HomeMy WebLinkAboutORDINANCES-2005-010-O-0511
4/4/2005
3/24/2005
3/4/2005
2/23/2005
1 /19/2005
10-0-05
AN ORDINANCE
Approving an Amendment to the Zoning Map to
Rezone 1228 Emerson Street from 01 Office District to
R5 General Residential District and
Granting a Special Use for a Planned
Development at 1228 Emerson Street
WHEREAS, Ferris Homes (the "Applicant"), with permission from LaSalle
Bank National Association Trust No. 50379 (the "Owner"), submitted an application to
the City of Evanston seeking approval, as contract purchaser of 1228 Emerson Street
(the "Property") for a Zoning Map amendment to rezone the Property from an 01 Office
• District to a R5 General Residential District, and seeking approval of a special use for a
planned development pursuant to the provisions of Sections 6-3-5 "Special Uses", 6-3-6
"Planned Developments", 6-8-1-10 "Planned Developments" (within Residential
Districts), and 6-8-6-3 "Special Uses" (within a R5 General Residential District) of the
Zoning Ordinance to permit construction of a sixty- (60-) unit multi -story residential
development with a defined building height of seventy-two feet (72') and a total of
eighty-one (81) parking spaces; and
WHEREAS, the Plan Commission held public hearings on the application
(Case No. ZPC 04-09 PD&M) pursuant to proper notice on September 8, 2004, October
13, 2004, October 26, 2004, November 11, 2004, and December 6, 2004, hearing
0 testimony and receiving other evidence, and making written findings and a verbatim
transcript; and
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WHEREAS, during public hearings, the Applicant modified its application
to instead permit construction of a fifty- (50-) unit multi -story residential development
with a defined building height of sixty-nine feet (69') and a total of eighty-seven (87)
parking spaces; and
WHEREAS, construction of the planned development proposed by the
applicant, as modified by the applicant during public hearings, (the "Planned
Development") requires development allowances from the strict application of the lot
coverage, impervious surface, height, yard, and parking location regulations otherwise
required by the applicable zoning regulations of the Zoning Ordinance; and
WHEREAS, pursuant to Sections 6-3-6-4, 6-3-6-5 and 6-3-6-6 of the
Zoning Ordinance, a planned development may provide for development allowances .
and modifications to site development allowances that depart from the lot coverage,
impervious surface, height, yard, parking location and other regulations established in
the Zoning Ordinance, subject to approval of the City Council; and
WHEREAS, the Plan Commission's written findings indicate that the
application for amendment of the Zoning Map from the 01 Office District to the R5
General Residential District meets the standards for amendments to the Zoning Map
indicated in Section 6-3-4-5 of the Zoning Ordinance and achieves the public benefits
indicated in Section 6-3-6-3 of the Zoning Ordinance; and
WHEREAS, the Plan Commission's written findings indicate that the
application for planned development, with certain additional modifications to and 0
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conditions upon the original application reducing permitted construction to a fifty- (50-)
unit multi -story residential development with a total of eighty-seven (87) parking spaces,
meets the standards for special uses indicated in Section 6-3-5-10 of the Zoning
Ordinance; addresses the general conditions for planned developments in Residential
Districts indicated Section 6-8-1-10(A) of the Zoning Ordinance and adequately
addresses the site controls and standards of Section 6-8-1-10(B) and the development
allowances of Section 6-8-1-10(C) of the Zoning Ordinance; and
WHEREAS, the Plan Commission made no findings indicating that
construction of a multi -story residential development with a defined building height of
sixty-nine feet (69') meets the standards for a) special uses indicated in Section
• 6-3-5-10 of the Zoning Ordinance; b) the general conditions for planned developments
in Residential Districts in Section 6-8-1-10(A) of the Zoning Ordinance, and c) the site
controls and standards of Section 6-8-1-10(B) and the development allowances of
Section 6-8-1-10 (C) of the Zoning Ordinance; and
WHEREAS, the Plan Commission recommended approval of the
application for Zoning Map amendment; and
WHEREAS, the Plan Commission recommended approval of the
application for special use for a planned development, as modified by the Applicant at
the public hearings, with certain additional modifications to and conditions upon the
application reducing permitted construction to a fifty- (50-) unit multi -story residential
0 development with a total of eighty-seven (87) parking spaces; and
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WHEREAS, the Plan Commission made no recommendation regarding
approval of the modified application's request for construction of a multi -story residential
