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Home My WebLink AboutORDINANCES-2006-100-O-069/12l06 8/30/2006 • 100-0-06 AN ORDINANCE Repealing Ordinance 53-0-71 which Approved a Variation from the Off -Street Parking Provisions of the Zoning. Ordinance, and Releasing a Restrictive Covenant Regarding Use of the Parking Lot at 2306 Noyes Court, and Limitations on Total Student Enrollment and Off -Street Parking ("Kendall") WHEREAS, the City Council adopted Ordinance 85-0-06 on September 11, 2006, rezoning the property in the block bounded by Lincoln Street, Orrington Avenue, Colfax Street, and Sherman Avenue ("Subject Property") from University Housing District to R1 Single -Family Residential • District, and granting a special use for planned development to permit the demolition of all existing structures located on the Subject Property and the construction of twenty (20) single-family dwellings; and WHEREAS, the Subject Property was formerly owned and occupied by Kendall College which operated thereon its College, Culinary Institute, student dormitories, administrative offices and related training and instructional programs; and WHEREAS, the City adopted Ordinance 53-0-71, attached hereto as Exhibit A and made a part hereof, on October 11, 1971, to grant a variation from the off-street parking regulations of the Zoning Ordinance on a portion of the 0 Subject Property, legally described in said Ordinance 53-0-71, so as to permit 100-0-06 the continued use of the leased parking lot at 2306 Noyes Court to fulfill certain of said parking regulations; and • WHEREAS, the approval of Ordinance 53-0-71 was subject to conditions, generally requiring. that Kendall College purchase or lease the parking lot at 2306 Noyes Court, that the total student enrollment not exceed one thousand seventy-five (1,075) students, that the off-street parking spaces not exceed one hundred ninety-two (192) spaces, and that these conditions be recorded in a covenant running.with the land; and WHEREAS, the aforedescribed covenant, dated November 24, 1971 and attached hereto as Exhibit B and made a part hereof, was recorded as document no. 21739386 on December 8, 1971; and WHEREAS, the covenant made provision for its release, including • that it was "made in favor of the City of Evanston and may be released only upon agreement with the City of Evanston"; and WHEREAS, Smithfield Properties XXXII, LLC, owner of the Subject Property, has requested release of the covenant; and WHEREAS, Ordinance 53-0-71 and the aforedescribed -covenant serve no public purpose with respect to the use of the Subject Property with the adoption of Ordinance 85-0-06; and WHEREAS, the City Council has determined that the express repeal of Ordinance 53-0-71 and the release of the covenant are in the best interests of the citizens of Evanston; and • M —2— 100-0-06 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL is OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are found as fact and made a part hereof. SECTION 2: That Ordinance 53-0-71 adopted by the City Council on October 11, 1971 is hereby repealed and the covenant recorded as document no. 21739386 on December 8, 1971, is hereby released. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: That this Ordinance shall be in full force and effect from and after the date of its passage and approval in the manner provided by law, subject to the condition that Smithfield Properties XXXII, LLC, shall file • Ordinance 85-0-06 and the Plat of Subdivision, Exhibit C to that Ordinance, with the Office of the Cook County Recorder and provide the City with a certified copy thereof at its cost, but in no event more than sixty (60) days after the date of adoption of this Ordinance 100-0-06. Introduced:,-,,'-' t , 2006 Approved: Adopted:-j ' a u. t� L P j , 2006 R-? z L�1�- , 2006 CCs _ orraine H. Morton, Mayor Attest: Ap ved as to form: INI ;1 ,40 011�1 Wei Mary . I i Jrjs,, City Clerk Herbert D. Hill J • First Assistant Corporation Counsel -3- 53-0-71 AN ORDINANCE : Granting the .Appeal of Kendall College for a Variation from the Off -Street '•"'' Parking Provisions of the Evanston Zoning Ordinance, Adopted November 21, 1960. I . I BE IT ORDAINED BY THE CITY COUNCIL OF THE CI'fy OF .. 