the City, School District 65, Evanston Township High School District 202, and all owners of subdivided portions of the Subject Property, and shall expressly provide that it shall be recorded against each subdivided portion of the Subject Property. Applicant and Successors specifically acknowledge and affirm that they have notice of, and are aware of, the provisions and obligations of this • —30— • 85-0-06 Section 13, that they acquire title subject to the provisions and obligations of this Section 13, 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 waive any right they have or may have to cause the owned or acquired portion of the Subject Property to be or to become exempt in whole or in part from the payment of real estate taxes to the City, to School District 65, or to Evanston Township High School District 202, and expressly agree to pay the aforedescribed taxes in a timely manner consistent with the then -current Cook County real estate tax payment schedule. SECTION 14: Notices given or required to be given under this Ordinance- 85-0-06 shall be in writing, sent by certified mail with pre -paid First Class United States postage, return receipt requested, or delivered by reliable overnight courier service. Mailed notice shall be deemed "delivered" on the third business day after deposit in the United States mail. Notices delivered by reliable overnight courier shall be deemed "delivered" on the date of delivery. Addresses for notice purposes shall be: To Applicant: Smithfield Properties XXX II, LLC 400 W. Huron St. Chicago, IL 60610 Attn. General Counsel To the Association: Homeowner's Association c/o Smithfield Properties XXXII LLC 400 W. Huron St. Chicago, IL 60610 To the City: Director of Community Development City of Evanston -31- 2100 Ridge Avenue • Evanston, IL 60201 With a copy to: City Clerk City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Notice to the owner of a completed and occupied dwelling unit shall be sent to the record owner to the address of that person's single-family dwelling located on the Subject Property. For purposes of this Ordinance 85-0-06, "record owner" shall mean the name on the most recent Cook County property tax bill. SECTION 15: That references herein to "Applicant" shall in all cases include Applicant's Successors, owners, assignees and operators (including the Association) of the Subject Property or any portion thereof, • whether subdivided or not, as applicable, (collectively, the "Successors"), and all of the rights, benefits and obligations contained in this Ordinance 85-0-06 shall inure to the Successors. SECTION 16: That Applicant is required to record in the Office of the Cook County Recorder, at its cost, and provide the City with a certified copy of, this Ordinance 85-0-06 and the approved Final Development Plan, prior to obtaining any City permits. All terms and conditions of this Ordinance 85-0-06 shall be recorded as covenants running with the land for each individual dwelling approved hereby. SECTION 17: That, to the extent of any conflict between ,the terms • of this Ordinance 85-0-06 and the Final Development Plan, the terms of this —32— • Ordinance 85-0-06 shall control. Any capitalized term not defined herein shall have the same meaning as used and defined in the Zoning Ordinance. Any reference to "Section" herein followed by a citation shall be a section contained in the City's Municipal Code, unless otherwise defined. SECTION 18: If any provision of this Ordinance 85-0-06 or application threreof to any person or circumstance is held unconstitutional, or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance 85-0-06 which can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance is severable. In particular, but without limitation, Section 4, which • approves and grants the rezoning of the Subject Property from U1 University Housing District to R1 Single -Family Residential District is severable and shall be valid and in effect should any other provision of this Ordinance 85-0-06, be invalidated. It is the legislative intent of the City Council that this Ordinance 85- 0-06 would have been adopted had the unconstitutional or otherwise invalid provision or application not been included. SECTION 19: That Section 4 of this Ordinance 85-0-06, which rezones the Subject Property from U1 University Housing District to R1 Single - Family Residential District, shall be in full force and effect immediately upon its passage due to the urgency of preventing development inconsistent with the R1 Single -Family Residential District Zoning on the Subject Property