development with a defined building height of sixty-nine feet (69'); and
WHEREAS, the Planning and Development Committee of the City Council
at its January 24, 2005, February 14, 2005, February 28, 2005, and March 14, 2005,
March 21, 2005, March 28, 2005, and April 11, 2005 meetings considered the record in
this Case No. ZPC 04-09 PD&M, made findings that a building height of sixty-two feet
(62') met applicable requirements for a site development allowance, and adopted the
findings and recommendations of the Plan Commission with modifications, including a
building height of sixty-two feet (62') and a reduction to forty-nine (49) units; and
WHEREAS, the City Council at its March 14, 2005, March 28, 2005, and •
April 12, 2005 meetings considered the respective records and recommendations of the
Plan Commission and the Planning and Development Committee,
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 adopts the findings and
recommendations of the Plan Commission and the Planning and Development
Committee and approves an amendment to the Zoning Map cited in Section 6-7-2 of the
Zoning Ordinance to rezone the property commonly known as 1228 Emerson Street, 0
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and legally described in Exhibit 1 attached hereto and made a part hereof, from an
01 Office District to a R5 General Residential District.
SECTION 3: That the City Council hereby adopts the respective records
and findings and recommendations of the Plan Commission and the Planning and
Development Committee and approves a special use for a Planned Development
permitting the construction and operation on the Property of a forty- (49-) nine unit multi-
story residential development with a defined building height of sixty-two feet (62') in
conformance with the R5 General Residential District, the Planned Development Plan
approved by the City (with such revisions made during final design as may be required
for construction and Code compliance), indexed in Exhibit 2 and attached hereto as
is
Exhibit 3, both attachments hereby made a part hereof, and the terms of this Ordinance.
SECTION 4: Pursuant to Sections 6-3-6-5 and 6-3-6-6 of the Zoning
Ordinance and the terms and conditions of this Ordinance, the following site
development allowances and modifications are hereby granted to the Planned
Development:
A. A site development allowance allowing a building lot coverage of approximately
forty-seven percent (47%), or seventeen thousand nine hundred square feet (17,900
sq. ft.) of the approximately thirty-eight thousand five hundred thirty-three square foot
(38,533 sq. ft.) Property, whereas Section 6-8-6-6 of the Zoning Ordinance otherwise
allows a maximum of forty-five percent (45%), including two hundred square feet
(200 sq. ft.) for each open parking space, or seventeen thousand three hundred thirty-
nine square feet (17,339.85 sq. ft.);
B. A site development allowance allowing a maximum impervious surface of
approximately seventy-five percent (75%), or twenty-nine thousand sixty-four square
. feet (29,064 sq. ft.), whereas Section 6-8-6-9 of the Zoning Ordinance otherwise allows
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a maximum or sixty percent (60%), or twenty-three thousand one hundred twenty
square feet (23,120 sq. ft.);
C. A site development allowance allowing a front yard along Emerson Street of
twelve feet (12') and a side yard abutting a street along Green Bay Road of six feet (6'),
whereas Section 6-8-6-7 of the Zoning Ordinance otherwise requires twenty-seven feet
(27') for a front yard and fifteen feet (15') for a side yard abutting a street;
D. A modification to a site development allowance allowing no transitional
landscape strip along the west and south lot lines of the Property, whereas Section
6-8-1-10(B)(3) of the Zoning Ordinance otherwise requires a ten foot (10') transition
landscaped strip;
E. A site development allowance allowing parking spaces to be located more than
thirty feet (30') from a rear or alley lot line, whereas Section 6-4-6-3 of the Zoning
Ordinance, Table 4A otherwise requires parking spaces within residential districts to be
no further than thirty feet (30') from a rear or alley lot line; and
F. A site development allowance allowing forty-nine (49) dwelling units, whereas
Section 6-8-6-4 of the Zoning Ordinance otherwise requires a site area of one thousand
five hundred square feet (1,500 sq. ft.) for each of the first four (4) dwellings plus eight •
hundred square feet (800 sq. ft.) for each additional dwelling, or forty-two thousand
square feet (42,000 sq. ft.) for forty-nine (49) dwellings, while the Property's thirty-eight
thousand five hundred thirty-three square foot (38,533 sq. ft.) lot area is otherwise
allowed forty-four (44) dwellings;
G. A site development allowance allowing a building height of sixty-two feet (62'),
whereas Section 6-8-6-8 of the Zoning Ordinance otherwise allows a maximum building
height of fifty feet (50') or five (5) stories.
