HomeMy WebLinkAboutORDINANCES-2005-083-O-057/20/2005
6/22/2005
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AN ORDINANCE
Granting a Special Use to Clearwater, LLC, for a
Planned Development in the
MU Transitional Manufacturing Zoning District at
645 Custer Avenue
WHEREAS, Clearwater, LLC, as owner ("Owner") of 645 Custer
Avenue, Evanston, Cook County, Illinois (the "subject property") submitted an
application to the City of Evanston (the "City") seeking approval of a special use
for a planned development (the "Planned Development") including approval of
development allowances related to parking and building height and exceptions to
development allowances for lot size, floor area ratio, open space, yards, and yard
obstructions, as regulated in the Zoning Ordinance of the City of Evanston
(the "Zoning Ordinance"), as affects certain property located within the
MU Transitional Manufacturing Zoning District (the "MU District") and shown on
the Development Plan (as hereinafter defined); and
WHEREAS, the Owner modified its application after hearing
commenced to seek increases in height and south side yard setback, reduction
in rear and north side yard setbacks, and removal of front yard fencing; and
WHEREAS, development of the subject property pursuant to the
Development Plan requires development allowances from the strict application
of the MU
District regulations of the Zoning
Ordinance so as
to
permit
construction
of structures to defined building
heights in excess
of
heights
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permitted by and with less parking than required by applicable regulations of
the Zoning Ordinance; and
WHEREAS, pursuant to Sections 6-3-6-5 and 6-3-6-6 of the Zoning
Ordinance, a planned development may provide for development allowances
which depart from height, setback, and other regulations established in the
Zoning Ordinance, subject to approval of the City Council; and
WHEREAS, the City's Plan Commission conducted public hearings
on February 9, 2005, March 9, 2005, April 13, 2005, May 11, 2005, and
June 8, 2005, pursuant to proper notice, in case no. ZPC 05-02-PD making a
verbatim record thereof, upon application of Owner for approval of a special use
to establish the Planned Development, and the Plan Commission made certain
findings of fact and recommended that the Planned Development be approved,
subject to certain conditions, including the requested relief related to defined
building height, parking, lot size, floor area ratio, open space, yards, and yard
obstructions, which findings and recommendation are incorporated herein
by reference; and
WHEREAS, the Planning and Development Committee of the City
Council considered the record and recommendations of the Plan Commission at
its June 27, 2005, July 11, 2005, and July 18, 2005 meetings and recommended
approval of the application with an amendment; and
WHEREAS, the City Council considered and adopted the
respective records and recommendations of the Plan Commission and Planning
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and Development Committee at its June 27, 2005, July 11, 2005, and
July 25, 2005 meetings; 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.
SECTION 2: That the application be it and hereby is approved to
permit the construction and operation of four (4) single-family attached dwelling
units and a fifteen- (15-) unit multi -family building on the subject property,
645 Custer Avenue, legally described in Exhibit A attached hereto and made a
part hereof, all in substantial conformance with the Development Plan attached
hereto as Exhibit B and made a part hereof, the MU Transitional Manufacturing
District Regulations, this Ordinance, and all applicable legislation and
other requirements.
SECTION 3: That the site development allowances for the
MU Transitional Manufacturing District authorized in Section 6-3-6-5 and set forth
in Section 6-13-1-10 are modified as follows:
a) The maximum building height requirement of Section
6-16-2-7 is modified to fifty-four feet (54') for the multi -family building and
forty-three feet, two inches (43'2") for the single-family attached buildings.
Without modification, the maximum height is forty-one feet (41'), or three (3)
stories, whichever is less.
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b)
The off-street
parking requirement in
Section
6-16-3-5 is
modified to allow
twenty-eight
(28) off-street parking
spaces.
Without
modification, the required number of off-street parking spaces is twenty-nine (29).