and the senior - family areas to the north, west, and south of the Subject Property. All other —33— F-Miroxilm. portions of this Ordinance 85-0-06 shall be in full force and effect from and after • the date of passage of Ordinance 85-0-06 and approval in the manner provided by law, subject to the following conditions all of which shall be completed within sixty (60) days after the date of adoption of this Ordinance 85-0-06: (1) adoption of the Alley Vacation Ordinance by the City Council; (2) adoption by the City Council of the ordinances and motions necessary to enact the Release Documents; (3) approval by the City Council of the Final Plat of Subdivision; (4) recordation by Applicant of this Ordinance 85-0-06, including all exhibits thereto, the covenant required by Section 13 of Ordinance 85-0-06, and the Final Plat of Subdivision with the Office of the Cook County Recorder of Deeds; and, (5) providing the City Community Development Department with certified copies of this Ordinance 85-0-06 and the Final Plat of Subdivision. • �1Ayes: Nays: V Introduced: July 24, 2006 Approved: �q Adopted: �YL��L I '2006 , 2006 --�' L�rraine H. Morton, Mayor Attest: Appro ed as to for 0AIL; Mary Mo ris, ity Clerk Herbert D. HiT� ( First Assistant Corporation Counsel • -34- • • • EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY LOT 1 IN KENDALL COLLEGE CONSOLIDATION OF PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO LOTS 1, 2, AND 3 IN BLOCK 1 IN ORRINGTON ADDITION TO EVANSTON IN THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO THE NORTH -SOUTH PUBLIC ALLEY VACATED BY ORDINANCE NUMBER 101-0-06 DATED SEPTEMBER 25, 2006 BEING FURTHER DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST QUARTER OF LOT 3 IN ORRINGTON ADDITION TO EVANSTON THENCE SOUTH 89° 59' 51" WEST 20.00 FEET TO THE SOUTHEAST CORNER OF LOT 1 IN KENDALL COLLEGE CONSOLIDATION; THENCE NORTH 00° 23' 17" EAST 100.22 FEET; THENCE NORTH 89' 36' 43" EAST 20.00 FEET TO THE WEST LINE OF LOT 2; THENCE SOUTH 00' 23' 17" WEST ALONG THE WEST LINE OF LOTS 2 AND 3 IN ORRINGTON ADDITION AFORESAID 100.22 FEET TO POINT OF BEGINNING, IN THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, IN THE MANNER REPRESENTED IN THE PLAT HEREON DRAWN. CONTAINING 153,347 SQUARE FEET OR 3.52 ACRES, MORE OR LESS. Permanent Index Numbers: Commonly known property address: 11-07-110-007 11-07-110-008 11-07-110-013 11-07-110-014 2408 Orrington Avenue Evanston, Illinois -35- • EXHIBIT B SITE PLAN • • -36- b LIN�OLAI STREET _ ' :PARKWAY'"':•:•:�: 7: - i.la.J.— I I LL.LI. i t I III I ! — —._ —� I {.l.}.1.{.L — lI •III-.L•L,L.i L..I,I i-i.l.I.�•.•.',..".T1J f I_.—.— QQ ,-lOil, .4 Trw 4 e 4 m N NKMI'Y al COLFAX STREET BOOTH HANSEN NM¢ecMe • Fterors • �a.Ng 9]J SaI� IMs 04ines $VBCI Smithfield Properties XXXII,LLC 0-.-, 40U Wes, Moon cnceyo nmaiseoesu 3 STORY SINGLE FAMILY DETACHED DWELLINGS W UNIT SIZE COUNT Z SF-09 37 x 49' SF.tO 37x49' 2 2 LU 4—TOT a SINGLE FAMILY DETACHED LOT AREA m VARIES UNIT FOOTPRINT COUNT Z SF-01 40' x 49 1 O SF-02 47 x 46' 3 SF-03 47 x 40 2 I.- SF-04 47 x 4G 1 co SF-05 47 x 58' 2 a SF-06 47 x SW 2 SF-07 47 x 46 2 SF-08 49149 3 TOTOT cc16 O SITE TOTAL = 20 UNITS PARKING SPACES TOT _ ® 3-STORY S.F. HOUSES 8 ® S.F. HOUSES 32 40 TOT REVISIONS 3/1 S/O6-4/S/O6 - S/31106 6/26/06 - 7/11/06 - 8/14106 August 8, 2006 EVANSTON HOMES @ Kendall College Evanston, IL 60201 - - - - PROPOSED a SITE /� 1 .O �e 2e PLAN /-'\ 1 -- ------ - - - - - - r - - - - - - -------'1---- ---- - II -� r • EXHIBIT C P� PLAT OF SUBDIVISION [SUBJECT TO APPROVAL BY THE CITY COUNCIL] -37- OWNER CERTIIICATE STATE or RLMOIS) "Imr. C< EDOM) ss CNPWV, DOGS MERfev CC.Try MAl iI S MF .9. S ME n.-M"Y 1' —I— 1EREm •r0 MAT 11 NIS C•USED ME A.. PROPE.n 1D BE W.WIED A.. SU9MWDED AS VOW -ME- Sm o« I Am 1nr� DAVID. 2O_ BY. LTG, 71.66' .1 .•MACER STATE D< RLN05 I cpuxTY OF —)SA L • xOlu1T PUBLIC M1 AND rm, THE COUxM' N THE STATE AfmIlLe. Da TEREBI M— AT __PRESCEMT a ME UMACER W I.L.C.. RHII 15 PERSMALLY MOM TO ME TO BE ME SAME RERSOI THOSE LAME IS SUBSCRIBED TO ME IOREDWC NSMmE.1 AS A MA"AGER K SAID LIMITED. APPEARED BEFORE ME MIS OAT INPERSON A" AM OKED ED MAT K SIGNED MO DELIVERED ME Sup NSTRUMEx7 AS KS 0- FREE -D WLUMI•A1 ACT AND AS ME MET AND WTUNTWT ACT W SAO MAMACEA MBEHALF OF SAO LIMITED UAK1TY COMPANY, AS PART OMEN M ME PROPERTY, TOR ME USES AHD ALITVOSES ""' SET Im11N OVCM UMUE. MY NANO AMD NOTARUAL SCAT NTT _� DAY W 10� 3]6LiTi.!R� MORTGAGEE CERTIFICATE ME UNDEAUDIEO AS MORTGAGEE LOOTER LIORTCACE RECORDED 1 THE M m«cG D" MI OAT OF _ wD. ASCooaYEx! xuYeEN wOiCgT COMSEYIn ..NO APPROWS ME KAI MOREM WAMM. IIORTEAME eY. ITS _—_ PRESIDENT STATE Dr TLp10S) COmT' Or _—)SS L A --1 I—C N AID, YETI THE COUNTY 0Y THE STATE ArORESAIO. DO HEREBY CERTF MAY PRESOENI OY ME SAME PERSON MOSS NWE IS SUBSNA . 