Loading...
HomeMy WebLinkAboutORDINANCES-1973-031-O-73�- • As Adopted'5-21-73 31-0-73 0 AN ORDINANCE Amending Section XII.G of the Evanston Zoning Ordinance, Adopted November 21, 1960, to be Known and Cited by the Short Title of "The Planned Development Regulations1° and Amending the Lettering of Existing Section XII, Para- graphs G., H. and I. WHEREAS, the Zoning Amendment Committee conducted a public 3 s,,2 hearing on May 20, 1971, to consider certain amendments to regula- tions imposed under the Evanston Zoning Ordinance, and the notice of said hearing was published in the manner required by law; and WHEREAS, the Zoning Amendment Committee has submitted its report recommending amendments to the Zoning Ordinance, accompanied by findings of fact and specifying the reasons for the recommenda- tions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section XII.G. of the Zoning Ordinance, adopted November 21, 1960, be &-needed to read as follows: G. PLANNED DEVELOPMENTS 1. Intent and Purpose 1 It is hereby recognized that planned unit develop- ments may afford the opportunity to achieve more desirable land use than would otherwise result from the application of the basic provisions of the Zoning Ordinance. • rI • CJ These regulations developments in those clearly appears. Such not limited to: -2- are intended to encourage such 363 instances where benefit to the City benefit- may consist of, but is a. Preservation and enhancement of desirable site characteristics and open space. b. Use of design?, common plazas, arcades and other structural or landscape architectural features which create a pleasing environment. c. Provision of a variety of housing, including units for low and moderate income families and the elderly, in accordance with the City's housing goals. d. Inclusion of special features such as recreation or child care facilities in residential developments. e. Elimination of blighted structures or incompatible uses through redevelopment or rehabilitation. f. Commercial development to enhance the local economy and strengthen the tax base. It is the purpose of this Section to enable the granting of certain allowances or modifications from the provisions of the Zoning Ordinance to secure attractive and timely development in furtherance of the City's objectives as de- fined from time to time in the Comprehensive Plan and the policy resolutions of the City Council. 2. General Provisions A planned development may be established for any parcel or tract of land under single ownership or control that has a minimum size of 8,000 square feet, and dimen- sions to be planned and developed or redeveloped as a unit in a manner consistent with the intent and purpose for which planned development is permitted. Planned developments may be allowed, subject to the requirements of this ordinance, within the following Zoning Districts: R5, R5A, R6, R7, U2, U3, U4, B2, B3, B4, B5, C3, M1 and M2, except: that planned developments in U2 and U3 Zones shall be limited to educational uses. • -3- • • Development within a planned dcveLopment 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 justification for approval upon an already existing planned development. Each plain -led develop- ment should be presented and judged on its own merits, 3. Standards 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, the Flan Commission and the action of the City Council in order to allow such development in a manner which is in harmony with the general purposes and intent of the com- prehensive zoning ordinance. The reviewing bodies shall apply the standards • governing special uses generally, as stated in Section XII.F. of the Zoning Ordinance. Exceptions may be granted from the regulations of the underlying zoning district or districts only for the purpose of advancing adopted municipal goals and policies. a. Required Findings The reviewing bodies shall not recommend approval of, nor shall the City Council adopt, a planned development unless they sha11 make each of the findings hereinafter provided: (1) That each of the proposed uses is a permitted use or allowed special use in the zoning district in which a substantial part of said planned development is located. (2) That the proposed Planned Development is compatible with 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 exer- cise any influence contrary to the purpose and intent of the Zoning Ordinance as specifically set forth in Section II of the Evanston Zoning Ordinance. is 364 • -4- (3) That the proposed uses and the development plan are compatible with and implement the planning goals and 365 objectives of the City, as contained in the Comprehensive General Plan and other pertinent policy resolutions particularly in terms of: (a) land use policy; (b) land use intensity; (c) housing goals; (d) population policies; (e) traffic impact and parking; (f) impact on schools, public services and facilities; (g) essential character of the neighborhood; (h) any neighborhood planning goals consistent with the planning goals and objectives of the City; and (i) conservation of the taxable value of land and buildings throughout the City of Evanston, and retention of taxable land on the tax rolls. . (4) That the proposed planned development can be com- pleted within two years of granting the permit. Provided, however, that if extensive.or staged development is planned which