HomeMy WebLinkAboutORDINANCES-1986-037-O-8610/28/85
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8/11/86
AN ORDINANCE
Amendments to the Evanston City Code
Concerning Planned Development Regulations
•
WHEREAS, the City
Council of the City of Evanston
referred to the
Zoning Amendment Committee a
proposal to consider amending
the Planned
Development and related provisions of the Evanston Zoning Ordinance so as to:
1. Allow Planned Developments in R1, R2, and R3 Residence
Districts by amending Sections 6-5-2(B) and 6-12-8-2.
2. Encourage the preservation of large old homes situated
on large lots by appropriate amendments to Section 6-12-8.
3. Make it clear that Planned Developments are allowed in R5,
RSA, R6, and R7 Districts by appropriate amendments to I
Sections 6-5-5, 6-5-6, 6-5-7, 6-5-8, and 6-12-8-2.
4. Make it clear that Planned Developments are allowed in U2 and
U3 University Districts by appropriate amendments to Sections
6-6-3 and 6-12-8-2.
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5. Make it clear that Planned Developments are allowed in the M3
and M4 Manufacturing Districts by appropriate amendment to I
Sections 6-8-4 and 6-12-8-2. i
6. Make it clear that Planned Developments are allowed in C2
Commercial Districts by an appropriate amendment to Sections
6-7-3-2 and 6-12-8-2.
7. Amend the minimum lot size set forth in the definition of
• "Planned Development" in Section 6-2-4, and the minimum lot
size for Planned Developments set forth in Section 6-12-8-2,
in order to reflect the proper direction of building develop-
ment in Residential Districts, so that the two provisions
conform to one another. i
8. Improve and streamline the procedures for Planned Developments;
and I
WHEREAS, the Zoning Amendment Committee conducted public
hearings beginning in 1977 and continued from month to month until 1982
to consider said amendments to the Zoning Ordinance pursuant to notice and
publication in the manner prescribed by law; consideration was resumed in 1984
i
pursuant to a public notice, published in the Evanston Review on July 12, 1984
and the matter was continued from hearing to hearing until the matter was
concluded on -March 21, 1985; and
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WHEREAS, the Zoning Amendment Committee has recommended, based on
evidence presented at those public hearings, findings of fact, consideration
of existing conditions, conservation of property values and the direction of
building development to the best advantage of the entire City, that the
• Evanston Zoning Ordinance be amended;
•
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 6-12-8 of the City Code of the City of
Evanston, 1979, as amended, is hereby further
amended to read as follows:
6-12-8 PLANNED DEVELOPMENTS:
6-12-8-1: INTENT AND PURPOSE: It is hereby recognized that
Planned Developments may.afford the opportunity=to
achieve more desirable site development than could otherwise re-
sult from the application of the basic provisions of the Zoning
Ordinance.
These regulations are intended to encourage such developments in
those instances where it is clearly beneficial to the City and
surrounding neighborhood. Such benefit may consist of, but is not
limited to:
(A) Preservation and enhancement of desirable site characteris-
tics and open space.
(B) Preservation of buildings which are architecturally or his-
torically significant.
(C) Use of design, landscape or architectural features to
create a pleasing environment.
(D) Provision of a variety of housing, in accordance with the
City's housing goals.
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(E) Inclusion of special features such as recreation or child
care facilities in association with residential develop-
ments.
(F) Elimination of blighted structures or incompatible uses
• through redevelopment or rehabilitation.
(G) Business, Commercial and Manufacturing development to en -
hence the local economy and strengthen the tax base.
It is the purpose of Planned Developments to enable the granting
of certain allowances or modifications from the basic provisions
of the Zoning Ordinance (site development allowances) to secure
attractive and timely development in furtherance of the City's ob-
jectives as defined from time to time in the Comprehensive Plan
and the policy resolutions of the City Council.
6-12-8-2: GENERAL PROVISIONS: A Planned Development may be
established for any parcel or tract of land under
single ownership or control to be planned and developed or re-
developed as a unit in a manner consistent with the intent and
purpose for which a Planned Development is permitted. However, in
the R1, R2, and R3 Districts, Planned Developments shall have a
minimum lot, parcel or tract area of sixteen thousand (16,000)
square feet. Planned Developments may be allowed, subject to the
requirements of this Ordinance, within all zoning districts.
