HomeMy WebLinkAboutORDINANCES-2006-005-O-06•
3/16/2006
5-0-06
AN ORDINANCE
Granting a Special Use for a
Planned Development in the
R7 Single -Family Residential District at
415 Davis Street and in the
R6 General Residential District at
422 Davis Street and 1615 Hinman Avenue
("Mather LifeWays")
WHEREAS, Mather LifeWays, owner of the properties
commonly known as 415 Davis Street and 1615 Hinman Avenue, and the
toGeorgian, an affiliate of Mather LifeWays through common control, owner
of 422 Davis Street (collectively, "the Applicant"), submitted an application
in case number ZPC 05-05-PD seeking approval for a special use for a
retirement community operated as a continuing care retirement community
and a proposed planned development (the "Planned Development")
pursuant to the provisions of Section 6-3-5 "Special Uses", Section 6-3-6
"Planned Developments", Section 6-8-1-10 "Planned Developments"
(Residential Districts) and Section 6-8-2-4, "Special Uses" (in an
R1 Single -Family Residential District), and Section 6-8-8-3, "Special Uses"
(in an R6 General Residential District) to permit construction in two (2)
phases and operation of a retirement community consisting of two
• hundred forty-five (245) independent living residences, twenty-four (24)
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assisted living residences, and forty (40) long-term care residences, with
underground parking for two hundred forty-nine (249) vehicles; and
WHEREAS, the property at 1615 Hinman Avenue
(hereinafter, the "Northwest Parcel") and the property at 415 Davis Street
(hereinafter, the "Northeast Parcel") are collectively referred to herein as
the "North Parcel", and are identified on the Site Plan attached hereto as
Exhibit A; and
WHEREAS, the property at 422 Davis Street (hereinafter,
the "Southwest Parcel") is identified on the Site Plan attached hereto as
Exhibit A ("Site Plan"); and
WHEREAS, the Southwest Parcel and the North Parcel are
collectively referred to herein as the "Subject Property", and are legally
described in Exhibit B attached hereto and made a part hereof; and
WHEREAS, the development plan as set forth in the
application provides .for: (i) a maximum of one hundred two (102)
independent living units and a maximum of fifty-six (56) underground
parking spaces on the Southwest Parcel (hereinafter, the "Southwest
Parcel Improvements"); (ii) a maximum of one hundred forty-three (143)
independent living units and a maximum of one hundred ninety-three
(193) underground parking spaces (hereinafter the "North Parcel
Improvements"); (iii) the construction and operation of a tunnel and
ancillary utility facilities below the Davis Street right-of-way which connects
the North Parcel Improvements and the Southwest Parcel Improvements
so
C.
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(the "Tunnel Improvements"); and (iv) such other improvements as are
•
identified on the development plans which are attached hereto and made
a part of this Ordinance as Exhibit C (collectively referred to herein as the
"Development Plan") (the North Parcel Improvements, the Southwest
Parcel improvements, the Tunnel improvements and said other
improvements are collectively referred to herein as the "Total Project
Improvements"); and
WHEREAS, the Applicant sought approval of certain site
development allowances and approvals to exceed certain site
development allowances for both the North Parcel and the Southwest
Parcel; and
• WHEREAS, for the North Parcel Improvements as shown in
the Development Plan, the Applicant sought approval pursuant to Section
r' 6-3-6-5 of the Zoning Ordinance of certain site development allowances
(i) to decrease the required front yard setback along Hinman Avenue;
(ii) to decrease the required rear yard setback and to eliminate the
required ten -foot (10') strip of transition landscaping; (iii) to provide
underground off-street parking below the surface of the Northeast Parcel;
(iv) to provide a porte-cochere which encroaches into the side yard
setback along Davis Street; and (v) for an increase in the maximum
permitted impervious surface ratio; and (vi) for an increase in the
maximum permitted number of dwelling units (collectively referred to
• herein as the "Base North Parcel Relief'); and
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WHEREAS,
the Applicant sought
approval
pursuant to
•
section 6-3-6-6 of the
Zoning Ordinance to
exceed
certain site
development allowances established for the R6 General Residential
District (i) to provide an increase in the maximum mean building height;
and (ii) to provide an increase in maximum lot coverage; (collectively
referred to herein as the "Additional North Parcel Relief'); and
WHEREAS, the Applicant modified its application at the Plan
Commission's December 7, 2005 meeting to locate the building on the
North Parcel five feet (5) closer to Davis Street than was shown on the
plans submitted with the application; and
WHEREAS, with respect to the North Parcel, the Applicant
last modified its application at the February 13, 2006 Planning and •
Development Committee meeting to provide for a reduction in the
maximum lot coverage of the building located on the North Parcel, a
twenty -foot (20') street side yard, a twenty -five-foot (26) interior side yard,
a partial 11th floor to contain a maximum of three (3) independent living