10 ME IORECDMC NSTRNIEM, AS SUUN _ IR[90[xT, —(ABED —E MC -5 OAT of PERSOM AND AC-13MEDGEU MAT xE SImED AND DELIVERED NE SAID RISTRUMEMT AS WS OM ME AMD W 1.1 ACT A. n ME MCC AxD wLmTARY ACT OF SAO CORPO RAxpv. AS MMTCACEE, F MC USES ANO PURPOSES MCRER SET FORM OVEN UMUM MY NAME •MU MOTAR AL SEK Mn _ DAY OF ___ A.D. 20_ ..— PUBLIC being a Subdivision of Part of the Southwest Quarter of Section 7, Township 41 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois. LINCOLN STREET I Nm�0.1 142.Ba' 5&00' 5a00' 36.00' 35.00' 56.00' 51.00' 8 Wyi 6 8 LOT x $ :n'~1M 6 8 .�:A s :°:.s ' 8 LOT 6 "$ LOT $ m 71.e6, 36.00' W _ 131.00, 7 Z 64.50' 66.50' :L/ m LOT µ0 LOT HI aaap_� nl�F�°F� Ito' E6 Y —�v�isf� fuuii� Qg LOT 17 {— LOT 16 Q' W 6..50' a 66.50' 71.66' 55.00, 56.00' 56.00' .42B. OU 40T��1 u23V shoo' saoo' sem' se.00' 6� Z s6.Do• sa.oa' sm1A P Pa) cMnlr .�pcM•,hs -PPY-1 nr 11M C-1 P e CRY .1 FVm+1m. 1 In. CvpPRI. U. el PF b Llr. Ih l A., D • 0 e 2fg6nrr�' comp a'IcMn.h+ mndam.e «p:.+, u llpA», d°I w cmwml4. A.D.,S006 � n .wAT.r M K sr SLIM+ ° IT+1 CR1.ry PrRl:m•h+ •D 2006 o Mrrnrr w. —:�— STET+ 01 Pis) r1 —).. APPP.•M Mn mY RY -- • D. I- 61.00' MNx,rl OM.SIn PI vmlM .«... [.m+1m, m..x 0 STET. Re pwd,) c.P1r Pr cPPLh+ 122.00' a+y rt W P1+P..M 1r. _ .PT a •.D taD6 D :6 Z °L'o d l - --'a ------ R I,w ltl lionD n �e IF AFKOia•Y.T.tl—\\i\ 6 LOT 9 ti z 122.00' Z e1.00• O LOT 16 6+ is 13 �' ' LOT 14 �, g LOT 13 t TO LOT 12 11 o LOT u ¢ g g LOT 10l AR ... I. a °u«.. B o 'au e. a 61N«x n ]..n L a 6AN �n 'rB nm Am — A Am R11 71.69' 56.00' 56.00, 56.00, S6.00' 56.00, 61.00' "2.e9' \ COLFAX STREET m«•'mr." I.mnR.nnp II En AEMSED —1— ... C—I- I ") RE.SCO. IN-2.-2006 1.1 DIMENSIONS (•a RE.SED W-29-2006 NOTE AND LEGAL [ J LENSED 6-1-m-ONEWYDC2010«G •MMLOiSt'OLOEP/tOD6- 665. ID°CI REMSCD: 6-.- REMSED 1-13-06- LENSED 2CMMG AND LOTS-OROFR/I200fi-"ILIA ] LENSED S-1T-06- GYY K EVANSTpN CCR la C.RS-ELDE. ZDOS (OC .E — A-T.-OQ-ADDED OT' a EMAM _ M.MCARS-ORDFLR006-056. (DC) .EWSED:.-5-06-•00[D 20NN0 MF0 PER EVAIISTON-ERDER171305-055M (0C) ADDm CAHM[MI n x1Pn oRDE.RmA-05sYM (xl RCA15m.-.-a6_AppEp NOYESA ZONING LE. EVAN5_ CTOERIDECT-05519 (OC) pWR NM0ITOPY.I � ARM nm6.9.pU.I Mamb NDw ;M GREREY 6 BEDERMANN 1.S� GY ry��L 2006-OSUi8-002 4. l 6 t T ]rF.T,NNIm,-mINV.VAM-N1MFm.1 T OUTLOT 21 TO BE OWNED AND CONTROLLED BY A HOMEOWNERS ASSOCIATION. ounoT r -OTT: M UUr»IAnpl •i LOT cMMLPs «NUQO ei sYMBm ORHOTnIm GRAPHIC SCALE ESIABUSNED WIOR •LL TO PLAY RCEDROATIMI 1 _ _ m PIPE IS TO BE SEI AT RCUAN«G LOT COMERS IrrEA PLAT i RICON*All 1-11 OME.IASE NMURD ON "DID NEREM An �� I N C¢! I MO OIMExLONS SHALL BE ASSUMED BY WALE YCASmEMFNr UPON TONS RAT. 6TATE m.—I uELOMx. NcpaN mmn, u11DW, asD. LOTS 1.2, AMU, «KOCN 4411 dmNGIOM •WRO» TOEVA16Tm «irE SATIDVEST pIAn1En OY SECTION 1, 1OWxsmPAt NdIM. TATIGE 1A,EASY OF TIE YY=P.TJEfAI.ETdAN. NGaol COmrv, LlMI06.•LU T,E 11011MSOII,M PRLIC ALLEY VACAI[D eY .1.1CF 5. RT. 6E1A,FURT]ER OESCRBED ASFPlRMS.EWEWTWAT TIE SOIInmT T pUA,E.6Lpl]MaIC .OP LOT MTG EVAH5IUMTMEREE SOU,MItl 54 SY«ESTAm SET TONNE SOUMFAST CORNER Or LOT 1 N IEMpNI COLLEGE L'01u4MTYIN T11E11E! m ECT OPUR5TN•E ON LOTyYMEMCEEBOIIIMm'YE INESTTuma TIIEMEST LIME oe LpiS2ST ]NORRNGrpR ITEC_ ATOMETAD lm,p FEET TOPDNI m 6EGMMIG «1rE SW,MNF.ST QUARTER tF SECYd11.TUR6IIPNMORNRANGE1.. EAST Or TIEMAROMUMD"AL• "UMAP Nf:G]IN CDUNP. LLIC6 x TIE M•rMIER REPRESEM,EOOH THE gAT1EREON OR•NTR wIT•IM.IG n,.Nr spu•RE rEErw ] v Awc6 MwE w Itss 11PURNIMCER,WTINTTIEPROPERTYDES IMORIETEm ISLIX'I.rETM'1YIMTIME EJ]RPp.•TE LIMDs a TIE cocas EvNS1 W, CDD. courlYr, uNDb TEMPTORA—DA.YY MY lCEMSE EIPNES MO 14 m. ]MI6 x�nTa� ISS • .o .m TORD m nE FwmEml M«c :s-1 - OAmi1ACMA1 M"CE Y1 Faln"'i ORM IURR Mr »AMp •m g1uNL TY MS _ n•r R P 0 0 0 • EXHIBIT D • LANDSCAPE PLAN 290 B" CAL. F CELTIS OCCIDI LINCOLN STREET 16" CAL. —16" CAL. —17" CAL. PHELLODENDRON PHELLODENDRON PHELLODENDRON is BOOTH HANSEN -- -51" CAL. (OAK) QUERCUS MACROCARPA acmieu�e.r,meas.waM�q 30" CAL. (OAK) ]0]SaneDesPa�esSrtei C�xago. IYvms 60661 QUERCUS SPECIES 33" CAL. (OAK) Smithfield Properties X"11,LLC - QUERCUS SPECIE - Developer 100 West Mum _ 33" CAL. (OAK) CJucaOp CM1,ms 606t0 QUERCUS SPECIE TREE PROTECTION DIAGRAM: 24" CAL. LIRIODENDRON TULIPIFERA % Trunk Dia. YY4 I T k I i Y nl" I EXISTING PARKWAY TREES 0 NEW LANDSCAPE C5 ' • SHADE TREES z .. _ NEW EVERGREEN TREES t� -- ,!: ��nl -• �- -� _- � RELOCATED SITE -.... — I8 AUGUST 2 006 r TREES i77 ............ :...- ... ice-.-----—r 0 NOTES: 1. TYPICAL TREE PROTECTION DURING CONSTRUCTION TO BE CLEAR OF 3X THE TRUNK DEPTH OR AS RECOMMENDED OTHERWISE BY THE HORTICULTURALISTS. 2. VERIFY ALL FINAL DIMENSIONS IN THE FIELD. 04 6 16 EVANSTON HOMES @ Kendall College Evanston, IL 60201 OAK TREE PRESERVATION 'Z ® PLAN A1.0BL { :� ■ Diu !� � . �= ' J �� � ! � �■r �� •mmm�o° - �—��i mummus A�Inm• p ail J , / \ ,PA' �24" CAL. -24" CAL. Z14" CAL. —' L18' CAL. (ASH) C/ ®`. 1°A X STREET��' $August, 2006 FRAXINUS FRAXINUS FRAXINUS FRAXINUS SPECIES SRECI . -RR CIES SPECIFc EVANSTON HOMES , OTES: Evanst Kendall L 6020 TYPICAL TREE PROTECTION DURING CONSTRUCTION TO BE CLEAR OF 3X THE TRUNK DEPTH OR AS ASH TREE :COMMENDED OTHERWISE BY THE HORTICULTURALISTS. PRESERVATION VERIFY ALL FINAL DIMENSIONS IN THE FIELD. SITE A1.00L �� ® PLAN • 0 Tree Survey for Evanston Homes DOUGLAS HOERR LANDSCAPE ARCHITECTURE A"46 I—r I I Caliper SPmad I Condition +I wTy?eEES PARK I I Ace, plaunoW .I Noway aspic I 3P e5' P—W I I A. spades good 2 I Aarr .pedes I 2r 22' good e I Aar specks I r IT geed s I Ace—hubISlbe Wapls 1 28' er ee gd 6 I Popuhs dehddas l Cottonwood I 1e' 2S good T I Popoh. dehpldes l Celknwood 1 IS 2r fair g I PW.derdre..mwense l Amur Cwktme I I Is kh g I re1W oecWedaRs f Haekbewy I I geed 10 I Cettis eeddeldalls I Nackbimy I I geDd 11 I Ph.Ncdkndmn amunnse I Anmr Cor►ooa - I it I 2r I good If. I Uh— specks 1 r I Ir I goad -- 12 I PheNodeldmn ansumnse l Amur Cwktme I I I 2r I hlr 12 I Urtodendran hgpHers l TuOptw I 24' I W good id I Csn6 e.cld-tft/Hatkber,y 1 I I u good 15 I IMcdencimn bdlpgers l TWlpbee I 1r I 2w I good 16 I IN—spxks I 26' I eg' I spettmee IT I Phegodendron amurvese I Amur Cwklme I r I zr I good Is I Pbededeldmn amomnse f Amur Cwkbee I 1S' I M I pow Is I Tmdn.s spades I 1r I 2r I +ab 20 I posh.. speaks 1 IT I 27 I Pariah 21 I Fracas specks 1 te' I 2e I lah 22 I yroslnw specks 1 Te' I 2S f rah 24 I Pr"..spade. I I I 25' I I.h IS I A— pd. 1 20' I er I good 26 I Its. pecks 1 w I 2r I geed Tral Type I Ca9ar Spread I Cenditlen NITERIOR SITE TREES 1 1. Aar specks 211 I er I goad ea Gkaw. bleamMa l N..ppoeust 20, j er I good Sa Aar specks 20' Sr II lalreeod Go Ake sped.. I r .2r I gaa T. Aar.pedn I Ir 24 I gad ga PIWW.0..bb I Austrakn Ma I I 2r I good As, Am pecks 1 IT 24 I kk ac k.. specs P. I te' I 21Y I lab 10. PI.-nfw. 1 7r I 25' I Pow 11. Games maemarpa I Nw Oak I ST' I ON i apeelma 12. i Guertwa spook. 1 2P I sr I .Paelmen l2b I G.ertw specie. I 2r I 6r I speelma 12e I saran aped.. I IT 5r I specimen lea I Ater specks 1 r I 1r I geed 116 I Aar specks I I I I I good Ise I Aar specks I II' I it geed 1ed I Aarq d. I T1' I Ir I good 16a I Scotch Pl- I it i /S I gad l6b I each gWcks I 2r I it I lab jood Its I .nkawn 1 sr I Sr I good 21b I Uhna specks 1 er I 6s i specimen 21e i Aar.pe Jk. I 1r I IT I taIr 21d I 91noco.P..k. I IV I 25' I gad Ile I Cledltsb tekanthos l Honeyiecud I 2r I 45' I gad 211 I Ckehsk Mathes l Ronerl—A I I 1 25' 1 good 21g I Gkdhda bkanth.. I HenryloeuN I 20' 1 SO I good 21h 1 Guemas speck. I 1r I 21 I geed 211 1 Guemus.pedo I it I 2r I gad Ill I Cledildatdtanthos/HoaNaust I I I IO I gad Ilk 1 GkdR k Ldamna I Honeylowd I IV 1 IS' I goad 211 I A,e species 1 LS I w I 9ad 23. I Auer spades 1 1P I 2r fah an I Pradnus spedea I Tr I 28' � 1. tea I Wagnaga speck. Jl MU dkmmed) 1 r 1 20, i gad BOOTH HANSEN acnneawk . hie has . marvling YiJ Scup Des Plaines sheN cw.go. uvak 6p661 Smithfield Properties XXXI I, LLC Declepe� 4W WIM Wnan C_w..bhke-10 8 AUGUST, 2006 EVANSTON HOMES @ Kendall College Evanston, IL 60201 PRELIMINARY LANDSCAPE SITE TREE A SURVEY1.OAL EXHIBIT E • ELEVATIONS • -39- • AuTr aw" OOO OP ITM TM E= vinumWwwne DMEEP FAMWj= V,M Mu" Wenj r m aff um'iroom "No nPUL M N SUR TM MI AMO PAIL UM OW `»OP OPEM pow MESTDME SUE COUII OPrI UL rotl MMU Mr • ----- �--- _— --4yJ 10 FO0NT SiMETELEVATION HOUSE TYPE Of • 44Y r x 46%V NOMINAL fir-----� wwwab" 100��`'�NuaNr uruJ. IYrUJ. Y �140ula saruJ. stwo Roos ♦17+UJ. MAW NU'All. "MRRO" .ra us, Qua y oruJ. ��M11/ROpt i'rUJ. +6 • BOOTH HANSEN �E Smithfield Properties XXXII,LLC 6WID 8 AUGUST, 200$ EVANSTON HOMES Evana+tWq College on, IL 60207 TYPICAL HOUSE ELEV A3.1 surf RW Do ,m," STM My socfxn _ Von" ""WAMu" awo n�suurEo w000�oora Ur SMF. e"a MW r--- I! II Il � 11 rs►"cf I I — J-L3- SfoE ELEVATION • A s HOUSE TYPE Oi • 40'•O` x'40''D• 0 • TvLowwonwh rr us. i BOOTH HANSEN „�,.