Development within a Planned Development shall be limited solely
to that set forth on the development plan and related regulations
approved as part of the ordinance granting a Planned Development
permit. The burden of providing evidence and persuasion that any
such exceptions are necessary and desirable shall in every case
rest with the applicant. It shall not be sufficient to base jus-
tification for approval upon an already existing Planned Develop-
ment. Each Planned Development should be presented and judged on
its own merits. Site development allowances, i.e.
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alterations from the underlying zoning provisions, may be approved,
provided the applicant specifically identifies each such site de-
velopment allowance and demonstrates how each such site develop-
ment allowance would be compatible with surrounding development.
6-12-8-3 SITE DEVELOPMENT ALLOWANCES: The reviewing bodies
shall not recommend approval of, nor shall the City
Council grant, site development allowances for a Planned Develop-
ment except as hereinafter provided.
Open space, as used in Section 6-12-8-3, shall mean a yard, plaza
or other area, suitably landscaped but otherwise unoccupied and
unobstructed from grade level to the sky, and not used for busi-
ness, commercial or residential purposes or for parking, loading
or vehicular access.
Site development allowances (A) and (B) shall not be applicable tc
Planned Developments in U1 and U2.
• (A) The overall floor area ratio of a Planned Development may
exceed the maximum floor area ratio otherwise permitted in
the zoning district if:
1. The floor area increase is granted as an incentive for
providing additional open space, or
2. The floor area increase is granted as an incentive for
the inclusion of physical facilities which shall have been
specifically determined to constitute a benefit to the com-
munity.
(B) The maximum height permitted in the zoning districts may be
increased in connection with a Planned Development by not
more than thirty percent (30%), provided that where such
height
limits
are expressed in
number of stories, more than
•
half a
story
shall qualify for
a one story allowance if:
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1. The height increase is directly related to increases
in open space; or
2. The height increase is directly related to increases
• granted in the floor area ratio, and is thereby nec-
essary to accommodate the development without in-
fringing on open space.
(C) The location and placement of buildings may vary from the
underlying regulations, provided, however, that side yard
and front yard site development allowances in R1, R2, R3,
U1 and U2 may only be authorized if such allowances are in
harmony with surrounding development.
(D) Increases may be granted in the number of dwelling units
per lot area over that otherwise permitted in the under-
lying zoning district as an incentive for providing the
benefits of a Planned Development, subject to the limita-
tions established below.
• Maximum Percent Increase Over
Zoning District Underlying Requirement
R1, R2, & R3 0
R5, RSA, R6, R7 25
Ul, U2, U3 & U4 0
B1, B2 & Cl 25
B3, B4 & B5 No maximum
•
Notwithstanding the above limits, for Planned Developments
on property abutting or across a street or alley from pro-
perty zoned R1, R2 and R3, the number of dwelling units per
lot area shall not exceed the percentage increase over tha
otherwise permitted in the underlying zoning district shown
in the column below for the applicable zoning district:
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•
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Maximum Percent Increase Over
Zoning District
Underlving Requirement
Rl , R2 & R3
0
R5
22.5
R5A
15.0
R6
11.0
R7
0
U1
0
U2 & U3
10.0
U4
0
Bl, B2 & Cl
10.0
B3, B4, & B5
7.5
(E) In R1, R2 and R3 Districts the following additional
requirements shall also apply when residential uses are
proposed:
1. Existing buildings shall be limited to a maximum of
three (3) dwelling units.
2. Each proposed building shall be limited to a detachej
single-family dwelling, a two-family dwelling or a
residential building containing no more than three
(3) dwelling units; provided, however, that in RI
Districts no proposed residential building shall
contain more than two (2) dwelling units.
3. In the RI District only, each proposed dwelling unit
in a new one-story building shall have a minimum
ground floor area of not less than one thousand two
hundred (1200) square feet.
