The URL can be used to link to this page

Home My WebLink About048-O-23 Granting Major Variations to allow a K-8 Education Institution- Public on Property Located at 2000 Simpson Street in the OS Open Space District05/08/2023 48-O-23 AN ORDINANCE Granting Major Variations to allow a K-8 Education Institution- Public on Property Located at 2000 Simpson Street in the OS Open Space District 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, Alex Lopez of Cordogan Clark Architects, is the architect for the owner of the property commonly known as 2000 Simpson Street, legally described ~ 1 ~ Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 1 of 41 48-O-23 herein (“Subject Property”), attached hereto and incorporated herein by reference as Exhibit “A”; and WHEREAS, Alex Lopez (“Applicant”), has petitioned the City Council of the City of Evanston, for approval of a five Major Variations from of the Zoning Ordinance (“Variations”) 1) Floor Area Ratio (FAR) of .62 where the maximum is 0.15, 2) Proposed height of 3 stories at 55 ft. where 2.5 stories or 35 ft. is maximum, 3) Open parking location within the front yard, 4) Loading area located in the required front yard, and 5) Loading area dimension (10 X 35) that is located within the drive aisle width of the parking lot, in accordance with Section 6-3-8-10 of the Zoning Ordinance in order to construct a three (3) story kindergarten through 8th grade, educational institution - public with a playing field and 83 on-site parking spaces and on the Subject Property; and WHEREAS, following due and proper publication of notice in 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 hearing on April 19, 2023 regarding case no. 23ZMJV-0022 to consider the requested Variations at which the Applicant presented evidence, testimony, and exhibits in support of the Variations, and at which 14 persons appeared and provided public comment, and 15 comments were received and distributed to the members of the LUC prior to the public hearing; and WHEREAS, after having considered the evidence presented, including the ~2~ Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 2 of 41 48-O-23 exhibits and materials submitted, and public testimony provided, the LUC found that: A. The requested Variations will not have a substantial adverse impact on the use, enjoyment, or property values of adjoining properties. The added conditions lessen the impact of the Variations. B. The requested Variations are in keeping with the intent of the Zoning Ordinance. The Zoning Ordinance includes schools and there has been a long discussion about a neighborhood school within the 5th Ward. The open space is currently zoned to be built upon with an educational building C. The alleged hardship or practical difficulty is peculiar to the property. The open space district has a low build by right which is a practical difficulty, meeting this standard. D. 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. Looking at the parking, FAR, and two front yards, the strict letter of the regulations could not be carried out to build a school and so the standard is met. E. 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 variation 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 6-3-8-2 of the City Code, has found that ~3~ Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 3 of 41 48-O-23 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 of the City Code. The goal of building a school is not to gain additional income, but to provide a specific public benefit of education, and so the standard is met. F. The alleged difficulty or hardship has not been created by any person having an interest in the property. The property has been in district 65 ownership for years and the standard is met. G. 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 Variation. The applicant has made several program and building reductions, investigated parking alternatives, and including the additional recommended conditions better meets the standard. WHEREAS, after making its findings as set forth herein, the LUC recommended approval of the requested Variations pursuant to Sections 6-3-8-10 and 6-3-8-12 of the Zoning Ordinance by a vote of five (5) “yes” votes and two (2) “no” votes with two (2) absent to the Planning and Development Committee (“P & D Committee”) of the City Council; and WHEREAS,on April 28, 2023, the applicant submitted revised development plans (Exhibit B) to reflect amendments recommended by staff and the Land Use Commission ~4~ Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 4 of 41 48-O-23 WHEREAS,on May 8, 2023, the P & D Committee held a meeting in compliance with the Illinois Open Meetings Act, received input from the public, carefully considered the findings and recommendation for approval with conditions by the LUC in case no. 23ZMJV-0022 as outlined herein, concurred with said findings and recommended approval of the requested Variations to the City Council with altered conditions as enumerated herein; and WHEREAS,at its meetings on May 8, 2023 and May 22, 2023, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the aforementioned findings of fact, as amended and outlined herein, and finds it appropriate to grant the Variations as recommended by the LUC and the P & D Committee; 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 approves the Major Variations, as applied for in zoning case no. 23ZMJV-0022 as follows: 1. Floor Area Ratio (FAR) of .62 where the maximum is 0.15. ~5~ Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 5 of 41 48-O-23 2. Proposed height of 3 stories at 55 ft. where 2.5 stories or 35 ft. is maximum. 3. Open parking location within the front yard. 4. Loading area located in the required front yard. 5. Loading area dimension (10 X 35) that is located within the drive aisle width of the parking lot. SECTION 3: Pursuant to Subsection 6-3-8-14 of the Code, the City Council hereby imposes the following conditions on the aforementioned zoning relief granted hereby, being Major Variations listed above as requested under zoning case no. 23ZMJV-0022, 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. A Construction Management Plan is required prior to construction to include how restoration of adjacent properties will be accomplished as a result of proposed construction activities. 2. Remove the southernmost lay-by lane shown on the revised plans submitted on April 28, 2023. 3. The School District shall explore LEED Gold certification or equivalent & integrate measures that meet or exceed the City of Evanston’s Bird Friendly requirements, as feasible. 4. Building plans submitted to the state for review shall also be submitted to the City for alignment with the approved Variations. 5. A Waste Management Plan is required prior to completion of the school’s construction. 