•r.b..punno Smithfield PropertiE )pC) il'LLC ` 8 August, 2006 EVANSTON HOMES p Kendall Goile o- Evanston,IL bp20, TYPICAL E°E E A3.1 A • suTE Row' WSU ATn vow NOOD OB lyw1wi VOUR FACE E06 T ica MEv UKF3T'"v vasaw -------- SIDE ELEVATION - B 3 NOUSE'iYPE tN •49'0r it 4G-0" ,"Woo" At. 16 J 44 • .F. BOOTH HANSEN E� Smithfield Properties )=[I,LLC o>.dom� I8 August, 2006 EVANSTON HOMES p Kandatt tCi �201 Evanston, TYPICAL EHOUSE A3.1 B vo 7 e FRONT STREET EM AnoN 1 HOUSE'�E �' 4W-W x 464r NALQSIN > M— I YMM OM .W. rYJ• 0,,Mvuw ww % .fir{Yf. gym no" K 1Yi�lrr GNY11Er .,Mem0L►. .N,r us. Y wom" NI'Q Yj. ye,�0110 fW� BooTH HANSEN Smithfield PrOPertle XXXII,LLC oada+d .� easro 8 AUGUST, Zoos EVANS"" HOMES Kendall C011e9' Evanston. IL W201 TYPICAL A3 2 HOUSE ELEV • L-1 COON RW PMKLQ.. - - - - - -- ` - M:NNLL SraD YIVAM YEI�E� FACE M1� �� TYrI� 1tEM i%m ma INWIpWW uyw0flE WE I I ` I I 1 I JJ L_—_ -- i 1 1 I WAMW $P SIDE ELgVAT{ON • A C NOUSE TYPE 02.49-W x 494r ISIS20 SR T"Wto" 4YJ M.F. maw ovs or-'Yl. pyNf1L� it'd YJ. uwwpwM 'g-ro1i. N nwn fa us• Nor r: ♦s u�• BOOTH HANSEN „d,,.....o• .-. q Smithfield Properties, LLC a+mw �ws5o 8 August, 2006 EVANSTON HOMES E toe t�gp70t TYPICAL HOUSE A3,2A ELEV CED01 King" yp1EE11 FACI TYMGL WMAT 111865""E r"" 0 Il II e 03 SIDE ELATION • B Nouslr-rfpE cz 4W4pr x 494 r • i ,r mvawmmn a"'. .se u,. awm nom ,jWX Li,. e♦fd m,r nw oa ats. �ypR noon 4r BOOTH HANSEN Smithfield Prapertle I S August, 2006 EVANSTOH HOMES fKendall CoOege yanstoM ,L 6p2O1 TYPICAL ELEV E A3.2B L Rk"W , WON OA a" MEMrAeee PROM= a Tymanw, 0MwuTM Ma WWsnv:AWjWte "IMT NA "MiAb n►u, • • Ir II ----------------- rr II CFRoHr STREET MWArIoN — — NOUSE TYPE 03.40'4- x 46%W NOMINAL BOOTH HANSEN Z: Smithfield Properties )DQi, LLC r unw.uk,c„ a^bw..vds m°io ' 8 AUGUST, 2006 EVARSTOA9 NOMES J K ou.1�C1.olte8e 6osa� TYPICAL HOUSE A3.3 UPMT U1fg1AM WOOD on siml VEAEEIIFACEI UM TYPICAL M UVEMP II II II I II BAWAMIT SPACE II II JII II L----------------------- J � — SIDE ELEVATION • A 0 2 1 ! HOUSE TYPE 03 . W0 x 4W-W +way+ wr uf. 1VIDOf aDCE Nrr Uf. ni m un .sr U.F. memnooe .lrr Uf. f,CiA10 j� FROM .rr U.F. "ML" . ".F. naa nom srui. n.uomlrnoa .ram Uf. BOOTH HANSEN Smithfield Propertie X)0CI I, LLC o.� .mwm ti.m a:voo, aroia ws+o 8 August, 2006 EV/ANSTON HOMES ® Kendall College Evanston, IL 60A TYPICAL ELEV HOUSE A3 , IA µTRW W Rn WOOD Olt SMOTM'y ___--- VgWM lAC' WNCK NAWW TtPrC1i4AEMEluDET1 e �41*2 uraml am VMWW ►AC9 • ---------------------------------- Li - 03 SIDE ELEypT{ON ' 6 ,6. HOUSE TyPE03' 4V& 46 Too— ,arr.u. w "ws ur• .xv— 'ftr►ii. ro m wr ui. nu+marnna ar ter. • 1300TH HANSEN aE� Smithfield propertie� )Mll'LLC �,�ecsro 8 August, 2006 EVANSTON 16 "omaS-11endall �e i E nfton, t4 60201 „DECAL A3 3B HOUSE BOOTH HANSEN ,,,d,,,,,,,..,,,,.,.,..P. + =5.0hD.P�— S"N c. a— ems, Smithfield Propertie XXXII,LLC .O�— c,*.w.�mw. AIPMT AW sw*c n 1113Ut m M000 W MDOM! MOOD OR STOVE TRIM ACCEMff MANUAL iT11CC0 Mum MIT UMEffmc UMEf rolff am COIRKE oF" o"L.• FULL LUBM IT II II II I II I: II II II II II --- - ------ L — — — — — — — — — — — — — — — — — — — — — — — — J� L .wmnsresas -- — — — — — — — — — — — — — — — — — — — — — — — — — — iru�. 8 AUGUST, 2006 FRONT STREET ELEVATION 0 2 4 e 16 HOUSE TYPE 04 . W-W x 4W-W NOMINAL EVANSTON HOMES @ Kendall College Evanston, It. 60201 TYPICAL HOUSE A3.4 ELEV is 0 AIMMT IWOf ORMO M INBUUTm WOOD w"a mR IE000 OO BTOw "N ACwn NATURAL STW= YENEEO CUR LIYENTONE UlUUME BASE COurm II � II II Il MiE11FJtr EPACC I I I I II II I! I{ -- - - ----------------------------A ------------------------------- SIDE ELEVATION • A 2 HOUSE TYPE 04.4CV4r x 4W-0' 0 2 rVL1'^ ,wsamrtnow rrau. w kL BOOTH HANSEN •,w.m....n.b,-P—" ansum 0e Pbhn S . m-w. � �, Smithfield Properties XXXII,LLC .m,w.= a+000. w�ois wa,a 1 8 August, 2006 EVANSTON HOMES 0 Kendall College Evanston, IL 60201 TYPICAL HOUSE A3.4A Irasa"'j, ASMMT ROOF EIRROtE.s 11MILATE0IF000 eRDONi WON on Flow no ►ccom M7uML I n= MEN ENCLOSED am" ummom USE courm BOOTH HANSEN ms—o w 61r cw"., im's 606E Smithfield Propertie XXXII,LLC II II I II . J L___—_J I I I BASU Nr PAW L — — — — — — I I I it II II II L------------------------1. NLfa1MIFID611 8 August, 2006 `---------------------------� �.fL►J. OSIDE ELEVATION • B o 2 4 6 15 EVANSTON 'Z- Xr i HOUSE TYPE 04 . W4r x 46'� r HOMES ® Kendall College Evanston, IL 60201 TYPICAL HOU SE A3.4B jjW o4 $TOME nun A--•- WWLAW WOOD VVIMFACESIRIM qT omm"MonAL COr UMEMWE Law"Togsw FRONT STREET ELEVdd10N 10 HOUSE TYPE 05.49- 1 W-V NOMHAL • .04 tw0j. wow— .11^f LM "oonaw h t. .soatt. q naw- .uout. S MWAAW •rout. FWTfLo" as ut. • BOOTH HANSEN o�rotw �uus °�� Smithfield PrOPertie� XXXII,LLC o� I8 AUGUST, 2006 EVANSTON HOMESCouese �vsnstoe. 