HomeMy WebLinkAboutORDINANCES-2005-057-O-056/16/2005
• 6/6/2005
57-0-05
AN ORDINANCE
Granting an Amendment to the Existing Planned Development at
1603 Orrington Avenue and 1629 Orrington Avenue
in the D3 Downtown Core Development District
WHEREAS, CFRI /Golub Evanston, L.L.C., (hereinafter, "the Applicant'), is
the owner of the property at 1603-1629 Orrington Avenue which is improved with a
twenty-one- (21-) story building at 1603 Orrington Avenue (the "1603 Building"), a two-
(2-) story building at 1629 Orrington Avenue (the "1629 Building"), and an underground
parking garage which serves the Subject Property (the 1603 Building and the
• 1629 Building are collectively referred to herein as the "Subject Property", and more
particularly described in Exhibit A attached hereto and made a part hereof), pursuant to
the special use permit for planned development approved by the City Council in
Ordinance 50-0-67, enacted on May 3, 1967 ("Ordinance 50-0-67"); and
WHEREAS, the Applicant has submitted an application in case
no. ZPC 05-04-PD (the "Application") for approval of an amendment to Ordinance
50-0-67 to permit: (i) the construction of a maximum of approximately thirteen thousand
six hundred (13,600) square feet of new retail space on the Subject Property; (ii) the
construction of an at -grade link connecting the 1603 Building and the 1629 Building;
(iii) the construction of a surface parking lot containing no less than twenty (20) parking
spaces and located between the 1603 Building and the 1629 Building; (iv) relocation to
40 the 1629 Building of the access ramp for the underground parking garage which currently
57-0-05
serves the Subject Property; and (v) the construction of approximately twelve (12)
on -street parking spaces and a new pedestrian drop-off/pick-up area within the Orrington •
Avenue right-of-way, and other improvements all in general conformance with the
development plans submitted with the Application (the "Development Plan"); and
WHEREAS, Ordinance 50-0-67 was granted subject to the condition in its
Section 1, paragraph 8, that the grantee, State National Bank of Evanston ("State Bank"),
Applicant's predecessor in interest, "shall enter into a covenant running with the land, or
other suitable restrictions, assuring that the open space shown on the plan shall never be
used for any commercial purposes except as authorized by the City Council"; and
WHEREAS, State Bank recorded such covenant providing that "the open
space shown on the Plan by the City Council shall never be used for any commercial
purpose except as authorized by the City Council", as document no. 20 456 406 with the
Office of the Cook County Recorder; and •
WHEREAS, to effect development of the Subject Property as set forth in
the Application and in substantial accordance with the Development Plan, the Applicant
seeks release from the aforedescribed condition number 8 set forth in Section 1 of
Ordinance 50-0-67 and other modifications to Ordinance 50-0-67; and
WHEREAS, the Applicant, to facilitate the construction of the improvements
as shown on the Development Plan, further seeks certain site development allowances
from the Zoning Ordinance, pursuant to Section 6-3-6-5 of the Zoning Ordinance, for a
ziggurat setback for the building street fronts along Davis Street and Orrington Avenue,
for a reduction in the off-street parking requirements from three hundred nineteen (319)
spaces to a minimum of three hundred five (305) spaces, and for approval to provide •
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three (3) loading spaces with dimensions of seventeen feet wide by twenty-seven feet
is long (17' wide x 27' long); and
WHEREAS, the City's Plan Commission conducted public hearings on
May 4, 2005, pursuant to proper notice in said case no. ZPC 05-04-PD, received
testimony and other evidence, made a verbatim record thereof and findings of fact
pursuant to Section 6-3-5-10, Section 6-3-6, Section 6-11-1-10(A), Section 6-11-1-10(B),
and Section 6-11-1-10(C), of the Zoning Ordinance, recommending City Council approval
of the Application; and
WHEREAS, the Planning and Development Committee of the City Council
considered and adopted the record, findings, and recommendations of the Plan
Commission with modifications at its June 13, 2005 and June 27, 2005 meetings, and
recommended City Council approval of the Application; and
• WHEREAS, the City Council considered and adopted the respective
records and recommendations of the Plan Commission and the Planning and
Development Committee at its June 13, 2005 and June 27, 2005 meetings,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
part hereof.