SECTION 4: That, as provided for in Section 6-3-6-6, the following
exceptions to site development allowances are granted:
a) An exception to Section 6-13-1-10 to the requirement that a
minimum of forty-five percent (45%) of the total gross area of the Planned
Development be devoted to usable open space to allow said total gross area
percentage at twenty-seven percent (27%).
b) An exception to Section 6-13-2-4 to the requirement of two
thousand square feet (2,000 sq. ft.) per unit for single-family attached dwellings,
and one thousand five hundred square feet (1,500 sq. ft.) per unit for multi -family
residential dwellings, to allow fifteen (15) multi -family dwelling units and four (4)
single-family attached dwelling units on the subject property, with a lot area of
sixteen thousand three hundred and thirty square feet (16,330 sq. ft.) instead of
the thirty thousand five hundred square feet (30,500 sq. ft.) required.
c) An exception to Section 6-13-2-6 to the requirement of a
minimum fifteen foot (15) side yard and a minimum twenty-five foot (25') rear
yard, and an exception to Section 6-13-1-10(B)(3) to the requirement of a
transition landscape strip for all boundaries not abutting a public street to allow
for a zero foot (0) setback from the north property line, a one foot (1) setback
from the rear property line, and five foot (5') setback from the south property line.
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d) An exception to Section 6-4-6-3nd Section 6-4-1-9 to the a
locational and dimensional requirements for balconies and bay windows to allow
balconies that extend five feet (5') into the required rear and side yards and bay
windows that extend four feet (4') into the required front yard.
e) An exception to Section 6-13-2-8 and Section 6-13-1-10(C)
to the requirements that floor area ratio not be greater than 0.55 to allow a floor
area ratio of approximately 2.01.
SECTION 5: 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, these conditions are hereby imposed:
A. Development and use of the subject property shall be in substantial
e compliance with all applicable legislation and City ordinances, with the testimony
and representations of the Owner to the Plan Commission, the Planning and
Development Committee, and the City Council, and with all approved plans and
documents on file in this case no. ZPC 05-02-PD; and
B. The Owner voluntarily agrees to donate $38,000.00 (thirty-eight thousand
and no/100 dollars) to the Mayor's Special Housing Fund, consistent with the
Comprehensive General Plan's policy to "Encourage proposals from the private
sector that will maintain the supply of moderately -priced housing, both rental and
owner -occupied". This donation, a public benefit pursuant to Section 6-3-6-3(E)
of the Zoning Ordinance, by adding to the Fund's financial resources, facilitates
the provision of a variety of housing types.
SECTION 6: That references herein to "Owner" shall in all cases
mean Clearwater, LLC, and all successor owners and successors in interest, and
operators of the subject property, including, but not limited to, any condominium
association, townhouse association, or similar entity.
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SECTION 7: That the Owner 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, and to provide a copy of same to the City's Zoning
Administrator before any permits may be obtained.
SECTION 8: All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 9: This Ordinance shall be in full force and effect from
and after its passage, approval, and publication in the manner provided by law.
Ayes:
Nays: r
Introduced: 2005
Adopted: jj 2,5-
, 2005
Attest:
y
Mary P. r i ,ity Clerk
A p ved as to orm:
Cor oration Counsel
Approved:
J�� , 2005
r
)orraine H. Morton, Mayor
is
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EXHIBIT A
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LOT A IN SCHROEDER'S CONSOLIDATION BEING A CONSOLIDATION OF
LOTS 1 AND LOTS 2 IN BLOCK 7, IN KEENEY AND RINN'S ADDITION TO
EVANSTON IN SECTIONS 19 AND 30, TOWNSHIP 41 NORTH , RANGE 14,
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
COMMONLY KNOWN AS:
645 CUSTER AVENUE, EVANSTON, ILLINOIS 60202
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EXHIBIT B is
DEVELOPMENT PLAN
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N OPTIONA
4NCREASE ALLEY SET BACK UP TO 14'4r
INCREASE LIGHT AND PRIVACY
-WIDEN SHARED ALLEY BY 7,
FROM 1 V-M T018'-P
-ROIMD SOMMAST CORNER OF LOT TO
WA -ROVE ALLEY ACCESS AND
CRCUTATION
-MOVE TOWM OUSE BAYS TO
NORTH SIDE OF TOWNHOUSE
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