1 EVANSTON', COOK COUNTY, ILLINOIS: SECTION: 1: That a variation from the off- street parking regulations of the Evanston Zoning Ordinance, adopted November 21, 1960, so far as said regulations pertain to the property located at 2306 Noyes Court, in the City of Evanston, Illinois, and legally described as - The East 463 feet of that part East of Ridoe Road in the .:south 12 rods of the North half of the North half of the southwest ruarter of Section 7, Township 41 North, Range 14, East of the Third rincipal Meridian (except the Horth 33 Feet taken for Lincoln .street, and also except the _ast 20 feet taken for Orrington Avs-nue), in Cork County, Illinois; also known as: Lot S in Assessor's Division of fractional section 7, To�.nship 41 ;-north, Range 14, East of the Third Principal Meridian, according to the Flat thereof, recorded Febru- ary 3, 1858, in Rook 143 of tjaps, on page 45, as Document No. S37'526; also Let 1 and the North 31 feet of Lot 2 in Flock 1 in Orrington Addi- tion to Evanston, in the 3outhviest quarter of said fractional Section 7, in the City of Evanston, Cook County, Illinois, — is hereby granted, permitted and made so as to permit the continued use of the leased parking lot at 2306 Noyes Court, to fulfill the reouirements of Sections f..B.10.h and /,.B.10.i., subject to the following conditions: _ (1) that appellant shall purchase the parking lot at 2306 !byes Court or shall lease it - for a minimum period of 10 years and there- after shall maintain a lease agreement for the lot or this variation shall terminate; : •. -,r:'. ®JUd.e.1 A .,.. ,�1. dJ. 9yl,a.� l;J l l,.U. ltdn-.�3f. aJdes�.11elleJ i�aliY1�� d1C6iIJLE!iWl,eb.!.d]Ol,ti-M,Nkel EXHIBIT A - - I fQ Li (2) that the total student enrollment shall not exceed 1,075 students, 850 during the day and 225P 4t night, and total faculty, staff and employees shall not exceed 150, and the appellant's requirement for off-street parking spaces based or all uses shall not exceed 192 spaces, or this variation shall terminate; and (3) that a covenant of agreement to the above conditions shall be submitted in recordable form by the appellant, all in accordance with the recommendations of the Zoning Board of Appeals. SECTION 2: The Director of Inspections and Permits is ordered and directed to grant a permit to Kendall College in accordance with the findings and recommendations of the Zoning Board of Appeals. SECTIO14 3: This ordinance shall be in full force and effect from and after its passage and approval in the manner provided by iavr. Introduced^--rtrWr l `t , 1971 Adopted qMD ll 1971 _ �: '',rlmi �u�wiritrml4aL�SG`�rlS='1 ' �a.�►-arri rulMee��rat�1 1 � 2! 734 A C O V E J A NN T 1the undersigned, bain tea owner of the following legally damr4bod p+-�aises lacated in the City of Evanston - The Bast 463 feet of that part Bast of Ridge Read of the Sovth -12 gods of the North '1/2 of the North 1/2 of the South NNeat 1/4 of Section 7, Township 41 North, Range 24, Mast of the Third Principal Meridian (except the North 33 feet taken for Lincoln 8treat, and also except the test 20 feet taken for Orrington Avenuc)., in Cook County, Illinois; also known an? Lot 8 in Assessor's Division.of fractional Section 7, Township 41 forth, Range 14, East of the-2hizd Principal Meridian, according to the Plat thereof, secarded February 3, 3E38, in Sock 143 of Maps, on page 46, as .o... L number 97526t also lot = and the North 31 feet of Act 2 in block 1 in Orrington Ad Wan to Evanston, in the South vest 1/4 of said fractional Section 7, in the City of Evanston, Cook County, Illinois. commonly known as 2408 Orrington Avenue, Evanston, Cook County, ulinois, For and in consideration of the granting of a variation by - the City Council of the City of Winston from the off-street parking regulations of the avanaton Zoning Ordinance, so far as said regulations pertain to the property locatl+d at 2406 Crringtm Avenue, Evanston, Crok Con-,%ty, Illinois, the undersigned for it- self, its heirs, a- earn and assigns, hereby covenants and agTWW as follows% i (1) that the.un ersig" shall purchase the parking lot - t2 located ntt .2= `Nkiyas Caurt, Evanston, Cook County., Ulinois, ; or *ball Reese 'it for a minimma,.pariod of tea (10) years and --- thaveaftWIMINAMALU aaah Neese , .. .,.. t for tha lot or the LC� variat4,xm a-Nxrninatet and L A> (a) that total student enrollment shall not exceed 1,075 cttdents, ISO during the da} and 225 at night, and total jaoaift, Olaf! fad employees ob&12 not oxoeod 150. and that the rsgdiYwnf for off-street parking spaces, based on all uses, shell not axceed L92 spaces