needs more time, a. reasonable time schedule shall be established as part of the plan. The applicant must appear capable of completing the development within the established time. (5) That the streets proposed are suitable and adequate to carry anticipated traffic and will not overload the streets adjacent to the development. (6) That the existing or proposed utility services are adequate for the proposed planned development. (7) That the applicant shall demonstrate adequate financial resources to assure completion of the planned development. b.. Site Development Allowances The reviewing bodies shall not recommend approval of, ncr shall the City Council grant, allowances for a planned development except as hereinafter provided. (1) The overall floor area ratio of a planned develop- ment may exceed the maximum floor area ratio otherwise permitted in the zoning district: • • • -5- • (a) if the floor area increase is granted as an incentive for providing additional open space; or (b) if the floor area increase is granted as an incentive for the inclusion of physical facil- ities which shall have been specifically determined to constitute a benefit to the community. (2) The maximum height permitted in the zoning districts may be increased in connection with a planned development by not more than 30%, provided, that where height limits are expressed in number of stories, more than half a story shall qualify for a one story allowance if: (a) the height increase is directly related to increases in open space; or (b) the height increase is directly related to increases granted in the floor area ratio, and is thereby necessary to accommodate the development without infringing on open space. • (3) Open space, as used in the subsection G, shall mean a yard, plaza or other area, suitably landscaped but otherwise unoccupied mid unobstructed from grade level to the sky, and not used for business, commercial or resi- dential purposes or for parking, loading or vehicular access. Such open space must be of benefit to the general public. However, an area which exceeds grade level or is partially used, occupied or obstructed may be considered to be open space to a partial or qualified degree, taking fully into account the extent to which said obstructions diminish the open space characteristics set forth above. (4) The location and placement of building may vary from the underlying regulations, provided that the resulting "Lot Coverage -Building" and the "Lot Coverage -Gross" shall in no case be more than the limit set, either specifically or by the combined affect of the yard, lot coverage and floor area ratio requirements of the underlying zoning district(s), unless specifically altered or varied as otherwise provided for in these planned development regulations. (5) Increases in dwelling unit density as an incentive for providing the benefits of a planned development may be granted, subject to the limitations established below. ,1se On property abutting or across a street or alley from property zoned R1,.R2, and R3, dwelling unit increases shall not exceed the percentage shown in the column below for the applicable zoning district. District: R5 R5A k?6 R7 U2&3 U4 B2 B3,4,&5 22.5 15 11 0 10 0 10 7.5 At all other locations, no dwelling unit density allowance may result in a density greater than 25%; provided, however, that no density allowances shall be permitted in U4, and that no limit on density allowances shall apply in B3, B4, or B5 Business Districts. (6) Any other provisions of the zoning ordinance may be altered if the standards contained herein are met. 4. Application, Review and Hearing a. Applications for planned development permits shall be filed with the Secretary of the Zoning Board of Appeals and processed in the manner prescribed in this Section XII, and shall be in such form and accompanied by such informa- tion as shall be established from time to time by the Board. b. Every application for a planned development shall be accompanied by ten (10) sets of plans and a plat of subdivision or consolidation, where required. c. Said development plan shall set forth at least the following: 1) The location, dimensions and total area of the site. 2) The location, dimensions, floor area, type of construction and use of each proposed building or structure. 3) The number, the size and the type of dwelling units in each building and the overall dwelling unit density. 4) The proposed treatment of open spaces and the exterior surfaces of all structures. 5) Means of ingress and egress; the number, loca- tion, and dimensions of parking spaces and loading docks. • -7- • 6) The proposed traffic circulation pattern within the area of the development, together with the 368 location and description of public improvements to be installed. 7) The location and purpose of any proposed dedi- cation or easement. g) The general drainage plan for the developed tract. 9) The location, dimensions and uses of (1) adjacent properties, (2) abutting public rights -of -way and easements, and (3) utilities serving the site. 10) Preliminary sketches of proposed structure(s) and landscaping. 11) Significant topographical or physical features of the tract. 