6. A Pedestrian and Traffic Circulation Plan shall be provided within 3 months of approval of the project. This plan will be evaluated, amended, and submitted to the City, as necessary, by the School District to address impacts to the neighborhood. Plan should include the following: a. Recommendations included within the Traffic Study provided by KLOA b. Confirmation and City approval of any proposed street closures for pick-up/drop-off times (Ashland Ave, Dewey Ave, etc.) c. Confirmation and City approval of any temporary one-way street designations for streets bordering the site during pick-up/drop-off times d. Use of crossing guards or other staff to direct traffic ~6~ Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 6 of 41 48-O-23 7. A robust educational Active Transportation Safety Initiative for students shall be developed to raise student and parent awareness regarding safe pedestrian and bicyclist behaviors. This program should not only teach safety principles but also encourage active transportation through the use of challenges and goal setting. The curriculum and plan shall be submitted for approval at least six months prior to the project completion. 8. Additional parking alternatives should be pursued to support the City’s CARP goals. Items to consider: a. The School District could consider increasing incentives to further promote staffers commuting via CTA, Metra and ride share. As stated above, the District has an existing program that enables staff to put money towards transit cards to encourage use of public transit. b. District 65 should regulate their parking lot via a permit program either virtual permit (license plate based) or stickered. This would allow correlation with a transit program. The District intends to regulate parking for teachers in this manner. c. Work with the City to utilize additional parking spaces within the Ecology Center or Civic Center parking lots. d. Parallel parking spaces on Ashland should be very short-term parking. This will allow residents and visitors to use the spaces. A 1 Hour max limit would be our suggestion. In addition, the spaces can disallow parking during certain hours of the day, example: “no parking between 7am-9am / 2pm-4pm Mon-Fri. 9. Should the surrounding community implement residential parking districts (permit parking) in the future, school staff will not be granted residential parking district permits. 10.The Applicant may be required to contract at their own expense with a traffic consultant to study pedestrian and traffic circulation over time and make necessary revisions to the pedestrian and traffic circulation and parking plan if the City identifies pedestrian and/or traffic issues with the development at any time in the future. 11.A Shared Use Agreement is required for City access to the required parking for Fleetwood-Jourdain and the playfield. Signage may be required to designate Fleetwood-Jourdain parking. 12.An easement agreement must be negotiated and approved by the City Council for the City to access the Fleetwood Jourdain maintenance drive on the west side of the parking lot. 13.A pedestrian path must be established through the parking lot. 14.A rodent control plan designed by a certified operator is provided before, during and after construction. 15.Snow removal plan required to be submitted within 6 months of project approval; snow must be stored on-site or hauled away. 16.Mechanical equipment is screened and designed to minimize noise impacts to the surrounding neighborhood. ~7~ Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 7 of 41 48-O-23 17.Street light replacement required for all existing lights affected by the pick-up/drop-off areas and construction. 18.Public refuse containers are installed per Public Works standards. 19.Use of grass instead of artificial turf for the playfield. 20.The Applicant shall, at their cost, record a certified copy of this ordinance, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City prior to the completion of the school’s construction. SECTION 4:When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5:The City Council may, for good cause shown, waive or modify any conditions set forth in this Ordinance without requiring that the matter return for public hearing. SECTION 6: The building permit plans and subsequent construction shall be consistent with the approvals granted herein, provided that all conditions set forth hereinabove have been met and that the requested construction complies with all other applicable laws and ordinances. This granting of the approvals shall expire and become null and void twenty-four (24) months from the date of passage of this Ordinance unless a building permit to begin construction per this Ordinance is applied for within said twenty-four (24)-month time period and construction is continuously and vigorously pursued provided, however, the City Council, by motion, may extend the period during which permit application, construction, and completion shall take place. SECTION 7:If any provision of this ordinance or application thereof to any person or circumstance is held 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 ~8~ Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 8 of 41 48-O-23 application of this ordinance is severable. SECTION 8:This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 9:All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10: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: _______________________________ Stephanie Mendoza,City Clerk Approved as to form: ______________________________ Nicholas E. Cummings,Corporation Counsel ~9~ May 22 May 8 Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 9 of 41 May 24 48-O-23 EXHIBIT A LEGAL DESCRIPTION Lot 3 in Foster Field Resubdivision of part of the Northwest ¼ of the Northeast ¼ of Section 13, Township 14 North, Range 13 East of the Third Principal Meridian in Cook County, Illinois, according to the Plat thereof recorded June 13, 1983 as document 26640069. Address:2000 Simpson Street PIN:10-13-201-028-0000 ~10~ Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 10 of 41 48-O-23 EXHIBIT B DEVELOPMENT PLAN ~11~ Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 11 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 12 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 13 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 14 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 15 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 16 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 17 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 18 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 19 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 20 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 21 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 22 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 23 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 24 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 25 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 26 of 41 � �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 27 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 28 of 41 � �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 29 of 41 ��Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 30 of 41 ��Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 31 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 32 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 33 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 34 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 35 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 36 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 37 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 38 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 39 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 40 of 41 �� Doc ID: ca37a437e38f566005fb40813af03350f2b28f31Page 41 of 41