HomeMy WebLinkAbout034-O-23 Granting a Special Use Permit for a Religious Institution in the oWE exceeding 10000 Sq Ft but Less than 40000 Sq Ft and Approving Major Variations on the Property Located at 1801-1805 Church St and 1708-1710 Darrow Ave in the B2 Business and oWE03/13/2023
34-O-23
AN ORDINANCE
Granting a Special Use Permit for a Religious Institution in the oWE
West Evanston Overlay District exceeding 10,000 Square Feet but Less
than 40,000 Square Feet and Approving Major Variations on the
Property Located at 1801-1805 Church Street and 1708-1710 Darrow
Avenue in the B2 Business and oWE West Evanston Overlay Districts
WHEREAS, the City of Evanston is a home-rule municipality pursuant to
Article VII of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of government, the City has the authority
to adopt legislation and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; and
WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970,
states that the “powers and functions of home rule units shall be construed liberally,”
was written “with the intention that home rule unit be given the broadest powers
possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and
WHEREAS, it is a well-established proposition under all applicable case
law that the power to regulate land use through zoning regulations is a legitimate means
of promoting the public health, safety, and welfare; and,
WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1,
et seq.) grants each municipality the power to establish zoning regulations; and,
WHEREAS, pursuant to its home rule authority and the Illinois Municipal
Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the
Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and
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WHEREAS, Pastor Clifford Wilson, Mt. Pisgah Ministry Inc., applicant on
behalf of the property located at 1801-1805 Church Street and 1708-1710 Darrow
Avenue in the B2 Business District and the oWE West Evanston Overlay District
requests a Special Use Permit for a religious institution exceeding 10,000 square feet
but less than 40,000 square feet and nine major variations to 1) reduce the required
front yard build to zone from 5’-25’ to 0’ at upper floors; 2) reduce required west interior
side yard setback from 5’ to 0’; 3) increase impervious surface coverage from 60% to
20% semi-pervious surface material to 90.3%; 4); increase building height from 2 stories
or 30’ to 3 stories at 44.0’ to parapet; 5) eliminate the required building stoop base type
and provide a storefront base type instead; 6) provide occupied space behind building
parapet cap where occupied space is not permitted; 7) eliminate the required one short
loading berth; 8) increase yard obstruction 10% to 40% into corner side setback for
exterior building fins and vertical trellis; and 9) eliminate the required 3’-4’ tall steel or
PVC picket fence around the parking area, in order to construct a 3-story building for a
religious institution with both on-site and leased offsite parking in the B2 Business and
oWE West Evanston Overlay Districts; and,
WHEREAS, pursuant to Subsection 6-9-3-2,religious institutions are
permitted uses and pursuant to Subsection 6-9-3-3, permitted uses exceeding 20,000
square feet are approved special uses in the B2 Business District; and
WHEREAS, following due and proper publication of notice in Evanston
Review, a suburban publication of the Evanston Review, not less than fifteen (15) nor
more than thirty (30) days prior thereto, and following written notice to all property
owners within 500 feet of the Subject Property, and following the placement of signs on
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the Subject Property not less than ten (10) days prior thereto, the Evanston Land Use
Commission (“LUC”) conducted a public hearings on January 11, 2023, February 8,
2023, and on February 22, 2023, in compliance with the provisions of the Illinois Open
Meetings Act (5 ILCs 120/1 et seq.) on the application for a Special Use Permit for a
religious institution, filed as zoning case no.22ZMJV-0089; and
WHEREAS, the LUC received extensive testimony, heard public
comment, and made findings pursuant to Subsection 6-3-5-10, of the Zoning Ordinance,
and by a vote of three (3) “yays” and five (5) “nays” with one (1) Commissioner absent,
moves this matter to City Council with a negative recommendation with the following
findings:
1. Is one of the listed special uses for the zoning district in which the property
lies: It is a listed special use and therefore the standard is met.
2. Complies with the purposes and the policies of the Comprehensive
General Plan and the Zoning Ordinance: Meets the standard because it
develops an undeveloped lot.
3. Does not cause a negative cumulative effect in combination with existing
special uses or as a category of land use: It is not cumulative in that it is
replacing an existing church, so the standard is met.
4. Does not interfere with or diminish the value of the property in the
Neighborhood: The architectural design will add to the corner, so the
standard is met.