units, and an extension of the northeast wing five feet (6) to the east, all
as set forth in the Development Plan; and
WHEREAS, site development allowances are not required
for the twenty -foot (20') street side yard or the twenty -five-foot (25) interior
side yard by the R6 General Residential District regulations and the
Residential District planned development regulations; and
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• WHEREAS, for the Southwest Parcel Improvements as
shown on the Development Plan, the Applicant sought approval pursuant
to Section 6-3-6-5 of the Zoning Ordinance of certain site development
allowances (i) to decrease the required street side yard setback along
Davis Street; (ii) to decrease the required front yard setback along Hinman
Avenue; (iii) to decrease the required interior side yard setback; (iv) to
decrease the required rear yard setback and to eliminate the required ten -
foot (10') strip of transition landscaping; (v) for an increase in the
maximum permitted impervious surface ratio; and (vi) to provide a porte-
cochere which encroaches into the side yard setback along Davis Street
(collectively referred to herein as the "Base Southwest Parcel Relief'); and
• WHEREAS, for the Southwest Parcel Improvements as
shown on the Development Plan, the Applicant sought approval pursuant
i� to Section 6-3-6-6 of the Zoning Ordinance to exceed certain site
development allowances established in the R6 General Residential District
(i) to provide an increase in the maximum mean building height; (ii) to
provide an increase in maximum lot coverage; and (iii) to provide an
increase in the maximum permitted number of dwelling units; (collectively
referred to herein as the "Additional Southwest Parcel Relief"); and
WHEREAS, the Applicant modified its application at the Plan
Commission's December 7, 2005 meeting to locate the building on the
Southwest Parcel twelve feet (12') closer to Davis Street than was shown
• on the plans submitted with the application.
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WHEREAS, with respect to the Southwest Parcel, the •
Applicant last modified its application at the February 13, 2006 Planning
and Development Committee of the City Council to provide for a ten -foot
(10') street side yard and a ten -foot (10') interior side yard, all as set forth
in the Development Plan; and
WHEREAS, the City's Plan Commission conducted public
hearings pursuant to proper notice in case no. ZPC 05-05-PD on June 22,
2005, July 13, 2005, August 10, 2005, September 13, 2005, October 11,
2005, October 26, 2005, November 9, 2005 and December 7, 2005,
received testimony and other evidence, made a verbatim record thereof,
and made findings of fact pursuant to Section 6-3-5-10, Section 6-3-6, and
Section 6-8-1-10(A) of the Zoning Ordinance, and recommended that the •
City Council approve the Application as modified by the Applicant; and
. WHEREAS, the Planning and Development Committee of
the City Council, at its January 9, 2006, January 23, 2006, January 31,
2006 and February 13, 2006 meetings, (i) considered the record, findings,
and recommendations of the Plan Commission; (ii) held public hearings
with respect to new evidence presented at the Committee's meetings and
considered the evidence presented; and (iii) pursuant to Section 6-3-6-6,
made a written finding of fact that granting the Additional North Parcel
Relief and the Additional Southwest Parcel Relief is essential to achieve
one or more of the public benefits described in Section 6-3-6-3 of the
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Zoning Ordinance, and recommended City Council approval of the
•
Application with modifications; and
WHEREAS, the City Council considered the respective
records, findings and recommendations of the Plan Commission and the
Planning and Development Committee at its January 9, 2006, January 23,
2006, February 13, 2006, February 27, 2006, and March 13, 2006
meetings; and
WHEREAS, the City Council adopted, with modifications, the
respective records and recommendations of the Plan Commission and the
Planning and Development Committee at its January 9, 2006, January 23,
2006, February 13, 2006, February 27, 2006, and March 13, 2006
• meetings; and
WHEREAS, the City Council's adoption of the Plan
Commission's findings pursuant to the requirements of Section 6-3-6-6
and the findings set forth in Section 3 of this Ordinance constitutes its
written finding of fact that the site development allowances granted by this
Ordinance are essential to achieve one or more of the public benefits
described in Section 6-3-6-3; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the foregoing recitals are found as fact
and made a part hereof.
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SECTION 2: That the Application as modified by the •
Applicant at the February 13, 2006 Planning and Development Committee
meeting be and it is hereby approved for a special use for a retirement
community to be operated as a continuing care retirement community and
a planned development so as to permit the construction and operation on
the Subject Property, legally described in Exhibit B, of the Total Project
Improvements, all in substantial conformance with the Development Plan
and the terms of this Ordinance.