14 �Ot TYPICAL A3.5 HOUSE ELEV L'i SIDE ALLY V .Lf►ATION • A 02 HOUSE TYPE 05 0 • I Q6noa .aq,w "A vow" .aru-F- q ap�+p nsrnoaa h aaus. C� BOOTH HANSBN Smithfield ProPeltie )=II,LLC ZOPW 8 August, 2006 EVANSTON HOMES KI�Ig endall p1 Evanston. TYPICAL ELEV E A3.5A s IMMUMN w/a,U ual cooso goo on omiE MULATO' EMax oXf UUM 03SIDE ELEVATION • 8 HOUSE TYPE O •4W'r • • BOOTH HANSEN Smithfield Propedte, X)OCII,LLC I 8 August, 2006 EVANSTON HOM1�S �o) Kom1aN'Coll��t Evanston, TYPICAL E°E A3,5B ASFNKT HOOF tEflN� WOOD 01157011E TTIM ICMU IIISUUITED WOOD WINDOWS UTUML STOCCO Mine UYESME MSE COIOIEE ,somm h ra+Irw. �" w ramoean aqhh L _ _ _ — — _ _ _ _ _ — - J , �— — _ _ _ _ _ _ _ _ _ 1- • BOOTH HANSEN msaa,oen.r�s.r Smithfield Propertie XXXI I,LLC 1 8 August, 2006 CFRONT STREET ELEVATION 0 2 4 a 16 EVANSTON HOUSE TYPE 06.4&.r x W& HOMES @ Kendall College Evanston, IL L201 I TYPICAL E� E A3.6A Iu10111u I I Im nv..a, 'd, II I "" if L—____________ ___________J CSIDE ELEVATION • B 3 HOUSE TYPE 06.49-V x SW-W 0 2 / E r-u-` BOOTH HANSEN ftd*d •-b--•P—ft Smithfield PropertiE )=II,LLC G+moo. mm msm 1 8 August, 2006 EVANSTON HOMES ® Kendall Collage Evanston, IL 60201 TYPICAL HOUSE A3.6B -0 • • wa yr Ys. .MSYa. io►wutiw��* wseYa• Y Ntd YR —Roo tMa Ya. wo— t!t* Ya. 6ECOM� nD� - tnrYa• van- •+: p • f"T"— �y .700J. Y a0* Wd Ya. �rt arrow --------------- ------ - [ _----- FRONT SINST EVAT10N 1 HOUSE TTPE 07 • 4W'W x 494rNOMINAL BOOTH HANSEN Smithfield Properties XXXI1,LLC tmwm,wm G,.wO� W"°rsms,o 8 AUGUST, 2006 EVANSTON HOMES @Kendall Co66o9e Etranaton.lL 602C1 TYPICAL HOUSE ArA ELEV ------------------------------------------------------------------------------------------� axn "nuum WOOD ON sm volm FACE II OPnOxu, 6ASUMT !PACE I L------------- OSIDE ELEVATION • A Z HOUSE TYPE 07.404r x 4&4r NOMINAL 0 II II II ------------- I_IJ. 0 o t . a r—L.-.J n "Mom", wa 1K "J. n�oor�aa wruJ. rrasruuamsr .arui. raw= 0 v. si vJ. neemmw Ww ".F. Vanua .2lY AJJ. ateaonoce .tar uJ. ncuwo Htr".F. na nnoo„ wr u.F. OPAW VOW. nutmrnsa rruJ. BOOTH HANSEN mSee o.�i —s.., o�.. sm, Smithfield Propertie XXXII,LLC a.�o. nae eas�o I8 August, 2006 EVANSTON HOMES @ Kendall College Evanston, IL 60201 TYPICAL HOUSE A3.7A I SLATE' MutII lEOv WOOD OR STONE 4ENEEA FACE E WAUTWE 0"KWAL• SAEEYENT UMX- I 1 II —L------- ---- SIDE ELEVATION • 8 3 HOUSE TYPE 07.41Y4r x 494r NOMINAL I 1Yeor� (,J,, .Ka1wa.F. Y rMw ew +'W4r" . f liaM YLLI�IEgXf .a-rus. ncueo i L.P. .a-rass. 1'ee no" .4W'W "A Kiaa.o .ar ass. iscn'e noes .'ram .F. "ftm .'!-rail. Fawn" J Sam -r"O. • BOOTH HANSEN mS�onPM" a+... m am, Smithfield Properties )00(11,LLC 0..d4o wo wmllVa. a.m.. r m ®eio I8 August, 2006 EVANSTON HOMES ®Kendall C0114 0 Evanston, IL 60201 TYPICAL HOUE EV AUB rrsru►aw �, � ELATE ROOF onwn i 14TII��TTbIfOFHI � YE11EE11:T11000� ETDAE TRIM ACCl/TT --FpRd►NODF- NAM FACE EIUCR YA1Q►Ifir -- -' - l lftgmw 3uRROuNO VyUMS &Url COURSE -------- r Ii 10 FRONT SMEET ELEVATION HOUSE TYPE 06 . 40'.p+= 46W NOMINAL • +ptrean� ssaur. aAe�c �44IJ. �ROOII LA BOOTH HANSEN Smithfield Propertie XOCII, LLC D� c++wu. Dion U.'D 1 8 AUGUST, 2006 EVANSTON HOMES ��a "°�ieozoi TYPICAL HOUSE .� A3. $ s _llpppORClONEvwAccv - __-__-_-___ _ . VowA fma go" • II II II ' it 02 SIDE EWA7IDN ' A 400 x 400 K4USE T/PE OS NrxYJ. 'y�r�►YLI� 1_ �ppIpWJ0Dl1 „rxuJ. ..rya t� petnoer .rx yJ. v� o-aw• rrueren n°°" rxYJ• 800TH HANSEN Smithfield Properties )MII,L.LC 8 August, 2006 EVANSTON HOMES ICan"it Cofie9@ Evanston, {L 6o", TYPICAL A3.8A HOUSE ELEV -------------------------------- 1 ------------ -------------_� sip . VLVAnoH • B 3 W.W x 4V IAOUSF r(PE 08 • .w4rW. .J,. � V- eYJ. , manor .te uJ. wuo� oeuJ. w,w�►n BooTH HANSEN Smithfield PrWehte� )MII,U.0 1 8 August, 2006 EVANSION 140mes HOUS L A3.8B r�ousE -* s • u z e FRS STREET ELEVATION 1 HOUSt: TYPE 09.394' x 4914' NOMINAL fueo►w- e, •xaw �' IIOM �7yYf11�Mt1YMT g. ♦fP�fR 4 r q. ,frr r rVe— +utui. 4 a u.f.+aoa fi.Yu n 00 Y Wmaimm go LsLo. • 1300TH HANSEN .vusn,.rre.fs Ei� B Smithfield Propedle� XXY,1I,LLC Ig AUGUST, 2006 ,6 EVANsro" Hotwss Kendall IC-i60201 ranaton, TYPICAL HOUSE A3.9 ELEV ISO Wow 0 t 16 SIDE ELVAT101N • A 2 NOIiSE TYPE 09 3V-W x 4W W NOMINAL • BOOTH HANSEN Smithfield Proped1e XXXII,LLC ,,.wmoa Nw ow uu mom a. A X y.brnow �L a. •2+' q .tsr us. VA TLC" a..ur -- I nou"D .1:r u-0• rs.Y�"D0p J a..rr rarx urn crxr.r. 8 August, 2006 EVANSTON HOMES ® Kendall II2201 Evanston, TypiCAL HOUSE A3 9A ATE m INseu►ho wood on sm vOWN FAC urEs-_-- SIDE ELEVATION • B 3 31,0. Y 490 NOMINAL HOUSE T11PE 09 ' • 500TH HANSEN wwwwo . a, ,3ra+K .on— s..,,,4tw u.Wdeoa .