4. In the R1 District only, each proposed dwelling unit
in a new building having more than one story shall
have a minimum ground floor area of not less than
nine hundred (900) square feet.
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(F) Any other provisions of the Zoning Ordinance not previously
restricted by this section may be altered if the standards
contained in this Planned Development section are met.
6-12-8-4 PREAPPLICATION PROCEDURES: The purpose of these pro-
cedures is to clarify policy and procedures; allow
advisory review of preliminary plans before they are made final;
and facilitate and expedite the processing of applications for
Planned Development.
(A) A prospective applicant shall, before preparing or sub-
mitting a Planned Development application, meet for at
least one preapplication conference, jointly with the
Director of Planning, the Director of Building and Zoning,
i
a designated representative of the P1an.Commission and, if i
its jurisdiction is involved, a representative of the Pres-
ervation Commission. The purpose of the conference(s) is
• to help the applicant understand the Evanston Comprehensivi
i
General Plan, the Zoning Ordinance, the site development
allowances and the criteria by which the proposal will be
evaluated.
The prospective applicant shall submit preliminary Develop]
ment Plan information sufficient to define the proposal.
Participants may specify during the course of the confer-
ence what additional information the developer shall pro-
vide.
(B) If either Commission or its designated subcommittee so
elects, it shall conduct a preliminary review of the pro-
posed Planned Development. Citizen input at such review
• shall be encouraged.
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•
6-12-8-5 APPLICATION FOR PLANNED DEVELOPMENT
(A) Applications for Planned Development permits shall be filed
with the secretary of the Zoning Board of Appeals, accom-
panied by the required fee, and processed in the manner
prescribed in Section 6-12, and shall be in such form and
accompanied by such information as shall be established
I
from time to time by the Board.
(B) Every application for a Planned Development shall be accom-
panied by such number of copies of the documents
hereinafter required as the Zoning Board of Appeals may re-1
quire.
I
1. A development plan shall set forth at least the fol-
lowing:
a. The location, dimensions, and total area of the
site.
i
b. The location, dimensions, floor area, type of con-
struction and use of each proposed building or struc-
ture.
c. The number, the size and the type of dwelling unit
in each building, and the overall dwelling unit densit�.
d. The proposed treatment of open spaces and the ex-
terior surfaces of all structures, with preliminary
sketches of proposed landscaping and structures, in-
cluding typical elevations.
e. The number, location and dimensions of parking
spaces and loading docks, with means of ingress and
egress.
f. The proposed traffic circulation pattern within th,a
area of the development, including the location and
description of public improvements to be installed, in-
cluding any streets and access easements.
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g. The location and purpose of any existing or pro-
posed dedication or easement.
h. The general drainage plan for the developed tract.
i. The location, dimensions and uses of adjacent pro-
perties, abutting public rights -of -way and easements,
and utilities serving the site.
j. Significant topographical or physical features of
the site, including existing trees.
k. Soils or subsurface conditions, if requested.
2. A plat of subdivision showing that the Planned Develop-
ment consists of and is coterminous with a single lot
described in a recorded plat of subdivision, or a pro-
posed resubdivision or consolidation to create a single
lot or separate lots of record in suitable form ready
for review and approval by the City Council and re-
cording by the Recorder of Deeds.
3. The application shall also contain the following infor-
mation and be accompanied by the following submissions,
as well as such additional information and submissions
as may be requested by the Zoning Board of Appeals:
a. Legal description of the tract of land.
b. A certificate of disclosure of ownership interest.
c. A zoning analysis of the proposal.
d. Evidence that the applicant has sufficient control
over the tract to effectuate the proposed plan, in-
cluding a statement of all the ownership and beneficial
interest in the tract of land and the proposed develop -
meet.
e. Evidence of the financial capacity of the applicant
to complete the proposed development.
