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HomeMy WebLinkAboutORDINANCES-2003-093-O-03• 10/15/2003 93-0-03 AN ORDINANCE GRANTING A SPECIAL USE FOR A PLANNED DEVELOPMENT IN THE D3 DOWNTOWN CORE DEVELOPMENT ZONING DISTRICT AND THE D2 DOWNTOWN RETAIL CORE ZONING DISTRICT AT 1710 ORRINGTON AVENUE/1717-1725 SHERMAN AVENUE WHEREAS, Orrington Hotel, LLC, as owner of the Property, as hereinafter defined ("Owner"), 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 building height and the • ziggurat setback, as regulated in the Zoning Ordinance of the City of Evanston (the "Zoning Ordinance"), as affects certain property located within the D3 Downtown Core Development Zoning District (the "D3 District") and the D2 Downtown Retail Core Zoning District (the "D2 District") and shown on the Development Plan (as hereinafter defined); and WHEREAS, 1710 Orrington Avenue, improved with the Orrington Hotel, is generally located in the area bounded by Orrington Avenue, Church Street, that certain public alley located parallel to and south of Clark Street and that certain public alley located parallel to and east of Sherman Avenue (the "Hotel Parcel") and 1717-1725 Sherman Avenue, the parking garage, is generally located in the area bounded by Sherman Avenue, that certain public alley located parallel to and south of Clark Street and that certain public alley located parallel to and east of Sherman Avenue (the 93-0-03 "Garage Parcel") (the Garage Parcel and the Hotel Parcel are collectively referred to • herein as the "Property" and are more particularly described in Exhibit A attached hereto and made a part hereof ); and WHEREAS, the Hotel Parcel is currently improved with the building and other improvements commonly known as the Orrington Hotel and the Garage Parcel is currently improved with the building and other improvements commonly known as 1717- 1725 Sherman Avenue (the Orrington Hotel's parking garage) and the Property is intended to be further developed pursuant to those certain Orrington Hotel Revitalization Plans, including a Site Plan, Ninth Floor Conference Center Plans and Building Elevations and Sections, and Sherman Avenue Residential Development plans, all prepared by Destefano Keating Partners Limited and dated September 4, 2003 which are attached hereto and made a part of this Ordinance as Exhibit B (collectively, the • "Development Plan"); and WHEREAS, The Garage Parcel (a lot held in single ownership) is located primarily in the D3 District but also partially in the D2 District, and, therefore, pursuant to Section 6-7-2 (B) 3 of the Zoning Ordinance and for purposes of this Special Use Ordinance, the Zoning Administrator has determined that the D3 District regulations extend to the entire Garage Parcel and, in addition, that the Property should be treated as a single zoning lot; WHEREAS, the development of the Property pursuant to the Development Plan requires development allowances from the strict application of the D3 District regulations of the Zoning Ordinance so as to permit construction of structures to defined 0 -2- 93-0-03 • building heights in excess of heights permitted by and with setbacks other than the ziggurat setback required by applicable regulations of the Zoning Ordinance; and WHEREAS, pursuant to Sections 6-3-6-4 and 6-3-6-5 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 a public hearings on September 10, 2003, and September 17, 2003 pursuant to proper notice in case no. ZPC 03-10-RD making a written 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, is subject to certain conditions, including the requested relief related to defined building height and the ziggurat setback, 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 October 13, 2003 meeting and recommended approval of the application; and WHEREAS, the City Council considered the respective records and recommendations of the Plan Commission and Planning and Development Committee at its October 13, 2003 meeting; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY • OF EVANSTON, COOK COUNTY, ILLINOIS: -3- 93-0-03 SECTION ONE: That the aforedescribed Planned Development, case no. ZPC- • 03-10-PD, be and it is hereby approved to permit the construction and operation on the Property of a hotel to include, among other things, a new conference and meeting facility, and no more than thirty (30) residential units to be constructed above the existing Garage Parcel substantially in conformance with the D3 District regulations, the Development Plan as approved by the City and the terms of this Ordinance, all on property legally described in Exhibit A attached hereto and made a part hereof. SECTION TWO: That the City Council adopts the findings of the Plan Commission that the application meets the standards for special uses set forth in Section 6-3-5-10 of the Zoning Ordinance, as follows: a) Planned developments are a listed special