SECTION 1: That the foregoing recitals are found as fact and made a
SECTION 2: That the City Council hereby releases in its entirety the
aforedescribed condition 8 set forth in Section 1 in Ordinance 50-0-67 and hereby
amends Ordinance 50-0-67 to permit the construction of the improvement in accordance
• with the terms and conditions of this Ordinance. Except as specifically amended hereby,
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57-0-05
Ordinance 50-0-67 continues in full force and effect; provided however, to the extent that
Ordinance 50-0-67 conflicts with this Ordinance 57-0-05, the terms and provisions of this •
Ordinance 57-0-05 shall govern and control.
SECTION 3: That the Application, be and it is hereby approved to permit:
(a) the construction and operation on the Subject Property, as legally described
in Exhibit A, of a maximum of approximately thirteen thousand six hundred (13,600)
square feet of additional retail space; provided however, the Applicant may construct less
than thirteen thousand six hundred (13,600) square feet of additional retail space;
(b) the construction and operation on the Subject Property of a minimum of a
one-story at -grade link connecting the 1603 Building and the 1629 Building;
(c) the construction and operation on the Subject Property of a surface parking
lot containing no less than twenty- (20-) spaces;
(d) the relocation of the existing underground parking garage ramp access
which serves the Subject Property from its current location within the Orrington Avenue
right-of-way to the 1629 Building;
(e) the construction of approximately twelve (12) on -street parking spaces and •
a new pedestrian drop-off/pick-up area within the Orrington Avenue right-of-way; and
(f) such other improvements as shown on the Development Plan, attached
hereto as Exhibit B and made a part hereof, all in substantial conformance with the
D3 District regulations and the terms of this Ordinance.
SECTION 4: That pursuant to Section 6-3-6-5 of the Zoning Ordinance, a
development allowance relative to the regulations of Section 6-11-1-4 of the Zoning
Ordinance is hereby granted to the requirement set forth in Section 6-11-1-4 of the Zoning
Ordinance to permit:
(a) the construction of structures located to the south of the 1603 Building and
along Orrington Avenue and Davis Street as part of the Planned Development which shall
be less than twenty-four (24) feet in height and have a zero (0) foot ziggurat setback,
instead of the required forty (40) foot ziggurat setback;
(b) the construction of structures along Orrington Avenue as part of the •
Planned Development to not be built to the lot line;
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(c) the construction of a portion of the Link as part of the Planned Development
which shall be less than twenty-four (24) feet in height and have a zero (0) foot ziggurat
setback, instead of the required forty (40) foot ziggurat setback; and
(d) the construction of structures located to the north of the 1603 Building
(excluding a portion of the Link) and along Orrington Avenue as part of the Planned
Development which shall have a zero (0) foot ziggurat setback, instead of the required
forty (40) foot ziggurat setback,
all in substantial conformance with the terms of this Ordinance.
SECTION 5: That pursuant to Section 6-3-6-5 of the Zoning Ordinance, a
development allowance relative to the regulations of Section 6-16-3-4 of the Zoning
Ordinance is hereby granted to waive the requirement set forth in Section 6-16-3-4 of the
Zoning Ordinance to permit the Subject Property, upon completion of the improvements
in general conformance with the Development Plan, to provide a minimum of three
hundred and five (305) off-street parking spaces instead of three hundred nineteen (319)
0 off-street parking spaces.