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 Property shall be in substantial compliance with all
applicable legislation and City ordinances, with the testimony and representations of
the Applicant to the Plan Commission, the Planning and Development Committee, and
the City Council, and with all approved plans and documents on file in Case
No. ZPC 04-09 PD&M. is
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B Prior to the issuance of a final Certificate of Occupancy, the Applicant shall
have reconstructed the north one hundred ninety-nine and ninety-nine hundredths feet
(199.99') of the alley abutting the subject property to the west, said alley being the
north/south alley parallel to and approximately two hundred feet (200') east of Asbury
Avenue. Said reconstruction may include, but not be limited to, repaving or
replacement of drainage structures, and other improvements identified by the City of
Evanston Department of Public Works as requiring construction or reconstruction.
Said construction or reconstruction shall meet or exceed the City's requirements for
alley construction. The Applicant shall have removed all utility poles from the
aforedescribed segment of alley, and shall have caused the underground relocation
and reconnection of all service to the adjacent properties west of said alley listed in
Exhibit 4 attached hereto and made a part hereof, (hereinafter "Neighbors'
Properties") and to the subject property prior to alley reconstruction. The Applicant
shall have met and consulted with abutting property owners prior to relocation and
construction, and shall, to the extent permissible by the utility provider(s), and City
requirements, relocate, construct, and reconstruct so as to minimize these owners'
property damage and inconvenience.
C. Prior to the issuance of a final Certificate of Occupancy, the Applicant shall
• correct any damage caused by its construction activities to Neighbors' Properties.
Said correction may include, but not be limited to, installation of landscaping in type(s)
and quality commensurate with that existing immediately prior to issuance of the
building permit. The Applicant shall meet and consult with the owners of Neighbors'
Properties as to the plantings to be installed, other corrective actions, and the
schedules therefor.
D. The Applicant agrees to negotiate with owners of the properties listed in
Exhibit 4 for the purposes of lessening and mitigating the visual impact that the
building located at 1228 Emerson Street will have from their back yards. The
Applicant agrees to provide landscaping or other considerations agreeable to each
property owner. The Applicant will, within sixty (60) days of completion of the
construction of the building, offer a landscaping proposal to each property owner listed
herein which will, if agreeable to the property owner, be completed, weather
permitting, within sixty (60) days thereafter.
If the property owner(s) and the Applicant cannot agree to the landscaping or other
considerations as offered by the Applicant, the Applicant will pay for and commission
Steve Lenet, from Linden, Lenet Designes, to mediate a resolution. If Mr. Lenet
cannot resolve the differences between the property owner(s) and the Applicant within
• thirty (30) days after being requested to do so, the property owner(s) then, within thirty
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(30) days thereafter, will submit its concerns or differences to the Planning and
Development Committee of the City of Evanston for binding resolution.