5. Is adequately served by public facilities and services: Public facilities are
available, so the standard is met.
6. Does not cause undue traffic congestion: Testimony was provided
regarding he limited parking plan, the existing parking challenges and the
proposed larger church, therefore this standard is not met.
7. Preserves significant historical and architectural resources: The standard
is not applicable because it is a new building on an empty lot.
8. Preserves significant natural and environmental resources: The standard
is not applicable because it is an empty lot.
9. Complies with all other applicable regulations: This standard is met as it
was vetted by staff throughout the process.
WHEREAS, the LUC received extensive testimony, heard public
comment, and made findings pursuant to Subsection 6-3-5-10, of the Zoning Ordinance,
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and by a vote of three (3) “yays” and five (5) “nays” with one (1) Commissioner absent,
moved this matter to City Council with a negative recommendation with the below
findings incorporated into the record:
1. The requested variations will not have a substantial adverse impact on the
use, enjoyment or property values of adjoining properties: The church has
value in the community, so the standard is met.
2. The requested variations are in keeping with the intent of the zoning
ordinance: Meets the standard because it develops an empty lot and meets
the zoning code use.
3. The alleged hardship or practical difficulty is peculiar to the property: The
standard is met because the lot provides a particular difficulty due to its
environmental restriction that does not allow for a basement which is
compounded by the West Evanston Overlay District requirements.
4. The property owner would suffer a particular hardship or practical difficulty as
distinguished from a mere inconvenience if the strict letter of the regulations
were to be carried out: The standard is met because of the West Evanston
Overlay District requirement.
5. Either the purpose of the variations is not based exclusively upon a desire to
extract additional income from the property, or, while the granting of the
variations will result in additional income to the applicant and while the
applicant for the variation may not have demonstrated that the application is
not based exclusively upon a desire to extract additional income from the
property, the Land Use Commission or the City Council, depending on final
jurisdiction under Section 6-3-6-3 of this Chapter, has found that public
benefits to the surrounding neighborhood and the City as a whole will be
derived from approval of the variation, that include, but are not limited to, any
of the standards of Section 6-3-6-3 of this Chapter: The standard is met
because it is a religious institution.
6. The alleged difficulty or hardship has not been created by any person having
an interest in the property: The standard is met as the lot has been empty for
a long period with pre-existing environmental conditions.
7. The requested variations requires the least deviation from the applicable
regulation among the feasible options identified before the Land Use
Commission issues its decision or recommendation to the City Council
regarding said variations: The overlay district is creating many of the
variations standards however a smaller building footprint has not been
presented making the standard difficult to meet and therefore it is not met.
WHEREAS, on March 13, 2023, the Planning and Development (“P&D”)
Committee of the City Council held a meeting, in compliance with the provision of the
Open Meetings Act and the Zoning Ordinance, received input from the public, carefully
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considered the findings and the negative recommendation of the LUC, and
recommended approval thereof by the City Council; and
WHEREAS, at its meetings on March 13, 2023 and March 22, 2023, held
in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council
considered the negative recommendation of the LUC and the P&D Committee, received
additional public comment, and made certain findings; and
WHEREAS, it is well-settled law that the legislative judgment of the City
Council must be considered presumptively valid (see Glenview State Bank v. Village of
Deerfield, 213 Ill. App.3d 747) and is not subject to courtroom fact-finding (see National
Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are found as fact and incorporated
herein by reference.
SECTION 2: Pursuant to the terms and conditions of this ordinance, the
City Council hereby grants the Special Use Permit, as applied for in zoning case no.
22ZMJV-0089, to allow a religious institution.
SECTION 3: Pursuant to the terms and conditions of this ordinance, the
City Council hereby approves the Major Variations, as applied for in zoning case no.
22ZMJV-0089 as follows:
1. Reduce the required front yard build to zone from 5’-25’ to 0’ at upper
floors;
2. Reduce required west interior side yard setback from 5’ to 0’;
3. Increase impervious surface coverage from 60% to 20% semi-pervious
surface material to 90.3%;
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4. Increase building height from 2 stories or 30’ to 3 stories at 44.0’ to
parapet;
5. Eliminate the required building stoop base type and provide a storefront
base type instead;
6. Provide occupied space behind building parapet cap where occupied
space is not permitted;
7. Eliminate the required one short loading berth;
8. Increase yard obstruction 10% to 40% into corner side setback for exterior
building fins and vertical trellis; and
9. Eliminate the required 3’-4’ tall steel or PVC picket fence around the
parking area, in order to construct a 3-story building for a religious
institution with both on-site and leased offsite parking in the B2 Business
and oWE West Evanston Overlay Districts.