use in the D3 District, pursuant to Section 6-11-9-3. b) The proposed Planned Development is in keeping with the • p 9 purposes and policies of the Comprehensive General Plan and the Zoning Ordinance, as amended from time to time in that the proposed use will enhance the existing assets of the central business district which will in turn bolster the overall social and economic quality of the City, will preserve and energize the existing character of downtown, will add housing stock to the central business district which will in turn increase the property tax base of the City, will promote the growth of downtown by attracting new business and business opportunities, will promote a mixed -use central business district that will be attractive, convenient and economically vibrant, and will promote the downtown as a viable tourist destination. c) The proposed Planned Development will not have a negative cumulative effect in conjunction with other special uses in the immediate neighborhood and the City as a whole, in that it will help to solidify the fundamental character of the area surrounding the Property and help to establish a precedent of preservation which will impact the City positively. • d) The proposed Planned Development does not interfere with or diminish the value of property in the neighborhood, in that it has no WE 93-0-03 • adverse impact on the value of property and encourages a higher incremental assessed valuation for property within the Downtown District. e) The proposed Planned Development can be adequately served by public facilities and services, in that existing streets and other infrastructure are sufficient to meet the proposed development's needs and will remain that way after completion of the proposed planned development. f) The proposed Planned Development will not cause undue traffic congestion, in that the existing streets, the parking garage located on the Property and other infrastructure are sufficient to meet the proposed development's needs. g) The proposed Planned Development will preserve and enhance the Orrington Hotel, a building which has been a cornerstone in downtown Evanston since the 1920s. h) There are no significant natural and environmental features at the site. The Property currently occupies 100% of the site area and • there will be no change to the natural and environmental conditions of the site. i) The proposed development will comply with all applicable legislation. SECTION THREE: That the City Council adopts the findings of the Plan Commission that the application met the standards for planned developments set forth in the Downtown Districts provisions in Section 6-11-1-10 (A), Section 6-11-1-10 (B), and Section 6-11-1-10 (C) of the Zoning Ordinance: 6-11-1-10 (A) a. 1) As required by Section 6-11-1-10 (A), the proposed development is compatible with surrounding development, and will not exercise any influence contrary to the purpose and intent of the Zoning - Ordinance. The hotel has been at its existing location since the 1920s, and the only significant change to the hotel will be the • construction of a conference and meeting facility on the remaining portion of ninth floor of the hotel which will have a height matching the existing structure. The addition of three stories containing no more than thirty (30) residential units to the Garage Parcel will -5- 93-0-03 result in a mixed -use development that will be compatible with • surrounding developments which are also characterized by a mixed -use character. 2) The proposed development will enhance the existing downtown by maintaining and improving the Orrington Hotel and its accessory restaurant and retail uses, and the addition of no more than thirty (30) one- and two -bedroom residential units to the downtown will add to the revitalization of downtown, enhance the taxable value of the Garage Parcel and land and buildings throughout the City, and contribute to a mixed use vitality by attracting new business opportunities, including conventions and tourists. 3) The proposed development will be compatible with and implement the Comprehensive General Plan, the Plan for Downtown Evanston and the Zoning Ordinance, as stated in Section Two above. b. The proposed planned development meets all requirements of Section 6-11-1-10 (B), relating in general to need for the proposed use and such site controls and standards as safe and convenient, pedestrian and vehicular movement, utility location and capabilities. C. The requirements of Section 6-11-1-10 (C) are met in that: The proposed • development's divergences from as -of -right allowances are within the planned development allowances. The proposal is within the maximum allowable FAR, without any zoning relief, and the maximum defined building height which shall be no greater than the height of the existing tenth floor, or 111 feet (as measured from grade to the top of the tenth floor