SECTION 3: That, pursuant to Section 6-3-6-6 of the Zoning
Ordinance and based upon the recommendation of the Plan Commission
and the testimony and evidence presented during the Plan Commission
and Planning and Development Committee public hearings and meetings, •
the City Council hereby finds that granting site development allowances in
excess of the requirements set forth in Section 6-8-8-4, Section 6-8-8-6,
Section 6-8-8-8, and Section 6-8-1-10(C) are essential to achieve one or
more of the public benefits described in Section 6-3-6-3 of the Zoning
Ordinance including, but not limited to, the preservation and enhancement
of desirable site characteristics and open space, the preservation and
enhancement of historic and natural resources that significantly contribute
to the character of the City, the use of design, landscape, or architectural
features to create a pleasing environment and other special development
features as shown on the development plan, providing a variety of housing
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• types in accordance with the City's housing goals, and enhancing the local
economy and strengthening the tax base.
SECTION 4: That, pursuant to Section 6-3-6-5 of the Zoning
Ordinance and in substantial conformance with the terms of this Ordinance
and the Development Plan, a site development allowance is hereby granted
from the requirements set forth in Section 6-8-8-4, Section 6-8-8-6, Section
6-8-8-7, and Section 6-8-8-9 of the Zoning Ordinance to permit:
(a) The North Parcel to contain a maximum of one hundred
forty-three (143) dwelling units instead of the maximum permitted by the
R6 General Residential District regulations of one hundred sixteen (116)
dwelling units.
(b) The North Parcel Improvements to have a zero -foot (0') rear
yard setback instead of the twenty-five foot (25') rear yard setback
required by the R6 General Residential District regulations and the fifteen -
foot (15) setback required by the Residential District planned
development regulations.
(c) The North Parcel Improvements to have a eighteen -foot (18')
front yard setback on Hinman Avenue instead of the twenty-three foot six-
inch (23'6") front yard setback required by the R6 General Residential
District regulations and the fifteen -foot (15) setback required by the
Residential District planned development regulations.
(d) The Northwest Parcel to contain a maximum permitted lot
coverage of approximately sixty-nine and nine -tenths (69.9%) percent
instead of the required fifty percent (50%) maximum permitted lot
coverage.
(e) The Southwest Parcel Improvements to have a ten -foot (10')
street -side yard setback on Davis Street (exclusive of bow windows
required to be constructed on the north facade which project three feet (3')
into the street side yard above the first story) instead of the fifteen -foot
(15') street side yard setback required by the R6 Residential District
regulations and the fifteen -foot (16) setback required by the Residential
District planned development regulations.
• (f) The Southwest Parcel Improvements to have a zero -foot (0')
rear yard setback instead of the twenty-five foot (25') rear yard setback
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required by the R6 General Residential District regulations and the fifteen- •
foot (15') setback required by the Residential District planned
development regulations.
(g) The Southwest Parcel Improvements to have a two -foot (2')
front yard setback on Hinman Avenue instead of the required four -foot ten -
inch (4'10") front yard setback required by the R6 General Residential
District regulations and the fifteen -foot (15') setback required by the
Residential District planned development regulations.
(h) The Southwest Parcel Improvements to have a ten -foot (10')
interior side yard setback instead of the fifteen -foot (15') interior side yard
setback required by the Residential District planned development
regulations.
(i) The Southwest Parcel and the Northwest Parcel to eliminate
the required ten -foot (10') strip of transition landscaping.
0) The Northwest Parcel to contain a maximum impervious
surface area of approximately seventy-three percent (73%).
(k) The Southwest Parcel to contain a maximum impervious
surface area of approximately eighty-five percent (85%).
•
SECTION 5: That, pursuant to Section 6-3-6-5 and Section
6-3-6-6 of the Zoning Ordinance and in substantial conformance with the
terms of this Ordinance and the Development Plan, a site development
allowance is hereby granted to exceed the requirements set forth in Section
6-8-8-4 and Section 6-8-1-10(C) of the Zoning Ordinance to permit:
(a) The Southwest Parcel to contain a maximum of one hundred
two (102) dwelling units instead of the required fifty-six (56) dwelling units.
SECTION 6: That pursuant to Section 6-3-6-5 and Section
6-3-6-6 of the Zoning Ordinance and in substantial conformance with the
terms of this Ordinance and the Development Plan, a site development
allowance is hereby granted to exceed the requirements set forth in Section
•
6-8-8-6 and Section 6-8-1-10(C) of the Zoning Ordinance to permit:
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• (a) the Southwest Parcel to contain a maximum permitted lot
coverage of approximately seventy-three percent (73%) instead of the
required fifty percent (50%) maximum permitted lot coverage.