SECTION 6: That pursuant to Section 6-3-6-5 of the Zoning Ordinance,
a development allowance relative to the regulations of Table E of Section 6-16-5 of
the Zoning Ordinance is hereby granted to the requirement set forth in Table E of
Section 6-16-5 of the Zoning Ordinance to permit the Subject Property, upon
completion of the improvements in general conformance with the Development Plan,
to provide three (3) seventeen foot by twenty-seven foot (17' x 27') loading spaces
instead of the required two (2) ten by thirty-five foot (10' x 35') and two (2) ten by fifty
foot (10' x 50') spaces.
SECTION 7: That pursuant to Section 6-3-5-12 of the Zoning Ordinance,
is
which provides that the City Council may impose conditions on the grant of a special
use, these conditions are hereby imposed:
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57-0-05
(a) Construction of the Planned Development as set forth in the Development
Plan and this Ordinance shall be subject to the Site Plan and Appearance Review
provisions of the City Code, the Applicant's compliance with all conditions set forth in 40
this Ordinance, and in accordance with representations of the Applicant to the Plan
Commission, the Planning and Development Committee, and the City Council.
(b) The total area of the building fapades fronting on Davis Street and Orrington
Avenue and facing pedestrian ways, excluding alleys, shall not be more than twenty-five
percent (25%) opaque or visually screened with no more than three (3) contiguous
glazing modules being opaque or visually screened.
(c) The relocated garage access ramp shall be equipped with:
(i) audio and visual signals (e.g., a flashing audible beacon) to provide
a warning to on -coming pedestrians along Orrington Avenue that a vehicle is exiting the
garage; and
(ii) a mirror to permit the drivers of vehicles exiting the garage to see on-
coming pedestrians along Orrington Avenue.
(d) Rooftop mechanical equipment shall be substantially screened from view
from a pedestrian level and to the maximum degree possible, without interfering with the
maintenance and operation of the rooftop mechanical equipment, from the immediately
adjacent existing buildings along Davis Street and along Orrington Avenue.
SECTION 8: The two- (2-) year completion date provided for in
Section 6-3-5-15(a) and Section 6-11-1-10(A)(4) of the Zoning Ordinance, is hereby
extended two (2) years and six (6) months. If a perfected application for a building
permit for the improvements described in the Development Plan is not filed with the City
within one (1) year and six (6) months following adoption of this Ordinance (rather than
twelve months), then the Planned Development shall expire. Said one (1) year and six
(6) month period may be extended by and if, within that period, upon written request
from Owner, the City Council determines that good cause for such extension is shown.
Any extension granted may be subject to conditions, as provided for in Section
6-11-1-10(A)(4) of the Zoning Ordinance. The City Council is under no obligation to •
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57-0-05
grant an extension. The Planned Development will be constructed in phases and
• multiple building permits may be sought in connection with the construction of •
improvements in accordance with the Development Plan. Owner shall have one (1)
year from the date a building permit for improvements described in the Development
Plans is issued by the City to complete the construction of the work authorized by said
permit. If construction of the improvements described in the Development Plan is begun
and is being diligently pursued within such one (1) year period, but is not completed,
then such one (1) year time period for required completion of the Planned Development
as set forth in this Ordinance may, upon prior approval by the City Council, be extended
to permit the completion of said construction.
SECTION 9: All regulations applicable in the D3 Downtown Core
18 Development District as provided in the Zoning Ordinance shall govern and remain in full •
force and effect with respect to the use and development of the Subject Property, except
as and to the extent said regulations have been modified by this Ordinance, and the
Subject Property may be developed in any manner that conforms to said regulations as
modified hereby.
SECTION 10: References herein to the "Applicant" shall in all cases mean
CFRI Golub Evanston, L.L.C., and any and all successors, owners, and operators of the
Subject Property, as applicable.
SECTION 11: Applicant is required to record at its cost a certified copy of
this Ordinance along with the Development Plan in the Cook County Recorder's Office.
SECTION 12: That all ordinances or parts of ordinances in conflict herewith
• are hereby repealed. •
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57-0-05
SECTION 13: That this Ordinance shall be in full force and effect from and
after its passage, approval, and publication in the manner provided by law.