SECTION 4: Pursuant to Subsection 6-3-5-12 and 6-3-8-14 of the Zoning
Ordinance, the City Council imposes the following conditions on the aforementioned
zoning relief granted hereby, being a Special Use Permit for a religious institution and
Major Variations listed above as requested under zoning case no. 22ZMJV-0089, which
may be amended by future ordinance(s), and violation of any of which shall constitute
grounds for penalties or revocation of said Special Use Permit and Major Variations
pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance:
1. Compliance with Applicable Requirements: The applicant shall develop and
operate the use authorized by the terms of this ordinance in substantial
compliance with the following: the terms of the ordinance; the Development Plan
in Exhibit #, attached hereto and incorporated herein by reference; all applicable
City Code requirements; the Applicant's testimony and representations to the
Design and Project Review Committee, the Land Use Commission, the Planning
& Development Committee, and the City Council.
2. Construction Management Plan: The Applicant shall sign and agree to a
Construction Management Plan (CMP) with the City of Evanston prior to
issuance of the building permit. The CMP must include but is not limited to the
following: coordination of construction activity with the proposed HODC project at
1811-1815 Church Street, water and sewer utility connections, construction
staging plan, on-street and on-site construction parking restrictions, hours of
operation, a plan including cross sections showing pedestrian access around the
site with the use of curb ramps, signage and/or striping, if necessary, foundation
survey of surrounding structures including weekly reporting of seismographs for
the duration of construction, submittal of environmental testing report prior to
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construction, visibility diagram for all construction site access points, proposed
schedule for street opening for utility connections with cross section details, and
project updates via monthly newsletter and project website.
3. Construction Schedule: Pursuant to Subsection 6-3-5-15 of the Zoning
Ordinance, no special use permit granted shall be valid for a period longer than
one (1) year unless a building permit is issued and construction is actually begun
within that period and is thereafter pursued to completion, or unless a certificate
of occupancy is issued and a used commenced within that period or unless a
longer time is requested and granted by the City Council.
4. Green Building Ordinance: The Applicant agrees to comply with the City of
Evanston Green Building Ordinance.
5. Bird Friendly Measures: The Applicant agrees to comply with the City of
Evanston Bird Friendly Ordinance.
6. Approval of a plat of subdivision and recording of the approved plat of subdivision
establishing new property lines related to the proposed HODC project at 1811-
1815 Church Street.
7. The rooftop trellis/canopy is to be open to the sky/weather.
8. Roof Mounted Mechanical Equipment: Roof mounted mechanical equipment
shall meet the maximum permitted sound level at the property line.
9. Public Works Agency review and approval for new street trees and benches
located within the parkway along Darrow Avenue.
10. Parking Services and Public Works Agency review and approval for proposed
on-street loading zone.
11. A photometric plan is required for exterior lighting showing light levels at the
property line. Exterior lighting is not permitted to glare or spill over onto adjacent
properties.
12. Excavation of contaminated soil due to construction activity shall comply with
applicable Federal, State, and local environmental protection regulations.
13. Provide the City with a copy of a lease for 14 parking spaces located at the
Y.O.U. parking lot at the southeast corner of Church Street and Dodge Avenue,
site owned by School District #202 prior to Temporary Certificate of Occupancy
(TCO).
14. Explore using pervious pavers or similar materials where possible beyond the
contaminated soil area in addition to the on-site parking area.
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15. Replace any sidewalk displaced during construction.
16. Reduce exterior trellis depth along the east elevation from 3’ to 2’.
SECTION 5: When necessary to effectuate the terms, conditions, and purposes
of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assignees,
and successors in interest.”
SECTION 6: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
SECTION 7: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 8: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 9: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced: _________________, 2023
Adopted: ___________________, 2023
Approved:
__________________________, 2023
_______________________________
Daniel Biss, Mayor
Attest:
Approved as to form:
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April 10
March 13
April 11
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_______________________________
Stephanie Mendoza, City Clerk
______________________________
Nicholas E. Cummings, Corporation
Counsel
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