SECTION 7: That, pursuant to Section 6-3-6-5 and Section
6-3-6-6 of the Zoning Ordinance and in substantial conformance with the
terms of this Ordinance and the Development Plan, a site development
allowance is hereby granted to exceed the requirements set forth in Section
6-8-8-8 and Section 6-8-1-10(C) of the Zoning Ordinance to permit:
(a) the North Parcel improvements to contain ten (10) stories
and a partial eleventh (11th) floor not to exceed a maximum height of
approximately one -hundred seventeen feet two inches (117'2"), with a
defined mean maximum building height of approximately one -hundred
twenty-four feet (124'), all in accordance with the elevations included as
part of the Development Plan instead of the mean maximum permitted
building height of eighty-five feet (85') or eight (8) stories; and
• (b) the Southwest Parcel Improvements to be ten (10) stories
tall and constructed to a maximum mean building height of approximately
one hundred seven feet (107') in accordance with the elevations included
as part of the Development Plan instead of the required maximum mean
- building height of eighty-five feet (85') or eight (8) stories.
SECTION 8: That, pursuant to Section 6-3-6-5 of the Zoning
Ordinance and in substantial conformance with the terms of this
Ordinance and the Development Plan, a site development allowance is
hereby granted to permit a maximum of one hundred twenty-one (121)
underground parking spaces to be located below the surface of the
Northeast Parcel. This site development allowance provides relief from
the requirements set forth in Section 6-16-2-1 of the Zoning Ordinance.
SECTION 9: That, pursuant to Section 6-3-6-5 of the Zoning
• Ordinance and in substantial conformance with the terms of this
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Ordinance and the Development Plan, a site development allowance is •
hereby granted to permit the porte-cochere to be constructed on the North
Parcel and the Southwest Parcel to project a maximum of thirty-five feet
(35), and twenty-five feet (25'), respectively, which is more than the ten
feet (10') from the south exterior wall of the North Parcel Improvements
and the north exterior wall of the Southwest Parcel Improvements,
respectively, otherwise allowed. This site development allowance
provides relief from the requirements set forth in Section 6-4-6-3 of the
Zoning Ordinance.
SECTION 10: That, pursuant to Section 6-3-5-12 of the
Zoning Ordinance which provides that the City Council may impose
conditions on the grant of a special use, the following conditions are •
hereby imposed:
(a) Construction of the Total Project Improvements shall be in
substantial compliance with the Development Plan, the conditions and
terms of this.Ordinance, all other applicable legislation, rules, regulations,
and requirements, the Site Plan and Appearance Review provisions of the
City Code, and in accordance with representations of the Applicant to the
Plan Commission, the Planning and Development Committee, and the
City Council. The exteriors of the Total Project Improvements approved
hereby shall substantially conform to the materials in color, dimensions,
and in all other respects to the representations of the Applicant to the Plan
Commission, the Planning and Development Committee, and the
City Council.
(b) From and after construction of the Total Project
Improvements, and continuing for so long as the Total Project
Improvements exist, the Northeast Parcel and the property located
immediately east of 422 Davis Street at 400 Davis Street (hereinafter, the
"Southeast Parcel" and identified on Exhibit A; the Northeast Parcel and
the Southeast Parcel are collectively referred to herein as the "Open •
Space Parcels"), shall be maintained and operated as open space in
substantial conformance with the Development Plan, and the Open Space
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• Parcels shall not contain any above -ground improvements. The foregoing
shall apply to the Southeast Parcel notwithstanding that it is not part of the
Subject Property or the Application. In connection with the foregoing, the
Applicant shall be permitted to: (i) maintain and operate underground
parking spaces beneath the surface of the Northeast Parcel; and
(ii) maintain and operate on the Open Space Parcels any and all fixtures
and furniture in connection with the use of such Open Space Parcels as a
landscaped garden, including but not limited to one or more, gazebos,
trellises, benches and chairs, statues, sculptures or other pieces of
artwork, planting beds, planters, fences, and fountains. Prior to the
issuance of a building permit for the North Parcel Improvements (i.e., the
first phase of construction), the Applicant shall record a covenant against
all of the Open Space Parcels, which covenant shall be in a form
acceptable to and enforceable by the City, reflecting the terms and
provisions of this Section 10(b). Said covenant shall provide that prior
written approval of two-thirds (2/3) of the Aldermen elected to the City
Council is required for release. of any and all provisions of this Section
10(b). No change in ownership or use of the Total Project Improvements
shall occur without the applicant first having met with City Officials to
inform them of the proposed changes.
