HomeMy WebLinkAbout035-O-23 Approving Major Variations on the Property Located at 1811-1815 Church Street and 1708-1710 Darrow Avenue in the B2 Business and oWE West Evanston Overlay Districts03/13/2023
03/27/2023
35-O-23
AN ORDINANCE
Approving Major Variations on the Property Located at 1811-1815
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
WHEREAS, Richard Koening, Housing Opportunity Development
Corporation (HODC), applicant on behalf of the property located at 1811-1815 Church
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Street and 1708-1710 Darrow Avenue in the B2 Business District and the oWE West
Evanston Overlay District requests seven major variations to 1) reduce the required
front yard build to zone from 5’-10’ to 0’; 2) reduce the required west and east interior
side yard setbacks from 5’ to 0’; 3) reduce the required rear yard setback from 5’ to 2.5’;
4) increase the maximum permitted impervious surface coverage from 90% + 5% semi-
pervious surface area to 99.7% of lot area; 5) increase the maximum permitted building
height of 3 stories and 47’ to 5 stories and 57.7’; 6) eliminate the required 8’ ziggurat
setback at the 3rd story; and 7) eliminate the required one short loading berth, in order to
construct a 5-story mixed-use building with ground floor retail, 44 dwellings, and on-site
parking in the B2 Business and oWE West Evanston Overlay Districts; 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
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-0092; 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 four (4) “yays” and three (3) “nays” with one (1) Commissioner absent,
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and one (1) Commissioner abstaining, recommends the approval to the City Council
with the following findings:
1. The requested variations will not have a substantial adverse impact on the
use, enjoyment or property values of adjoining properties: The standard is
met through a balance of community benefits.
2. The requested variations are in keeping with the intent of the zoning
ordinance: The use is allowed in the zoning district and meets the
Comprehensive Plan goal to develop empty lots, so the standard is met.
3. The alleged hardship or practical difficulty is peculiar to the property: The lot
is owned by the City with redevelopment of an iconic building for a mixed-use
project stated as the goal. Testimony confirming the redevelopment goals
and considering that the financing requires a larger lot for the proposed
program deems it peculiar to the property, so the standard is met.
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 number of variances could be reduced if smaller
units were proposed, but then the family housing goals would not be met.
However, no alternatives have been presented to the commission, so this
standard is met.
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: There are multiple goals
accomplished with this project and therefore the standard is met.
6. The alleged difficulty or hardship has not been created by any person having
an interest in the property: The lot has been vacant for years and so the
standard is met.
7. The requested variations require 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 proposal is not the least deviation, however,
there have been agreed upon changes to the rear setback, so the standard is
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
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Open Meetings Act and the Zoning Ordinance, received input from the public, carefully
considered the findings and the recommendation of the LUC, and recommended
approval thereof by the City Council with the following amendments to the request:
1. Increase the maximum permitted building height of 3 stories and 47’ to 4
stories and 47’; and
2. Reduce the requested number of dwelling units from 44-units to 33-units; 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 recommendation of the LUC and the P&D Committee, received
additional public comment, and made certain findings, and recommended the following
condition of approval be added to those recommended by the LUC:
1. HODC shall work with the Preservation Commission prior to demolition to
review the construction management plan, photo documentation of existing
conditions, and a report issued by a certified structural engineer that
documents measures taken to ensure the proposed construction activities will
not have a structural impact on the landmarked building at 1817 Church
Street. HODC will also ensure that the development complies with Chapter 4-
13, Floodplain Regulations, of the Evanston City Code and the Watershed
Management Ordinance of the Metropolitan Water Reclamation District, prior
to the issuance of any building permits.; and
WHEREAS, the applicant submitted revised development plans (Exhibit
B) to reflect the amendments recommended by P&D Committee and City Council on
March 13, 2023; 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).
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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 approves the Major Variations, as applied for in zoning case no.
22ZMJV-0092 as follows:
1. Reduce the required front yard build to zone from 5’-10’ to 0’;
2. Reduce the required west and east interior side yard setbacks from 5’ to 0’;
3. Reduce the required rear yard setback f rom 5’ to 2.5’;
4. Increase the maximum permitted impervious surface coverage from 90% to
5% semi-pervious surface area to 99.7% of lot area;
5. Increase the maximum permitted building height of 3 stories to and 47’ to 5 4
stories and 57.7’ 47’;
6. Eliminate the required 8’ ziggurat setback at the 3 rd story; and
7. Eliminate the required one short loading berth, in order to construct a 5-story
mixed-use building with ground floor retail, 44 33 dwellings, and on-site
parking in the B2 Business and oWE West Evanston Overlay Districts.
SECTION 3: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance,
the City Council imposes the following conditions on the aforementioned zoning relief
granted hereby, being Major Variations listed above as requested under zoning case
no. 22ZMJV-0092, which may be amended by future ordinance(s), and violation of any
of which shall constitute grounds for penalties or revocation of said 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.
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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: address construction impacts to neighboring property at 1817
Church Street, is to be shared with 1817 Church Street, and coordinates
construction activity with the proposed Mt. Pisgah project at 1801-1805
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 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. Green Building Ordinance: The Applicant agrees to comply with the City of
Evanston Green Building Ordinance.
4. Bird Friendly Measures: The Applicant agrees to comply with the City of
Evanston Bird Friendly Ordinance.
5. Rental Registration: The Applicant agrees to comply with the City of Evanston
rental registration requirements.
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. Roof Mounted Mechanical Equipment: Roof mounted mechanical equipment
shall comply with the maximum permitted sound level at the property line. The
applicant is encouraged to use equipment that does not need sound
attenuation modifications.
8. Public Works Agency review and approval for new street trees and benches
located within the parkway along Darrow Avenue.
9. Parking Services and Public Works Agency approval for proposed on-street
loading zone.
10. 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.
11. Replace any sidewalk displaced during construction.
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12. Provide Stop control and stop bar at the access drives for northbound site
traffic exiting onto the alley along the north side of the development site.
13. Provide bike storage/racks for both residents and commercial uses in the
HODC project.
14. Run an AutoTurn to examine turning operations at the new access drive.
15. HODC shall work with the Preservation Commission prior to demolition to
review the construction management plan, photo documentation of existing
conditions, and a report issued by a certified structural engineer that
documents measures taken to ensure the proposed construction activities will
not have a structural impact on the landmarked building at 1817 Church
Street. HODC will also ensure that the development complies with Chapter 4-
13, Floodplain Regulations, of the Evanston City Code and the Watershed
Management Ordinance of the Metropolitan Water Reclamation District, prior
to the issuance of any building permits.
SECTION 4: 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 5: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
SECTION 6: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 7: 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.
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SECTION 8: 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.
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Introduced: _________________, 2023
Adopted: ___________________, 2023
Approved:
__________________________, 2023
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Nicholas E. Cummings, Corporation
Counsel
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April 10
March 13
April 11