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f. When the proposed development includes provisions
for common open space or'recreational facilities, a
statement describing the provision that is to be made
for the care and maintenance of such open space or re-
creational facilities. If it is proposed that such I
open space be owned and/or maintained by any entity
other than a government authority, copies of the pro-
posed articles of incorporation and by-laws of such en-
tity shall be submitted.
g. Copies of any restrictive covenants that are to be
recorded with respect to property in the proposed de-
velopment.
h. When the development is to be constructed in stages)
or units, a schedule for the development of such stages]
or units shall be submitted stating the approximate be-
ginning and completion date for each stage or unit. Nol
such stage or unit shall have a relative dwelling unit
density that exceeds by more than twenty-five percent
• (25%) the proposed dwelling unit density of the entire
development. When a development provides for common '
open space, the total area of common open space pro-
vided at any stage of development shall, at a minimum,
bear the same relationship to the total open space to
i
be provided in the entire development as the stages on
units completed or under development bear to the entire
development.
i. The anticipated impact on traffic.
j. A statement showing the relationship of the pro-
posed development to the Comprehensive General Plan an�
future land use plans.
k. A statement as to why the proposed development is
compatible with, and will not cause substantial injury)
to the value of other property in the neighborhood.
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I. A statement as to how the proposed development is
to be designed, arranged and operated in order to
facilitate the development and use of neighboring pro-
perty in accordance with the underlying zoning district
• regulations.
(C) Immediately following receipt of an application, one set of i
plans shall be transmitted to the Plan Commission and, if its
jurisdiction is involved, the Preservation Commission, for
review and comment on whether the proposed development
complies with the intent and purpose of Planned Development as
specified in 6-12-8-1. Furthermore, the Plan Commission shall
i
determine whether the Planned Development is com- patible with
i
and implements the planning goals and objec- tives of the
City, as contained in the Comprehensive General Plan. The
findings and recommendations of any such review shall be
transmitted to.the Director of Building and Zoning no later
than thirty (30)
days after
the receipt of the
application by
•
the Secretary of
the Zoning
Board of Appeals.
I
6-12-8-6 : ZONING BOARD OF APPEALS REVIEW AND FINDINGS: Planned
Developments are special uses which involve such
special considerations of the public interest that
specific additional standards are hereby established to
govern the recommendations of the Zoning Board of
Appeals and the action of the City Council in order tol
allow such development in a manner which is in harmony]
with the general purposes and intent of the comprehen-I
sive Zoning Ordinance.
The Zoning Board of Appeals may recommend the granting
of site development allowances only for the purpose of
advancing adopted City goals and policies and only in
• accordance with limits established in the above
Sections.
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REQUIRED FINDINGS: The reviewing bodies shall not recommend ap-
proval of, nor shall the City Council adopt, a Planned Development
unless they shall make each of the findings hereinafter provided:
i
• ` (A) That the development plan conforms to the limits on site de-
velopment allowances established above.
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(B) That the other special use standards set forth in Section
6-12-7 will be satisfied.
(C) That the proposed Planned Development is compatible with
surrounding development and the development allowed under the
basic provisions of the Zoning Ordinance in the area in which
it is proposed and is not of such a nature in height, bulk or
scale as to exercise any influence contrary to the purpose and
intent of the Zoning Ordinance, as set forth in Section 6-1-2,
! and furthermore, that if the proposed Planned Development is
ifor an Evanston Landmark, or is located within an historic
• district listed on the National Register of Historic places or
within an historic district designated by the Evanston
Preservation Commission, that the proposed Planned Development,
be compatible with the "Secretary of the Interior's Standards
for Rehabilitation."
(D) That the proposed uses and the development are compatible with
and implement the planning goals and objectives of the City,
as contained in the Comprehensive General Plan and other
pertinent policy resolutions, particularly in terms of:
1. land use policy;
2. land use intensity;
3. housing goals;
i4. preservation goals and policies;
• S. population policies;
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6. traffic impact and parking;
7. impact on schools, public services and facilities;
8. essential character of the neighborhood;
9. any neighborhood planning goals consistent with the
planning goals of the City, and;
10. conservation of the taxable value of land and buildings
throughout the City, and retention of taxable land on
tax rolls.
(E) That the proposed Planned Development can be completed within
two (2) years of granting the permit; provided, however, that
if extensive or staged development is planned which requires
more time, a reasonable time schedule shall be established as
part of the plan.