(c) From and after construction of the Total Project
• Improvements, and continuing for so long as the Total Project
Improvements exist, the Applicant and any successors, owners, and
operators (collectively, "The Applicant") shall not file or cause to be filed,
any petition, complaint and/or application with Cook County or the State of
Illinois that would exempt any portion of the Subject Property from any
obligation in whole or in part, to pay real estate taxes. The Applicant has
an affirmative obligation to pay real estate taxes on the Southeast Parcel
and the Subject Property, as defined herein. The obligation to pay taxes
is based on the then -current assessment rate applicable to life care
facilities located in Cook County. In the event a change in current law has
the effect of exempting the Applicant from the payment of real estate taxes
on the basis of a not -for -profit or charitable life care facility status, the
Applicant shall make annual payments in lieu of real estate taxes only to
the City, School District 65, and Evanston Township High School District
202 in an amount equal to the real estate taxes that the Applicant would
pay only to such taxing districts if the Applicant were not then so treated
as an exempt not -for -profit or charitable life care facility. The Applicant's
obligation to pay real estate taxes on the North Parcel shall commence
upon completion of the North Parcel Improvements. The Applicant's
obligation to pay real estate taxes for the Southeast Parcel and the
Southwest Parcel shall commence upon completion of the Southwest
• Parcel Improvements. It is expressly acknowledged that nothing herein
shall be construed to preclude the Applicant and/or individuals residing on
the Subject Property, as applicable, from seeking and/or filing a value
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assessment complaint, or a senior citizen exemption, a homeowner's
exemption and/or any such other partial exemption that is available to •
individual unit occupants under the laws of Illinois. The Applicant shall
record a covenant against the Subject Property, which shall be in a form
acceptable to and enforceable by the City, reflecting the terms and
provisions of this Section 10(c). Said covenant shall provide that prior
written approval of two-thirds (2/3) of the Aldermen elected to the City
Council is required for release of any and all provisions thereof.
(d) In the event that the Applicant determines in its sole
discretion that it does not, from time to time, make use of all of the
underground parking spaces on the Subject Property, the Applicant shall
use reasonable efforts to lease or otherwise make available, on such
terms and conditions as the Applicant determines to be commercially
reasonable, such excess parking spaces to the residents of 1519 Hinman
Avenue and 1625 Hinman Avenue during the period that such spaces are
not made use of by the Applicant. Nothing contained in this Section 10 (d)
shall require the Applicant to incur any costs or expenses or to seek any
additional permits or approvals thereof. The Applicant shall not "lease or
otherwise make available" any parking spaces otherwise required in order
for the Total Project Improvements to be in compliance with the zoning
requirements for off-street parking.
(e) In connection with the Applicant's implementation of the •
private financial assistance program it currently provides to residents, and
that it will provide to eligible persons residing on the Subject Property (the
"Financial Assistance Program"), the Applicant shall give priority at move -
in to current Evanston residents, former Evanston residents, and/or
persons who do not reside in Evanston but whose children are current
Evanston residents:
(i) who desire to move into the North Parcel
Improvements or the Southwest Parcel Improvements; and
(ii) who are otherwise eligible for the Financial
Assistance Program as determined by the Applicant in its sole discretion.
The Applicant shall provide financial assistance pursuant to this program
in the amount of not less than thirty million dollars ($30,000,000.00) over
ten (10) years beginning in the first year of occupancy of the North Parcel
Improvements, as follows:
(i) not less than fifteen million dollars ($15,000,000.00)
of said amount shall be provided over the first five (5) years of said ten •
(10) -year period; and
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(ii) the balance of said amount shall be provided over the
• last five (5) years of said ten (10) -year period; provided, however, that the
obligation to provide such assistance over the last five (5) years of said
ten (10) -year period shall be subject to no material adverse changes in
the Applicant's financial condition or the financial condition of the project
and/or acts of God or other catastrophic events as determined by the
Applicant in the exercise of its reasonable judgment. In the event of any
such determination, prior to taking any action to change or modify said
obligation, the Applicant shall notify the City, and shall provide reasonable
explanatory information regarding any such determination. The Applicant
shall meet with the City Council or its designated representatives
regarding such determination and propose options to attempt to establish
alternative financial assistance structures in connection with the foregoing.