12) A plat of subdivision showing that the planned developemnt consists of and is conterminous with a single lot described in a recorded plat of subdivision, or a proposed resubdivision or con- solidation to create such a single lot in suit- able form ready for review and approval by the City Council. d. The application shall contain the following informs- tion 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. 1) Legal description of the tract of land. 2) Evidence that the applicant has sufficient control over the tract to effectuate the proposed plan, including a statement of all the ownership and beneficial interest in the tract of land and the proposed development. 3) Evidence of the financial capability of the applicant to complete the proposed development. 4) When the proposed development includes pro- visions for common open space or recreational facilities, a statement describing the pro- vision that is to be made for the care and maintenance of such open space or recreational facilities. If it is proposed that such open space be owned and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity shall be submitted. n U • 5) Copies of any restrictive covenants that are to be recorded with respect to property in- cluded in the proposed development. 6) When the development is to be constructed in stages or units, a schedule for the develop- ment of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit. No such stage or unit shall have a residential density that exceeds by more than 25% the proposed residential density of the entire development. When a development provides for common open space, the total area of common open space provided at any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire development as the stages or units completed or under de- velopment bear to the entire development. 7) A statement showing the relationship of the proposed development to the comprehensive plan and future land use plans. g) A statement as to why 'he proposed development will not cause substantial injury to the value of other property in the neighborhood. 9) A statement as to how the proposed development is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the underlying zoning district regulations. e. Immediately following receipt of an application, one set of plans shall be transmitted to the Plan Commission for its review and comment on whether the proposed development complies with all standards and provisions of'this ordinance. Such review and comment shall be presented at the public hearing on the proposed planned development. f. Every application for a planned development shall be reviewed by the Director of Inspections and Permits and the Planning Director who shall present their report on the planned development at the public hearing. • -9- 0 • 5. Additional Requirements and Restrictions 370 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 protection of the public interest, including dates for initiation and completion of the development. b. The City Council may further require, by appropriate covenants or other restrictions running with the land, the provision 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 adequate 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, and requires an affirmative vote of two-thirds (2/3) of all the elected aldermen. 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.iaith a single lot described in a recorded plat of subdivision, provided that a plat of resubdivision or consolidation 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 de- scription of the property subject to such planned develop- ment and said ordinance shall be recorded in the office of the Recorder of Deeds of Cook County before any permits may be obtained. d. No planned development permit shall be valid for a period longer than one year unless a building permit is issued and construction actually began within that period and is diligently pursued to completion; provided, however, that said one year period may be extended by the City Council for such time as it shall determine, for good cause shown, without further hearing before the Board. e. No alteration or amendment shall be made in the construction, development or use without a new application under the provision of this ordinance; provided, however, that minor alterations may be made subject to written approval of the Director of Inspections and Permits with • copies of such approval submitted to the Planning and 1 • • E -10- 0 • Development Committee; and provided further that the date for completion may be extended by the City Council for good cause. SECTION 2: That presently existing Section XII.P.5., 1°Planned Developments" shall be deleted. SECTION 3: That presently existing Section XII.G., "Amendments" shall be relettered Section XII.H. "Amendments"; that presently existing Section XII.H. "Pees" shall be relettered Section XII.I. "Pees", and that presently existing Section XII.I. "Penalties" shall be relettered Section XII.J. t°Penalties18. SECTION 4: That all ordinances or'parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 5: That the provisions of this ordinance are severable and the invalidity of any section hereof or of any portion of any section hereof shall not affect any other section or portion of this ordinance. SECTION 6: That this ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced: April 9, 1973 Adopted: May 21, 1973 Approved Mav 21 , 1973 Isl Edizar VanneW". Jr. Mayor /s/ Maurice F. Biown City Clerk Approved as to form: /s/ .hack M. $ieg Corporation Counsel ATTEST: 3ij