E. Plantings shown in the approved plans shall be planted and maintained in good
and sightly condition. Any planting that dies or fails to thrive (each a "Failed Planting")
shall be replaced during the earliest available planting season thereafter. The
procedure in connection with Failed Plantings shall be as follows:
1. If the City makes written notification to the Applicant of the obligation to
replace Failed Plantings in the "Landscape Notice", it shall specify therein the
plantings to be replaced.
2. Within thirty (30) days after the date of receipt of the Landscape Notice
(the "Replanting Period"), (i) each Failed Planting shall be replaced, or (ii) if a
replacement therefor is not available, or if the weather does not permit planting within
the Replanting Period, the City shall be notified in writing (the "Extension Notice") of
the circumstances preventing replacement of a Failed Planting and provided with a
reasonable estimate of the time in which a replacement planting will be available
and/or the weather will permit planting, which in no event shall be longer than two
hundred seventy (270) days from the date of receipt of the Landscape Notice (the
"Extended Replanting Period"). For Failed Plantings not replanted within the •
Replanting Period, or the Extended Replanting Period, if an Extension Notice has
been delivered and accepted by the City, the Applicant shall pay $500.00 (five
hundred and no/100 dollars) for each such plant to the City within thirty (30) days after
expiration of the Replanting Period or the Extended Replanting Period, as the
case may be.
3. The City's Zoning Administration shall be promptly notified in writing of
changes to the notice address set forth below for purposes of this provision:
Ferris Homes
Mr. Andrew Ferris
624 Anthony Trail
Northbrook, Illinois 60062
4. The obligations to plant, maintain, and replant herein shall also be
obligations of any condominium association formed to administer the Property, which
obligations shall be contained in any Declaration of Condominium for the Property and
not be subject to amendment without the City's prior consent.
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F. The Applicant voluntarily agrees to donate $25,000.00 (twenty-five 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".
G. The Applicant shall comply with a tree preservation plan approved by the
Division of Forestry, Department of Parks, Forestry and Recreation. Said tree
preservation plan shall be adhered to during all demolition and construction activity on
the subject property and adjacent right-of-way, and thereafter as indicated.
H. The Applicant will install and maintain lighting in compliance with Sheet 2K of
Exhibit 2, the "conceptual lighting plan". The Applicant may install and maintain
additional lighting in compliance with applicable City Code requirements.
I. The Applicant will comply with any terms imposed upon it by the City as
conditions precedent to, and contained in, the Ordinance vacating that part of the
public right-of-way identified in Applicant's site plan and grade level plan set forth in
Exhibit 2G and approved by the City.
• J. When necessary to effectuate the terms and conditions and purposes of this
Ordinance, "Applicant" shall read as "Applicant's agents, assigns and successors
in interest".
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SECTION 6: That the Applicant is required to record a certified copy of
this Ordinance, including all Exhibits hereto, at its cost with the Cook County, Illinois
Recorder of Deeds before any City permits may be obtained.
SECTION 7: That all ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 8: That this Ordinance shall be in full force and effect from and
after its publication, approval, and publication in the manner provided by law.
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Ayes: 6
Nays:
Introduced: M aA-e,� Z $ 2005
Adopted: a-1-i 12 , 2005
Approved:
2005
L rraine H. Morton, Mayor
Attest:
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Mary . M r 's, ity Clerk
•
Ap rb\�e as to for
Corporation Counsel
E
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Exhibit I to Ordinance 10-0-05
PARCEL 1:
LOT 1 (EXCEPT FROM SAID LOT 1 THE FOLLOWING TRACT: BEGINNING AT THE NORTHEASTERLY .CORNER OF LOT 1 AND RUNNING SOUTIICASTERLY 120 FEET PARALLEL TO
AND ALONG THE WESTERLY LINE OF THE PUBLIC WAY FORMERLY KNOWN AS WEST RAILROAD AVENUE AND NOW KNOWN AS GREENBAY ROAD: THENCE WESTERLY 60 FEET
PARALLEL TO THE NORTH LINE OF SAID LOT 1: THENCE NORTHWESTERLY PARALLEL TO THE WESTERLY LINE OF SAID RAILROAD AVENUE OR GREENBAY ROAD. 120.00 FEET;
THENCE EASTERLY 60.00 FEET TO THE PLACE OF BEGINNING). ALL IN CIRCUIT COURT PARTITION OF LOTS 23 AND 25 IN COUNTY CLERK'S DIVISION OF UNSUBDIVIDED
LANDS IN THE NORTHWEST OUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN. (EXCEPT THE PORTION TAKEN OR USED
FOR GREENBAY ROAD NOW KNOWN AS RIDGE AVENUE), IN COOK COUNTY. ILLINOIS.