Every.effort shall be made to notify and meet with the City Council at least
ninety (90) days prior to making any changes in the Financial Assistance
Program. Within one hundred eighty (180) days of the end of each
calendar year during such ten (10) -year period, the Applicant shall
provide to the City a schedule showing the total expenditures under the
Financial Assistance Program for the previous calendar year. The
schedule shall be accompanied by a report from an independent certified
public accountant, confirming the expenditures per the terms of this
Ordinance. It is acknowledged that, notwithstanding the foregoing, it is the
• Applicant's intent to continue the Financial Assistance Program for the
foreseeable future beyond said ten (10) -year period.
y , (iii) The Financial Assistance Program shall include
financial subsidies to current Evanston residents, former Evanston
residents, and/or persons who do not reside in Evanston but whose
children are current Evanston residents; and shall include, among
other things:
(1) discounts from published entrance fees; and/or
(2) discounts from published monthly fees; and/or
(3) discounts from published ancillary fees; and/or
(4) monthly spending allowances provided to
current residents under the Applicant's existing Financial Assistance
Program; and/or
(5) payments to other providers for medical,
dental, and other necessary/additional services.
• (f) In connection with the Applicant's improvement of the
Southeast Parcel in accordance with the Development Plan, the Applicant
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shall permit passive use of the Southeast Parcel by the general public. •
Use of the Southeast Parcel by the general public during regular and
routine day -time periods, including weekends, shall be subject to time and
use restrictions as determined by the Applicant in its sole discretion and
shall not interfere with the quiet enjoyment and use of the Southeast
Parcel by residents of the Subject Property. The hours the general public
may use the Southeast Parcel shall be posted on the parcel.
(g) The partial eleventh (11th) floor allowed by Section 7(a) of
this Ordinance 5-0-06 for the North Parcel shall contain no more than
three (3) independent living units collectively containing no more than
approximately fifty-two hundred (5,200) square feet (exclusive of
accessory circulation space), and shall be set back from each fagade of
the North Parcel Improvements all in accordance with the Development
Plan. No mechanical penthouse shall be located on the roof of the partial
eleventh (11th) floor. Any such unit(s) on the partial eleventh (11th) floor
shall be included within the two hundred forty-five (245) maximum number
of units for the planned development approved by this Ordinance 5-0-06.
Each eleventh (11th) floor unit shall contain no more square footage than
the largest independent living unit on any lower floors of the North Parcel.
(h) Prior to issuance of a building permit for the North Parcel
Improvements and the Southwest Parcel Improvements, the Applicant •
shall conduct a pre -construction site survey of all properties that abut or
are adjacent to the Subject Property, as well as other properties identified
by the Applicant in consultation with the Community Development
Department within two hundred fifty feet (250') of the Subject Property,
and shall implement a construction and demolition management plan for
the Subject Property which shall be on file with the Building Division of the
Community Development Department, and which shall address
demolition, construction staging, hours of construction, and contractor
parking. The construction demolition management plan shall require that
all construction personnel who drive to the construction site, park their
vehicles off-street in a lawful location. The Director of Community
Development shall be involved in the design of the plan. The Applicant
shall seek input from and share information with City Staff, the tenants,
and owners of properties within two hundred fifty feet (250') of the Subject
Parcel in development of the Plan. The construction management plan
shall require the Applicant to send a newsletter to residents within one
thousand feet (1,000') each month beginning no later than one (1) month
prior to issuance of a demolition permit and continuing through issuance of
a Final Certificate of Occupancy. The Applicant may elect to provide
monthly updates by its website if it includes a statement to that effect in
the first newsletter, provides the website address, and updates the •
website no less often than once a month. For purposes of this Section
10(h), "affected neighbors" shall mean owners or tenants of property
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• located within two hundred fifty feet (250') of the Subject Properly. The
City shall use reasonable efforts to provide the Applicant with the names
of such persons. The Applicant shall mail quarterly newsletters to all
persons within one -thousand feet (1000) of the Subject Property.
(i) Any on -street parking located on Davis Street between
Judson Avenue and Hinman Avenue that is specifically designated for the
Applicant's sole use and enjoyment as of the date of this Ordinance shall
no longer be used by Applicant and shall be available to the general public
upon completion of the North Parcel Improvements.
0) Subject to force majeure, construction of each building shall
commence within one hundred twenty (120) days after the completion of
demolition of each respective existing building. Demolition and
construction shall proceed diligently to completion. The site shall be
graded no later than on the one hundred twentieth (120th) day after
completion of demolition if construction will not commence on the one
hundred twenty-first (121 st) day.
(k) The Applicant shall promptly implement a determination by
the City's Director of Public Works that ingress and egress to the
underground parking garage located on the North Parcel shall be limited
• to "right turn in" and/or "right turn out" only or such other determinations as
to ingress and egress made by the Director of Public Works.
(1) The North Parcel shall have a twenty -foot (20') street -side
yard and a twenty -five-foot (25) interior side yard.