(F) That the streets or other means of access to the site pro-
posed are suitable and adequate to carry anticipated traffic
and will not overload the adjacent streets.
(G) That the existing or proposed utility services are adequate
for the proposed planned development.
(H) That the applicant demonstrates adequate financial resources
to assure completion of the Planned Development in a timely
way.
(D) No Planned Development permit shall be valid for a period
longer than one year unless a building permit is issued and
construction is actually begun within that period and is
diligently pursued to completion; provided, however, that sari
one year period may be extended by the City Council for such
time as it shall determine for good cause shown, with- out
further hearing before the Board.
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6-12-8-7 ADDITIONAL REQUIREMENTS
(A) The Zoning Board of Appeals shall report to the City Council
its findings and recommendations. The Zoning Board of
Appeals may recommend, and the City Council may adopt, such
additional conditions as are deemed necessary for the pro-
tection of the public interest, including dates for initia-
tion and completion of the development.
(B) The City Council may further require, by appropriate cove-
nants or other restrictions running with the land, the pro-
vision of open spaces within the area of the Planned
Development which shall never be used for the construction of
any building or structure, and may otherwise cause ade- quate
arrangements to be made for the care and maintenance of such
open space.
(C) A Planned Development may only be approved by an ordinance
• adopted by the City Council. Any ordinance approving a
Planned Development shall specify the special conditions and
•
restrictions imposed on the Planned Development and shall
include the development plan and plat of subdivision showing
that the Planned Development consists of and is conterminous
with a single lot described in a recorded plat of sub-
division, provided that a plat of resubdivision or consoli-
dation to create a single lot or separate lots of record may
be approved by the City Council as part of the Planned
Development and must be recorded before permits may be
issued. Said ordinance shall further contain a legal
description of the property subject to such Planned Develop-
ment, and said ordinance shall be recorded in the office of
the Recorder of Deeds before any permits may be obtained.
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(D) Applications for building permits must be accompanied by
three sets of complete working drawings to be reviewed by
appropriate staff for compliance with all applicable codes.
No permit may be issued until compliance with all applicable
• codes is certified and dated by staff.
(E) No alteration or amendment shall be made in the construction,
development or use without a new application under the pro-
visions of this Ordinance; provided, however, that minor al-
terations may be made subject to written approval of the City
Manager with copies of such approval submitted to the
Planning and Development Committee; and provided further,
that the date for completion may be extended by the City
Council for good cause.
SECTION 2: That Section 6-2-4 of the City Code of the City of
Evanston, 1979, as amended, is hereby further amended
to read as follows:
PLANNED DEVELOPMENT A tract of land which is developed as a unit
under single ownership or control. One or
more principal buildings may be located on a
single lot.
SECTION 3: That Section 6-5-2(B) of the City Code of the City of
Evanston, 1979, as amended, is hereby further amended
by adding Planned Developments to the list of special uses authorized in an R:
District.
SECTION 4: That Sections 6-6-3(D)l and 6-6-6(C) of the City Code
of the City of Evanston, 1979, as amended, are hereby
further amended by adding "Planned Developments" to the list of special uses
in the U1 and U6 University Districts.
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SECTION.5: That Sections 6-6-3(D)2 and 6-6-4(C)7 of the City Code
of the City of Evanston, 1979, as amended, are hereby
further amended by deleting only the footnotes in each provision that
cross-reference Section 6-12-8-2.
SECTION 6: That Section 6-7-2-2 of the City Code of the City of
Evanston, 1979, as amended, is hereby further amended
by deleting from the "Planned Development" entry in paragraph "P" the
following wording: "in B2, B3, B4 and B5 Districts only."
SECTION 7: That Section 6-7-3-2(A) of the City Code of the City
of Evanston, 1979, as amended, is hereby further
amended by deleting from the "Planned Developments" entry in paragraph "P" the
following wording: "in C2 and C3 Districts."
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.
�j r►
Introduced: 1986
V
Adopted: , 1986
ATTEST:
Z�
City Clerk
App oved as to form:
Corporatio&Counsel
Appr ed: �
.,
el
Mayor
/,�� , 1936
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