roof) for the Hotel Parcel is considerably less than 170 feet. The development's major divergences from the D3 District's as -of -right requirements, regarding the ziggurat setback are acceptable at this location under the circumstances of this proposal and are consistent under the circumstances of this proposal with the values and goals of the Comprehensive General Plan for Downtown Evanston. SECTION FOUR: 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 waive the requirement set forth in Section 6-11-1-4 of the Zoning Ordinance to permit (i) the construction of a structure on the Garage Parcel as part of the Planned Development which shall have a thirteen- (13-) foot ziggurat • setback, instead of the required forty- (40-) foot ziggurat setback, and (ii) the '.[:M 93-0-03 • construction of a conference and meeting facility on the remaining portion of the ninth floor of the Hotel Parcel as part of the Planned Development which shall have an approximately ten- (10-) foot setback from the south lot line along Church Street and a setback ranging between zero (0) feet and three and one-half (3 Y2) feet from the east lot line along Orrington Avenue, instead of the required forty- (40-) foot ziggurat setback, all in accordance with the Development Plan. SECTION FIVE: Pursuant to Section 6-3-6-5 of the Zoning Ordinance, a development allowance relative to the regulations of Section 6-11-5-8 of the Zoning Ordinance is hereby granted to waive the requirement set forth in Section 6-11-5-8 of the Zoning Ordinance to permit the construction of a structure on the Hotel Parcel as part of the Planned Development which shall have a defined building height no greater • than the height of the existing tenth floor, a defined building height of 111 feet (as measured from grade to the top of the tenth floor roof) with a maximum height to the top of the existing hotel's cupola of approximately 136 feet, all in accordance with the Development Plan. SECTION SIX: The development of the residential units (the "Residential Development") to be constructed above the existing parking garage located on the Garage Parcel shall comply in all material respects with the following guidelines and with the Development Plans: a. The Residential Development shall contain no more than 30 residential or long-term stay hotel units and no more than three stories; • b. The Residential Development (a) will consist of architectural stucco, specifically not including EFIS or "Dryvit"; (b) will contain new load bearing points that will be placed over the existing column points MR 93-0-03 and integrated into the existing structural grid of the garage; and (c) • will be set back thirteen (13) feet from Sherman Avenue; C. In order to provide for the clearest vertical circulation and to maintain the existing garage layout, including it's vehicular ingress and egress, the residential elevator and new stairwell to be constructed as a part of the Residential Development will be located on the ground floor within the retail portion of the Garage Parcel; d. The Owner agrees that it will obtain the review and recommendation for the Residential Development from the Plan Commission and approval by the City Council with respect to appearance of the Residential Development including without limitation colors, materials, landscape plan, architectural detailing such as banding and window openings and spacing; and e. To the extent, applicable and notwithstanding Sections 6-3-5-15 (a) and 6-11-1-10 (A) (4) of the Zoning Ordinance, which provides that a special use permit be valid for only one year unless a building permit is issued and construction is actually begun within that period, the special use permit being issued as part of this is shall be subject to the provisions set forth in Section Nine below. SECTION SEVEN: All requirements applicable in the D3 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 Property, except as and to the extent said requirements have been modified by this Ordinance, and the Property may be developed in any manner that conforms to said requirements as modified hereby. SECTION EIGHT: Nothing herein shall be construed to prohibit or in any way restrict the alienation, sale or any other transfer of all or any portion of the Property or any rights, interests or obligations therein, provided that after such alienation, sale, or other transfer, all applicable requirements of this Zoning Ordinance and the City Code are met. • 93-0-03 • SECTION NINE: The two-year completion date provided for in Sections 6-3-5-15 (a) and 6711-1-10 (A) (4) of the Zoning Ordinance, is hereby extended to five (5) years to allow for staged development, of the approved plans on file and representations of the Owner. If a perfected application for a building permit for the improvements described in the Development Plan is not filed with the City within five- (5-) years following adoption