SECTION 14: 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.
Ayes:
Nays: Z-
Introduced: `:�►`� 1
Adopted: 4 1 AAQ_ � .7
E
Attest:
Mary ",CityClerk
4
Approved as to fo
ration Counsel
40
, 2005
, 2005
Approved: j
2005
4Lorre H. Morton, i�ayor
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Exhibit A to Ordinance 67-0-05
IMGA:j 132SCRIPTIONt
• PASCM 3 t
LOTS 6 AND 7 IN BLOCK 19 Ml $VA' MON • IN SECTIQii 18, TOE 41 NORTH, RAM 14
EA8'r air T338 THIRD vRIIQCIPAL Ml;RIDIu 3N COOK COMM, ILLIM0I98. AND LOT 1 IN TRS
9UaDM520N OF LOTS 8 AND 9..If MCK.29 IN EVANSTOV IN SECT CX 28, 41
'SORT1. RANDS14, EAST OF THM TMRD PRIBCIPAL'MBRIDIAN. 331 COQY COMM ILLINOI9,
TOGM-cm WITH ALL OF TSB 16• FOOT VACATED ALLEY L'L'mm Nom3mY OF Am ADJOINING
sm
PARCM 2 a
LOTS 2, 3, 4 AND 5 IN MM SUBDI4ISM OF LOTS -8 AND 9.IN 19 IN 8RANSTW,
TOQZ i3U;SR 1BA'N AM OF THE 16 FOOT VACATED ALM LYING 1+wa&n& wY OF A130 ADJOUT110 .
SAID LOTS 2. 2, 4 AND 5, IN SECTION 18, 41' NORTH, .'&ANDS 14, EAST OF TES
==3 PRINCIPALWMMIAN IN COOK COU]=. ILWVQZS.
Am LWOI
LOT L AND LOT 5 IN BLOCS 19 IN MUSTOM IN SECTION 18, TD1'ADi88IP 41 3"T8,
14 BUT OF TEE THIRD PRINCIPAL MEB;AIAIi IN COOK COUNTY. ILLMMIS. E3CCEPT I=
PART OF SAID LOTS 4 AND 5 XX BLOCK 19 INCLMZD IV THE FOLLOWING VARCELT THAT' PART
Of L=2 4 AND 5 TAi¢iit AS A SING= TRACT; ;M. BLOCK 29. TN BPANST016. IN SsCrzw. 16,
TO91A73RIP 41 i1C&TH, RANGE is 8A.9T OF TEE THIRD PRIMIPAL iM1BR=uz nT COOK coumv,
TTT.Ty01S, DMSCAIRED AS FOLLOM, CQ§Q:WCING AT MM NOBITWFST CdWU OF BALD LOT 4;
Tvm= HOOT$ ON TIDE WEST Lmm OF SATs TRACT. 100.36 FEET TO TEE NORTH• FXM JdID
ITS •67C1wwUw OF A BRICK UU; TSRI= EAST ALONG THS NORTH 7= AND ITS MMWSIQV
13F SAID BRICK WALL, 210.44 ISET TO THE FART LINT' OF BALD LOT4 4 AND St IEM=
NORTH 'ON THE EAST LnM OF Slim TRACT, 200.10 FIE? TO MM lamman Comm OF LOT
. &M4T TBENCE WFST ON THS.tTOBTB LINK OF SAM LOT 4, 210.42 7= TO T� PLACE OF
ETQX3, SAID TRACT' TO BAVR. A LOOTER LIMIT OF 3.9.66 FBST, CITY OF E'VANS=
DATU34, • WHICH LIES WIMJIN JU UNDISTURIM SLAB, USED AS A FLOM FOR SAID
TRACT AND USBD M A.CSILnM FOR. IN MMERGROMM PARKING GARAGE.