SECTION 11: The Applicant and the City shall cooperate to
finalize detailed construction plans for the Tunnel Improvements and all
other improvements that are part of the Development Plan and which will
be located on, over, above, or under any City right-of-way (collectively
referred to herein as "Right -of -Way Improvements. The City and the
Applicant shall enter into one or more easements governing the
Applicant's use and operation of the Right -of -Way Improvements located
• under City -owned property. The Applicant shall pay a one hundred
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twenty-five thousand dollar ($125,000.00) annual easement fee that will •
go into the Mayor's Special Housing Fund.
SECTION 12: Pursuant to Section 6-3-5-15(A), the one (1)
-year period in which to receive a building permit (as provided for in
Sections 6-3-5-15(A) and 6-8-1-10(A)4) is hereby extended as detailed
herein to allow for the staged development of construction of the Total
Project Improvements and the issuance of multiple building permits. If a
completed application for a building permit is not filed with the City within:
(a) two (2) years following adoption of this Ordinance (rather than one (1)
year), with respect to the North Parcel Improvements, and (b) five (5) years
following adoption of this Ordinance (rather than one (1) year), with respect
to the Southwest Parcel Improvements, then this Ordinance shall expire. •
SECTION 13: Pursuant to 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 to eight (8) years to allow for staged development of the Total
Project Improvements. Said eight (8) -year period may be extended by
and if, within that period, upon written request from the Applicant, the City
Council determines that good cause for such extension is shown. The
Applicant shall have thirty (30) months from the date a building permit is
issued by the City for North Parcel Improvements or the Southwest Parcel
Improvements, as the case may be, to complete the construction of the
work authorized by said permit, all subject to force majeure.
Notwithstanding anything to the contrary contained herein, if construction •
I";
5-0-06
of either the North Parcel Improvements or the Southwest Parcel
Improvements, as the case may be, described in such building permit is
begun and is being diligently pursued within such thirty (30) -month period,
but is not completed, that such thirty (30) -month time period may be
extended for an additional six (6) months to permit the completion of said
construction.
SECTION 14: Except as otherwise provided for in this
Ordinance, all regulations applicable in the R6 General Residential District
and the R1 Single -Family Residential District shall govern and remain in
full force and effect with respect to the use and development of the
Subject Property.
0 SECTION 15: References herein to the "Applicant" shall in
all cases mean Mather LifeWays and any and all successors, owners, and
operators of the Subject Property, as applicable.
SECTION 16: Applicant is required to record, at its cost,
and provide the City with a certified copy of this Ordinance, the
Development Plan, and the covenant required by Section 10(b) and 10(c)
of this Ordinance in the Cook County Recorder's Office prior to obtaining
any City permits.
SECTION 17: To the extent of any conflict between the
terms of this Ordinance and the Development Plan, the terms of this
• Ordinance shall govern and control. Any capitalized term not defined
_19-
herein shall have the same meaning as used and defined in the Zoning •
Ordinance.
SECTION 18:. That all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 19: That this Ordinance shall be in full force and
effect from and after its passage, approval, and publication in the manner
provided by law.
Ayes:
q
Nays:
0
Introduced:
3 , 2006
Adopted:
3 , 2006
Attest:
Mary o ris, City Clerk
Appr® ed a to orm `
Corpb�'ation Counsel
Approved:
� 6 , 2006
H. Morton, Mayor
•
•
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0
1:
•
EXHIBIT A
SITE PLAN
The Homestead
Residence
Residence
20! Alley
N R1'HEAST
7 PAPCEL
i
Davis Street
-----
----------- - - ----------- .-J L--\
f I
SOUTHEAST
Residence
The Waterford