of this Ordinance (rather than twelve months), then the Planned Development shall expire. Said five- (5-) year 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 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 twenty-four (24) months from 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 are begun and is being diligently pursued within such twenty-four (24) month period, but are not completed, then such twenty-four (24) month time period for required completion of the Planned Development is set forth in this Ordinance may, upon prior approval by the City Council, be extended to permit the completion of said construction. . SECTION TEN: Construction of the Planned Development as set forth in the Development Plan and this Ordinance shall be subject to the Site Plan and Appearance 93-0-03 Review provisions of the City Code, the Owner's agreement to the conditions set forth in • Section Six of this Ordinance, and in accordance with representations of the Owner to the Plan Commission, the Planning and Development Committee, and the City Council. SECTION ELEVEN: References herein to the "Zoning Ordinance" shall in all cases mean the Zoning Ordinance in effect as of the date hereof; provided, however, except as provided in Section 10 of this Ordinance, that if the Zoning Ordinance is hereafter amended or interpreted so as to be less restrictive relative to the use and development of the Property than is currently the case, then such less restrictive amendment or interpretation shall control. SECTION TWELVE: References herein to the "Owner" shall in all cases mean Orrington Hotel, LLC and any and all successor owners, and operations of the Hotel Parcel and/or the Garage Parcel, as applicable. • SECTION THIRTEEN: 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 and to provide a copy of same to the City's Zoning Administrator before any permits may be obtained. SECTION FOURTEEN: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION FIFTEEN: 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: G • -10- • Introduced: }t?X}t ,2003 Adopted: O Ct6� lL� ,2003 ATTEST: I f, J City r Co tion Cou 1: V • 0 93-0-03 Appr ed: CSC %`�� 20 i -=� M yor - 11 - 93-0-03 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: LOTS 2, 3, AND 4 IN BLOCK 16 IN EVANSTON, IN THE SOUTHEAST'/ OF THE NORTHWEST'/ OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: THE NORTH 1/2 OF LOT 7 AND ALL OF LOT 8 IN BLOCK 16 IN EVANSTON IN THE SOUTHEAST'/o OF THE NORTHWEST'/ OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3: EASEMENT FOR THE BENEFIT OF PARCELS 1 AND 2 FOR OPERATING, ERECTING, MAINTAINING, REVIEWING, REPAIRING, CONSTRUCTING OR REMOVING A TWELVE FOOT UNDERGROUND TUNNEL AS CREATED BY EASEMENT AND HOLD HARMLESS AGREEMENT DATED JULY 1, 1983 AND RECORDED FEBRUARY 4, 1985 AS DOCUMENT NUMBER 27430082, TO CONTINUE FOR A PERIOD OF 20 YEARS FROM THE DATE OF PASSAGE OF EVANSTON CITY COUNCIL ORDINANCE 60-0-83, IN, UPON, UNDER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: • THE SOUTH 12 FEET OF THE NORTH 89.61 FEET LYING BELOW A HORIZONTAL PLANE OF 19.00, CITY OF EVANSTON DATUM AND ABOVE A HORIZONTAL PLANE OF 9.00', CITY OF EVANSTON DATUM OF THAT PART OF THE NORTH SOUTH 20 FOOT WIDE ALLEY LYING SOUTH OF THE NORTH LINE OF LOT 2 • EXTENDED WEST IN BLOCK 16 IN EVANSTON, IN THE SOUTHEAST 1/ OF THE NORTHWEST Y< OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS SAID EASEMENT ALSO DEPICTED ON PLAT OF EASEMENT RECORDED JULY 15, 1983 AS DOCUMENT NUMBER 26690751 A-1 • EXHIBIT B 0 • DEVELOPMENT PLAN [Attached] 93-0-03 B-1 Y • 93-0-03 EXHIBIT .A LEGAL DESCRIPTION} OF PROPERTY PARCELI: LOTS 2, 3, AND 4 IN BLOCK 16 IN EVANSTON, IN THE SOUTHEAST ?/ OF THE NORTHWEST/ OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: THE NORTH 1/z OF LOT 7 AND ALL OF LOT 8 IN BLOCK 16 IN EVANSTON IN THE SOUTHEAST 1/4 OF THE NORTHWEST 'A OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3: EASEMENT FOR THE BENEFIT OF PARCELS 1 AND 2 FOR OPERATING, ERECTING, MAINTAINING, REVIEWING, REPAIRING, CONSTRUCTING OR REMOVING A TWELVE FOOT UNDERGROUND TUNNEL AS CREATED BY EASEMENT AND HOLD HARMLESS AGREEMENT DATED JULY 3, 1983 AND RECORDED FEBR.UARY 4, 1985 AS DOCUMENT NUMBER 27430082, TO CONTINUE FOR A PERIOD OF 20 YEARS FROM THE DATE OF PASSAGE OF EVANSTON CITY COUNCIL ORDINANCE 60-0-83, IN, UPON, UNDER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: THE' SOUTH 12 FEET OF THE NORTH 89.61 FEET LYING BELOW A HORIZONTAL PLANE OF 19.00, CITY OF EVANSTON DATUM AND ABOVE A HORIZONTAL PLANE OF 9..00', CITY OF EVANSTON DATUM OF THAT PART OF THE NORTH SOUTH 20 FOOT WIDE ALLEY LYING SOUTH OF THE NORTH LINE OF LOT 2 EXTENDED WEST IN BLOCK 16 IN EVANSTON, IN THE SOUTHEAST 1/< OF THE NORTHWEST''/3 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS SAID EASEMENT ALSO DEPICTED ON PLAT OF EASEMENT RECORDED JULY 15, 1983 AS DOCUMENT NUMBER 26.690751 Rwj [Attached) M.