PARCEL 2:
LOT 2 (EXCEPT THE SOUTH 65 FEET OF SAID LOT 2) OF THE SUBDIVISION BY THE COMMISSIONERS OF THE CIRCUIT COURT PARTITION OF LOT 23 AND 29 II`4i4OUNTY
CLERK'S DIVISION OF UNSUBDIVIDED LANDS IN THE NORTHWEST QUARTER OF SECTION 10. TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL'S M tpIAN.
EXCEPTING THEREFROM THAT PORTION TAKEN OR USED FOR GREENBAY ROAD NOW KNOWN AS RIDGE ROAD, IN COOK COUNTY, ILLINOIS. i
EXCEPTING FROM SAID PARCEL 1 AND 2 THE FOLLOWING:
THAT PART OF PARCELS 1 AND 2 LYING EAST OF A LINE BEGINNING AT A POINT IN THE NORTH LINE OF
EASTERLY LINE OF LOT 2 MEASURED ALONG SAID NORTH LOT LINE OF THE SOUTH 65.00 FEET OF LOT 2
15.25 FEET WEST OF THE EAST LINE OF LOT 1. AS MEASURED ON A LINE PARALLEL TO THE SOUTH LINE
POINT IN THE SOUTH LINE OF THE EAST 60.00 FEET OF THE NORTH 120.0 FEET OF SAID LOT 1. 10 FEET
RIGHT ANGLES THERETO.
SOUTH 65.00 FEET OF LOT 2 AND 30.00 FEET WE0 OF THE
AND RUNNING THENCE NORTHWESTERLY 74.88 FEE7u40 A POINT
OF SAID LOT 1; THENCE NORTHWESTERLY 31.55 FEET TO A
WEST OF THE EAST LINE OF SAID LOT 1, AS MEASO.R' ED AT
o..
The parcels that comprise the subject property of this Ordinance 10-0-05 include, fisted by Permanent Index Numbers (Pals): 11-18-111-013-0000, 11-18-111-014-0000 and;11-18-
111-015-0000. Also included in the project area is an approximately 18 foot wide by 55 foot long portion of the right of way of Green Bay Road adjacent to the middle section€;the
property's east lot line.
Exhibit 2 to Ordinance 10-0-06
Index
Exhibit # Sheet
2A GreenBay Road/Ridge Avenue Elevation
2B East Elevation / Ridge Rd Elevation
2C North Elevation / Emerson St. Elevation
2D Landscaping Plan
2E Setback Study
2F Greenbay Road/ Ridge Avenue Building Height
Diagram
2G Site Plan/ Grade Level Plan
2H First Floor Plan Lower Level Plan
(Representational as to interior layout)
2I Fifth Floor Plan Second - Fourth Plan
(Representational as to interior layout)
2J Sixth Floor Plan
(Representational as to interior layout)
2K Conceptual Lighting Plan
Date,
} Undated drawing marked received °:
3/16/05 '
3/14/05
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1849 Asbury
1847 Asbury
1843 Asbury
1841 Asbury
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Exhibit 4 to Ordinance 10-0-05
Neighbors' Properties