5-0-06
EXHIBIT B •
LEGAL DESCRIPTION
PARCEL 1:
LOTS 1, 2 AND 3 IN HARVEY T. WEEKS RESUBDIVISION OF LOTS 10, 11
AND THE SOUTH 43 FEET OF LOT 12 OF BLOCK 21 IN THE VILLAGE OF
EVANSTON IN SECTIONS 13, TOWNSHIP 41 NORTH, RANGE 13 AND 7,18
AND 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE. THIRD
PRINCIPLE MERIDIAN, IN COOK COUNTY, ILLINOIS
PARCEL 2:
LOTS 6, 7, 8 AND 9 IN BLOCK 21 IN THE VILLAGE OF EVANSTON IN
SECTIONS 13, TOWNSHIP 41 NORTH, RANGE 13 AND 7, 18 AND 19,
TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPLE
MERIDIAN, IN COOK COUNTY, ILLINOIS
PARCEL 3:
THE 5 FOOT NORTHEASTERLY VACATED ALLEY ADJOINING THE EAST
LINE (EXCEPT THE NORTH 20 FEET THEREOF) OF LOT 6 IN THE VILLAGE
OF EVANSTON IN SECTIONS 13, TOWNSHIP 41 NORTH, RANGE 13 AND 7,
18 AND 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD
PRINCIPLE MERIDIAN, IN COOK COUNTY, ILLINOIS
PARCEL 4: •
THE 5 FOOT NORTHEASTERLY VACATED ALLEY ADJOINING LOTS 7, 8
AND 9 IN THE VILLAGE OF EVANSTON IN SECTION 13, TOWNSHIP 41
NORTH, RANGE 13 AND 7, 18 AND 19, TOWNSHIP 41 NORTH, RANGE 14,
EAST OF THE THIRD PRINCIPLE MERIDIAN, IN COOK COUNTY, ILLINOIS
PARCEL 5:
THE NORTH 17 FEET OF LOT 10 AND ALL OF LOTS .11 AND 12 IN BLOCK 25
IN THE ORIGINAL VILLAGE OF EVANSTON, A SUBDIVISION OF PARTS OF
SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD
PRINCIPLE MERIDIAN AND OF SECTIONS 7, 18 AND SECTION 19,
TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPLE
MERIDIAN, IN COOK COUNTY, ILLINOIS
PARCEL 6:
LOTS 1, 2 AND 3 IN BLOCK 25 IN EVANSTON IN THE SOUTHEASTERLY
FRACTIONAL QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14
EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPTING THE SOUTHERLY
60 FEET OF THE EASTERLY 103 FEET OF LOT 3 AND EXCEPTING THAT
PART FALLING WITHIN THE SOUTHERLY 42 FEET OF THE WESTERLY 46
FEET OF THE EASTERLY 149 FEET OF LOT 3) IN COOK COUNTY, ILLINOIS
•
-22-
5-0-06
• EXHIBIT C
DEVELOPMENT PLAN
INDEX OF DRAWINGS - Dated 2/17/2006
Page 1
Site Plan
Page 2
Key Plan
Page 3
Landscape Plan - North
Page 4
Landscape Plan - South
Page 5
Plant List and Fence Details
Page 6
Sub -Basement Floor Plan
Page 7
Parcel Plan
Page 8
Site Plan
Page 9
Phase 1 (1615 Hinman Avenue) -West Elevation
Page 10
Phase 1 (1615 Hinman Avenue) - South Elevation
Page 11
Phase 1 (1615 Hinman Avenue) - East Elevation
Page 12
Phase 1 (1615 Hinman Avenue) - North Elevation
Page 13
Phase 2 (422 Davis Street) - West Elevation
• Page 14
Phase 2 (422 Davis Street) - South Elevation
Page 15
Phase 2 (422 Davis Street) - East Elevation
Page 16
Phase 2 (422 Davis Street) - North Elevation
•
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EXHOBIT C - PAGE 2
Key Plan
Planned Development
Malber LiJeways Hinman -Davis - Evanston. Illinois
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Planned Development
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The Homestead
Davis Street
The Waterford
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EXH14f C — PAGE 7
C-1
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i I Residence
Residence
Li
20'Alley
NORTHEAST is
'--'PARCEL
. . . ...... .
S"TH AST
ACE
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PARCEL PLAN
Planned Development
Hinman Davis - Evanslon- Illinois
E
is
The Homestead
113.txc V
Residence
20'Alley
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SCB SITE PUN
Planned Development
Hinman Davis - Evanston, Illinois
EXHIBIT C - PAGE 8
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PHASE 1 (1615 Hinman)- EAST ELEVATION
BUILDING ELEVATIONS
HINMAN-DAVIS PROJECT
Evanston, Ithnois
EXFij*T C -PAGE 11 0
0
PHASE 1 (1615 Hinman)- NORTH ELEVATION
---------- -_
BUILDING ELEVATIONS
ScB HINMAN-DAVIS PROJECT
Evanston. Illinois
F M NIE'At
EXHIBIT C - PAGE 12
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u pry s +��t4 YaYda M, kx°° �Ay",� im. J� �sp� nixsb�.,H ii..
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EXHIBIT C PAGE 14
PHASE 2 (422 Davis) - SOUTH ELEVATION
BUILDING ELEVATIONS
HINMAN-DAVIS PROJECT
Evanston, It(4nois
SCEs
PHASE 2 (422 Davis)- EAST ELEVATION
BUILDING ELEVATIONS
HINMAN-DAVIS PROJECT
Evanston. Illino(s
EXHIBIT 4 PAGE 15 0 0
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