� .rig' Y won- sgr Pjj. L/. bi" q, Nti rs.a-00" &, .74r a-4m era PA' LIJ. � Smithfield propertie-, )pCXi1,LLC 1 g August, 2006 EVANSTON 4 s ®OMESron69e ° � ram+ Evmdon. IL 6020i vpiCAL HOUSE A3 9B ELEV EXHIBIT F • APPROVED MATERIALS • 17� -40- • • TO: ROB BUONO FROM: Kerl LaJeune, Booth Hansen DATE: August 8, 2006 SUBJECT: EVANSTON HOMES PROJECT EXTERIOR MATERIALS LIST SUPPLIER CONTACTS PROJECT NAME: Evanston Homes II PROJECT NUMBER: 0509.00 PAGE 1 OF 1 DISTRIBUTION: BH, File MATERIALS: 1. WINDOWS: 08810 - Aluminum Clad Contact: 08550 - Wood (Stained) Contact: 08810 - Insulated Glazing Contact: 2. ROOFING: 07317 - Slate Shingles/Tiles Contact: 07317 - Synthetic State Contact: 07311 -Asphalt Shingles Contact: 07310 - Cedar Shingles Contact: 07318 - Wood Shakes Contact: 3. WALLS: MEMORANDUM Dover Building Supply LTD LLC, Willmar Windows, Andersen Marvin Windows, Andersen Windows and Doors Dover Building Supply LTD LLC (847)-249-7670 or Viracon Solarscreen 2000 Camara Slate Products (842) 265-3200 Majestic Slate / Ecostar Carlisle (800) 211-7170 GAF Materials Incorporation (815) 372-9701 Dover Building Supply LTD LLC (847)-249-7670 Dover Building Supply LTD LLC (847)-249-7670 r 09220 - Natural Stucco Contact: Chicago Plastering Institute, Larsen Products 800.633.6668 04210 - Veneer Face Brick Contact: Brann Clam Products 708-422-1000 06200 - Cedar Siding Contact: Cedar Siding Inc. 800-345-9471, Alcoa, Certainteed 06200 - Composite Siding Contact: "Max Shake" or Bradco Supply Corp. 708.396.0247 4. ACCENTS: Fascias, soffits, gutters, downspouts, flashings 04430 - Cut Limestone Contact: Northfield Block Company (847)-816-9000 04730 - Renaissance Stone Contact: Northfield Block Company (847)-816-9000 05505 Galvanized Steel Contact: Morse Industries, GS Metals Corporation 06200 - Exterior Wood Trim Contact: 04210 - Brick Pavers Contact: Hanover Architectural Products (717) 637-0500 04210 - Concrete Pavers Contact: Northfield Block Company (847)-816-9000 06152 - Composite Decking Contact: Harry's (773)-631-6568 TREX Decking: (800)-BUY-TREX M:\Projects\0509 Evanston Homes II\Project Correspondence\Memo\Materials List.doc Architecture Llnteriors LPlanning 333 South Des Plaines Street Chicago, Illinois 60661 312.869.5000 312.869.5099 F boothhansen.com EXHIBIT G • PLAT OF VACATION [SUBJECT TO APPROVAL BY THE CITY COUNCIL] • • �41� • GREMLEY & BIEDERMANN PxCYESSIWI( LIa9 54RrTYD3 110-1S Art.IE. C..99, IL 1.59 1— I715) 05-5191 fu (111) ZM11M E. I.mPLCS5rrt1 Zr Plat of Vacation n [.rNr� pel'nodq.�.lnnu nwM w-xx lr EW lwalwr:lMiu lblr TY A�aro�weiorr aazwm.o swmrm » 1r w.n,w v. ww... m 9.q..:q. n n. swael �� '.r,.r.nwn.Iv... wn.I.. E.nde..l.e awra,+d.mrn.nrm -1. el —.h) 4-1 eY Ine Cmna9 0l Ine Car er E.vnrtm, Nnoa of a meelnq nad m Ine 1� c mrwe=h s.w el .wa D. 2w9. MY r nine end elr. me _ •.D.. 2add. GIY G.rt, E.mslrn, olnd. 9lnla 1ce.•ha cwnlr .r . D...Iw .1 Gar el E—­.nndl. do —fty army Mal In we a da6p o unp; N r oh�l map mc> w M1nM F ens wwn nel ne a elern oo .d eqo a1 M. b. t of Imi Fduded F Inn a.l of Cm.dh.lim De1ae Inh � d.Y el F 40.. Z006. D...lw el YFos.. �lel'r olnneh) I C.cYJaa bdro.M Inh C.s.alm, wnwa dvY al _ _ _ _ A o ZDD9 Zmnq [nre.cwrrwrl 51C�1. el Nnoh) 11 0l Cer)n •ee.end Mh Olrsw. E—Im. ninon der o A D. Slab e1 Nnee) SDO6 cwrr a raenha bme..d 1hi. day el • M ZOD6 Gupw— Cwnad. E NY3 09-29-x mttE -'E5 [RJ1] d5ID 5/3/DE CE1rR (8B) H®5r. 9rYudnMen[5 M5E® mrwly aa.v.srr.n.dat+waadnd wroa.a.Cwlw.rgdaeESDnE e�+FON 1 1 .rn. wre r oo rysr q NYrws 9E.OPE O.np Y doa GRum 6 BE09U45NN ' r.eae�awrn.ndgrr.ru«wrw..rgwr.w.,m. «DdM.as.wa..mrnr erwm..�..r.rd �.E.a+. .w.. mnl�eav i�nid..�e.. we.rwn.m.w«4sv pon4.nery anaE.dnrnl.n.d. ;;6-051$6-001 .�a r""".•ssr�"IlwEn•w.dl�.wlNe.«.y9w.E5«a5nmrn.,dGwrrd. wemY a loll I..,. .. ... ... nr.�r..a - coornlerne9EaaEra ElEDenuAwr. we. xox wnyno nrn.eu i LINCOLN STREET w 1 W D D Z Z W w Q LOT 1 Z Z Q :0_00 LOT 2 y �v/ 8 2m 0 LOT 3 0 - 10.00 211A2' COLFAX STREET GRAPHIC SCALE Cory aCml p •�^ COVENANT Kendall i ollaga. a trot -for -profit emrpw file* dull `bri vieitad and eA" ander. the laws of Ow State of Mickbeft the oww of. 1% CaNaeey Sdiod of . Kendeil College. an see edited school for the tLz daft.jed edreation of. s1 4 91 Plewift fdt° ewe" its the . hotel aad 4a�6ae Manwes, an beated its the Clty of Evanston. Cowdy of Cook. State at Blade at k eiesideratian of the Caty of Evahstas pen.ltft WA teary Eebool and Elinmowti ��aslgF , -YIg The awtak of Us t�C � 3Mooty�evnidet� P and nee& as dewribed is arehitaetwd eaitihtta an ale wft the City of Evowton. It Is hereby eoeeseated and agseed as fouasac 1- Kendall Cotlega sha1A eortfeew go aaatutain a lilt faryaar degree program 1A older to *owe that The Clay Sctrool is classified as part of Kendall College sad not tepee into the arming ordiiarree definition as a °tnsde school`. 