URCEL 3 r
•.21PZ PART -OF LOTS 4 AND 5, TAKEN AS A SINGLT TRACT, IN BLOCK• 19, 33 SVANSTON, 2V
BFtCZIOSI 1S; TOUNSHIP.41 NORTH, RANGE .14 BUT OF THE THIRD PRINCIPAL MERIDIAN IN
COOK COUNTY, ILLINOIS, LIBSC828ED AS POLLOWSt CMOMMMM AT TIM NORTE== CORNER
QF mm LOr 4; THIMC3 SOUTH ON TEM WEST iW'bY 9M .66 WT,. TO TEE'
NOV8 P6CS, MM ITB IMMU8ION. OF A MUCK WART Tit cz. FAST AIONG TEE NORTH FACE
AND ITS EKTSNSION, OF SAID BRICK: WALL, '210.44 FEBT,70 THE EAST LniB OF SAID• LOTS
4 AID 5: T=ft *OATH ON TES EAST 2=Z Or SAID TRACT, 10 0.10 FEET TO THE
NORMMAST CORNER OF LOT 41 TiMCE WEST ON THE NORTH W3 M OF SAID LOT 4, ; a10.42
sms L To Tim PLACE OP• BSGINN e, BALD TRACT TO )SAVE A LOWER LIMIT OF 19. 66 FEEL,
CIT i OF EVANSTON ==. WHICH LIES WrMIN AN UNDISYUREM Lw4- ►i s&& SEAS; OSi`D AS,
A F:AOR FOR BALD numi AND ussD AS A CEILING FOR AN UNDERmmm PAR== wma.
PAR=M 4 t
}l wo-EXCLUSIVE PSRPSTUAL EASEMENT APPURTENANT TO AND FOR THE BMMFIT GF PARCEIS
1, 2 AND 3 FOR INGRESS AOID EGRESS :FOR- DNDERG ROUND PARKING I AND USE OP LOADING
'DOCKS AND PARKING FACILITY A9 GRANTED•YN INSTRUM1T8 DATED DULY 20. 2561 AND
. ZMCIRDBD JAa1QARY 8, 1968 AS DOCUEMNT 20373494. FOR LAMMUMOUMD BARKI7IN13, AS
AMADED BY COMPRM=SIVL' MtXMMBNT TO'PJMMENTS AFFECTING BARK PLAZA PROJECT
REC32DBD MAX 14, 1970•19 DOCUMENT NUMBER. 211628521 AND USE- OF LOADING DOCM AND
PARKING FA�?? TTY AS 3STMI13HED BY 3:FFM'UNEBT DATED HARCE 29, IA66 AND RECORD®
JUU 8, 1968 AS DOCUMEn NUM8ER 20543899 AND AMMED BY DECLAil MOM 07
EAS ND'..t�ITS, COVEtTA1<iTS AIM RESTRICTIONS' DATZD SEPTOMIR 21, 1995 AND"RECOMED
SEPTEMM 25, 2995 AS- DOCtiiM Ii DMER 956459.19 AND AS FVBTAER MiNDW 8Y FIRST
W:TD[ WT TO DECLARATION OF FASEM=S, COVENANTS AND RESTRICTIONS DATED JUKE 26,
1991 AND 4ECORDED JMY 6, 1996 AS DOCUMENT NUMBER 96517562. .
Exhibit B to Ordinance 57-0-05
Page 1 of 11
Index
Sheet
View Northeast from Davis + Orrington Intersection (birds' eye)
View Northeast from Davis + Orrington Intersection (pedestrians' eye)
Site Plan
Retail Scheme Upper Floor Plan
South Ground Level Plan
Orrington Avenue Elevation Davis Street Elevation
Conceptual Landscape Plan L1
Conceptual Landscape Plan L2
Conceptual Landscape Plan L3
Y:\Zoning\Z P C\ZPC MOrrington1603\Exhibit2toFofF(table).doc
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