or the variation granted shall tarainate. This covreer. nt shall be binding and run with the land, not only upon the owner, but upon its succasoars in right, title and 0 • • 0 0 Ott. 1971 pN 1 0 0 0 tamest. This. Covenant is made in favor of the City of Evanston and may be r&l*assd only upon agreement with the City of Evanston or at such tiwe an the Zoning Ordinance of the City of Evanston may be amnded to eliminate the off-street parking requirement from which a "&Vj4xUm..h" 4b"a -.A=m&tmd#. -at .at suGh tiara as a further variation is grsnbaI After a proper notice and hearing. ATTEST: / 'ar ter seas, SezTetary STATE 07 IMINOIS 86 V COOK X3mWMdL Cmjj=, a nzt;4At VAMOP, it cotpor Lion by Westeroarg, PronvEnt t%J a Notary Public, in and for the and S 44 tate -Cox*" & 00 HEMY that Wesley M. pr%xiovaLUy known to mis to be the President of KENDALL not -for -profit Corporations and Parker Thorne, person- :";V:W;' to Ion to be tba FA=Otary of XSKDALL CIMISGS, a not- -no parxona24y known to me to be the same wrr.:wa naams are subscribed to the foregoing instrummt, before to this day end ewmr&Uy acknowledged t!utt an such Pmaideft dad Asaxetsmy., VW signed and delivered .;;Iia .-64txuxeft, as lVeoLdent and'Searetary, of said Corpora- a,,J caused goal of said Corporation to be - af- 0 tf"f!rfttQ, put nant to =*h6riV, given by the Board of 01 said C ... ki-UM as their fiv.e and voluntan act, and ..)f said Corporation, for the uses ane purposes therein set =Y b"7.00d;natftriml seal, this -2- ml day of 53-0-71. AN ORQIItiANCE Granting the .Appeal of Kendall Collec for a Variation from the Off -Street �. Parking Provisions of the Evanston Zoning Ordinance, Adopted November 2.L,- 1960. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That a variation from the off- street parking regulations of the Evanston Zoning Ordinance, adopted November 21, 1960, so far as said regulations pertain to the property located at 2306 Noyes Court, in the City of Evanston, Illinois, and legally described as - • The East 463 feet of that part East of'Hidoe �:.:. Road in the South 12 rods of the Borth )-,a!? of the North half of the-outh:vest cuarter of Section 7, Township 41 North, Range 14, cast of the Third :=rincip l -Meridian (except the ::orth 33 feet taken for Unwoln .3treet, and also exce;.t the ::ast 20 feet taken for Orrington ikvzz uo), in Cork County, Illinois; al_o known as: Lot 3 in Assessor's Division of fractional .iection 7, To.anship 41 ,North, range 14, Fast of the Third Principal Meridian, according to the Flat thereof, recorded Febru- ary 3, 1858, in ' oo'r, 143 of 1..��t;s, on page 45, as Document No. 97526; also Lct 1 and the North 31 feet of Lot 2 in clock 1 in Orrington Addi- tion to Evanston, in the Southwest quarter of said fractional Section 7, in the City of Evanston, Cook County; Illinois, is hereby granted, permitted and made so as to permit the _ continued use of the leased parking lot at 2306 Noyes Court, to fulfill the requirements of Sections X. S. l0. h and X. 8.10. i . , subject to the follo-ring conditions: (1) that appellant shall purchase the parking lot at 2306 Noyes Court or shall lease it for a minimum period of 10 years and there- after shall maintain a lease agreement for the lot or this variation shall terminate; - .LI EXHIBIT A (2) that the total student enrollment shall not exceer' 1,075 students, 850 during the day and 225 zt night, and total faculty, staff and employees shall not exceed 150, and the - appellant's requirement for off-street parking spaces based on all uses shall not exceed 192 - soaces, or this variation shall terminate; and (3) that a covenant of agreement to the above _ conditions shall be submitted in recordable " form by the appellant, all in accordance with the recommendations of the Zoning Board :a .:. • .. of Appeals. SECTION 2: The Director of Inspections and permits is ordered and - a directed to grant permit to Kendall College in accordance _ ^'..'.`;: > with the findings and recommendations of the Zoning Board of :.• = :-.:`•'° SECTION 3: This ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. Introduced �ti,�'r I+t 1971 , Adopted b jl , 1971 Approved NrOWIT It 1971 7diayOr V Attest: City. Clerk :... - Approved as to form I; ;• Corporatioso/Counsel is ^5: � • : , :•_.r:::;,+ .,'}•- - raj_ - •l •. _ ii r.•: '•.r i,•:. is .: •.!v�•. %. .ur _ ry. i ate'. :..4,__.. 4 - _ hr .•may _ N ei- _ _ _ .q.I •ry _ _ I s .L'