7- Attached to and pert of MS COVENANT 1S Extdbit A. a site pl" of Ule banquet roomW amd dining roomisl including a foal floor p1m for all of Lire expected improvements throagh Ady. IM. This plan includes the 0=rauta Seating in the final design for each meal serrice facility- 2- Kendall College, thrcur The Culinary School, will operate all of its dining facilities on the following schedule. Banquet Night: Monday. 6:45 - 9:00 pen. Luncheon: Monday through Saturday. 11:30 a.m. - 2:00 p.m. Dinner: Tuesday though Saturday. SAS p.m. - 9:00 pm. Expansion of this regular schedule must be approved by the City of Evanston. The schedule is inclusive of all planned banquet, lic'rcheon, dinner and other daisy food services neressery' to the operation of the educational program_ 4. The Culinary School program shalt be limited to a maximum of 2S2 full-time students on ea.apus at any one '.:me. S. There shall be no advertising specifically dire; ted to the general public regarding meal services. This restriction re7pocts the "not -for -profit" and 'non-commercial" nature of food services incidental and integral to the conduct of the educational programs of The Culinary School. 6. The dining facilities and services shall be restricted to College faculty, staff. students and guests of the College. All services of The Culinary School shall be either incidental to or an integral part of the culinary and other educational programs of the College and are provided solely to support and extend the College's capacity to fulfill the educational intent of the program. Guests admitted to the dining facilities are considered both patrons and evaluators and are provided an opportunity to participate in the instructional program as such. Attendance restrictions shall be posted at or near the entrance to each dining room and shall apply to all food services of The Culinary School. EXHIBIT B . ird , of hi, 77 QKW",.' 'J. 4N, F. e 7.. As a not-for-prefii entity, it shall be Lha policy of Ken&d C&WV and The CujUjary schaoj to limit an meal charges to an participant® to tits actual cost of preparing and serwing the fixed. The College Is not involved. ow lees it wish or Intend to become frivefived. in opet ting a -ear-peont- enterpass an its cs"Vw evM though it the iffljporttonet to its culinary proultio of simulating as e5asely as possible and In a laboratory enwirmwent an 'V 1-t that seeks to realize the real world enviransimst of e emmereld *far -profit, food-ralated servilm L An grabdUes are ad shidt emtkm to b* gifts to 7ba Cdhwy Sehool Sebawship Pmi& 71w CaDep maktaim In Its awwWft gift report * separate Item In which &C VMWuss are rtearded. 7'hb report Is avamme to the City of Evarstm an "Wpest. 9. Kendall CaMlege , i h., that t1w CIty 0 Evanttaa reserms Its rW to ;raiae XNWAU comae for vicktice of 0" eovenaat rie the adsaat flat say Of the Pfavisficas awtak4d twe W* iveeeNd. MAs 6CNWNMt ShM be bitking. wt ** an UW 4ows bereat. btd their• i.- --,- .. - . steed asiess. sad dmU run finth OW ISM ad shaD be binft'apaa and be a part of an fvtww coveneftts and agreements. This covenant Is sands IN Uwar of the CIRY of Evanston, a wAvdcipal coeporztion. and may be released wAy ap= agreement with said City. rN WrMM VVER20r. Said WMAdan Codte o. a corporation. has caused its corporate add to be hareto affixed. and has ceased Its name to be signed hereto by its President- and attested by its Recording Reaaetaryr, this day of July. 1"T. KENDA 4 COLL r- A CpR3P!ORA71ON By UnL ATTEST: �itecVrdTIng 74U11 S102 W12157 14:E6:44 Secretary W37 STATE OF ILUNOIS 1-CWtv RECCIIAR COUVTY OF COOK k;r. r2 I the undersigned. a Notary Public, in and for the County and State aforesaid. DO HEREBY CERTIFY, that Andrew 14. Cothran, perso"lly known to me to be the President of the KFNDALL COLLEGE corporation. and Sendm Forrester, personally known to me to be the Recording Secretary of said corporat:3n, and persofially kn6vin to me to be the sanwe persons whose names are subscribed to the foregoing instrument. appeared before me this day in person. and severally acknowledged that as such President and Recording Secretary, they signed and delivered the said instrument as (S President and Reeonding Secretiry of said corporation, and caused the corporate sea! of said corporation o be affixed thereto, pursuant to authority given by the Board of Directors of s-iid Corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal. this -7 day of T /Y F-7 My Commission Expires- 15= Expires pjzy 2r,'