Loading...
HomeMy WebLinkAbout18-O-24 Granting a Special Use Permit for an Efficiency Home Development located at 1915-17 Grant Street01/22/2024 18-O-24 AN ORDINANCE Granting a Special Use Permit for an Efficiency Home Development located at 1915-17 Grant Street 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, David Wallach of Blue Paint Development, “the Applicant”, requests approval of a Special Use Permit to construct twelve (12) efficiency homes Page 1 of 28 Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51 18-O-24 with related zoning relief in the R3 Two-Family Residential District, located at the property commonly known as 1915-17 Grant Street, legally descripted and attached by reference herein as Exhibit A, and located in the R3 District; and, WHEREAS, pursuant to Subsection 6-8-4-3, an Efficiency Home requesting zoning relief is an allowed Special Use in the R3 Two-Family Residential District; and WHEREAS, pursuant to Subsection 6-8-1-14, except when authorized as a Special Use, not more than one Efficiency Home is permitted on a zoning lot in all residential districts; and WHEREAS, following due and proper publication of notice in Pioneer North, 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 conducted a public hearing on December 13, 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 Efficiency Homes, filed as zoning case no. 23ZMJV-0046, along with the associated text amendment (23PLND-0060); and WHEREAS, the Land Use Commission 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 one (1) “yay” and four (4) “nays” with four (4) Commissioners absent, recommended against City Council approval with conditions of ~2~ Page 2 of 28 Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51 18-O-24 the application for Special Use Permit for Efficiency Homes with the below findings incorporated into the record: 1. Is one of the listed special uses for the zoning district in which the property lies: Efficiency Homes are not currently a special use within the zoning district and the recommended associated text amendment has been recommended to be changed from a special use to a planned development, so this standard was not met. 2. Complies with the purposes and the policies of the Comprehensive General Plan and the Zoning Ordinance: The current Comprehensive General Plan encourages expanding the type and variety of provided housing, but does not address a pocket neighborhood, so this standard was not met. 3. Does not cause a negative cumulative effect in combination with existing special uses or as a category of land use: Because a special use for a pocket neighborhood under current ordinances was not supported in the associated text amendment, so this standard was not met. 4. Does not interfere with or diminish the value of the property in the Neighborhood: It is difficult to determine without a market study, but the Commission believed that this standard was met. 5. Is adequately served by public facilities and services: The developer would need to address public facilities and services, but the Commission believed that this standard was met. 6. Does not cause undue traffic congestion: With additional on-site parking provided, the Commission believed this standard was met. 7. Preserves significant historical and architectural resources: There are no known such resources, so this standard is met. 8. Preserves significant natural and environmental resources: The Commission noted discussed goals to retain greenspace and lot permeability, so the standard is met. 9. Complies with all other applicable regulations: The recommended text amendment has been changed from a special use to a planned development, so this standard is not met. WHEREAS, on February 12, 2024, 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 considered the findings and recommendation against approval with of the Land use Commission, and recommended approval thereof by the City Council; and ~3~ Page 3 of 28 Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51 18-O-24 WHEREAS, at its meetings on February 12, 2024 and February 26, 2024, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the P&D Committee, received additional public comment, and made certain findings; and WHEREAS, at its February 26, 2024 meeting, the City Council referred this matter back to the P&D Committee for additional discussion; and WHEREAS, on March 11, 2024, the P&D Committee of the City Council held a meeting, in compliance with the provision of the Open Meetings Act and the Zoning Ordinance, again received input from the public, carefully considered the findings and recommendation against approval of the Land use Commission, and recommended approval thereof by the City Council; and WHEREAS, at its March 11, 2024 meeting, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the P&D Committee, received additional public comment, made certain findings, and adopted said recommendation; 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. ~4~ Page 4 of 28 Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51 18-O-24 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. 23ZMJV-0046, to allow the construction of efficiency homes in the R3 Two-Family Residential District. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the aforementioned zoning relief granted hereby, being a Special Use Permit for Efficiency Homes as requested under zoning case no. 23ZMJV-0046, 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 pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: 1. Provide one (1) electric vehicle charging station in addition to the required EV-ready spaces 2. The elimination of curb cuts on Grant Street 3. The Special Use Permit is in general compliance with the application and testimony provided. 4. The Applicant shall substantially comply with the documents and testimony given by the Applicant on the Record. 5. The Applicant must record the Special Use Permit with the Cook County Recorder of Deeds. 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. ~5~ Page 5 of 24 Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51 18-O-24 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. 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. Introduced: _________________, 2024 Adopted: ___________________, 2024 Approved: __________________________, 2024 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Alexandra Ruggie, Interim Corporation Counsel ~6~ Page 6 of 28 Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb5101-22January 01 March 11March 11 18-O-24 EXHIBIT A LEGAL DESCRIPTION LOTS 23 AND 24 IN BLOCK 12 IN NORTH EVANSTON BEING A SUBDIVISION IN SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. ~7~ Page 7 of 28 Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51 18-O-24 EXHIBIT B DEVELOPMENT PLANS ~8~ Page 8 of 28 Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51 ROADASPHALT PARKING AREA ROADCONCRETE WALKWAY GREEN AREA GREEN AREA GREEN AREA GREEN AREA 1234567 14 1312111098 NMaster Plan WITH DIMENSION GREEN AREA SEATING AREA WITH FIRE PIT BBQ WITH SEATTING AREA 7 BBQ COUNTER EVC SPACE FOR WHELLCHAIR 15 SLIDING GATE TRASH BINS 27'-8"24'-0"10'-0"24'-0"10'-0"24'-0"10'-0"24'-0"10'-0"24'-0"10'-0"24'-0"7'-9"59'-6" 27'-0"24'-0"10'-0"24'-0"10'-0"24'-0"10'-0"24'-0"10'-0"24'-0"10'-0"24'-0"37'-10"13'-6" 4'-0"5'-0"28'-0"18'-4"6'-0"10'-1"28'-0"5'-0"5'-0"28'-0"10'-0"6'-0"18'-4"28'-0"5'-0"5'-0"18'-0"24'-0"18'-0"28'-0"2'-5"3'-2"7'-6"28'-0"5'-0"10'-2"4'-0"3'-2"4'-0"5'-1"10'-0" WALKWAY FOR TRUSH AREAPage 9 of 28Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51 ROADASPHALT PARKING AREA ROADCONCRETE WALKWAY GREEN AREA GREEN AREA GREEN AREA GREEN AREA 1234567 14 1312111098 NMaster Plan GREEN AREA SEATING AREA WITH FIRE PIT BBQ WITH SEATTING AREA 7 BBQ COUNTER EVC SPACE FOR WHELLCHAIR 15 SLIDING GATE TRASH BINS WALKWAY FOR TRUSH AREAPage 14 of 41Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51Page 10 of 28 W/D BED-1 11'-4"X 10'-0" BATH 7'-4"X 6'-6" BED-2 (TWIN) 11'-5"X 10'-0" KITCHEN FORMAL LIVING LIVING/DINING/KITCHEN 11'-8"X 21'-4" DBL SINK DW FRANGE PORCH 12'-0"X 6'-0" 24'-0"28'-0"12'-0"12'-0"6'-0"22'-0"WALLY WALL 4" S.I.P WALLY WALL 4" S.I.P WALLY WALL 4" S.I.P WALLY WALL 4" S.I.P WALLY WALL 4" S.I.P FLOOR PLAN WITH DIMENSIONS (600 SFT) HOME AREA- 600 SFT PORC HAREA- 72 SFTPage 11 of 28Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51 T.PARAPET 30”x 30”EXTERIOR LOUVERED VENT T.PARAPET REAR ELEVATION (Updated)Page 12 of 28Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51 Page 13 of 28Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51 Page 14 of 28Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51 Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51Page 15 of 28 Page 20 of 41Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51Page 16 of 28 Page 21 of 41Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51Page 17 of 28 Page 22 of 41Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51Page 18 of 28 Page 23 of 41Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51Page 19 of 28 Page 24 of 41Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51Page 20 of 28 Hardie™ Architectural Collection - Fine Sand Panel Panels | Trim | Siding Hardie™ Architectural CollectionHardie® Artisan Siding - Shiplap Hardie® Architectural Panel - Fine Sand Contemporary Design Solutions for any Style. It’s Possible™ jameshardie.com Page 21 of 28 Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51 2 4 6 8 10 Hardie™ Architectural Collection Hardie® Artisan Siding Hardie® Architectural Panels Hardie™ Architectural Trims Long-Lasting Beauty Hardie™ Architectural Collection Product Catalog Reimagining what’s possible for your home exterior. ENDLESS DESIGN POSSIBILITIES Now, you can modernize your home’s aesthetic in a variety of never-before-seen ways. Our latest, most innovative products go beyond more traditional exterior designs to create new looks to help you make your personalized vision a reality. TABLE OF CONTENTS 32 Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51Page 22 of 28 ENDLESS DESIGN POSSIBILITIES Offering gorgeous, deep shadow lines and extra thick boards, Hardie® Artisan siding will set your home apart. The 5/8-inch thickness and unique features of Hardie® Artisan siding provide precise fit and finish as well as the freedom to miter corners for attractive, streamlined styling. Hardie® Artisan Siding Hardie® Artisan Siding Distinctive design, engineered to last. Lap Siding Thickness 5/8 in Width 7.25 in (6 in exposure) 8.25 in (7 in exposure) Length 12 ft 12 ft Pcs/Pallet 144 125 Prime Coming soon Coming soon Lap Siding TONGUE & GROOVE SYSTEM Hardie® Artisan siding flat wall profiles have a tongue & groove system that helps enable faster, cleaner installation. Orient vertically, horizontally or use as soffit. MITERED CORNERS Add sophistication to your design with mitered corners that can be crafted on-site with any Hardie® Artisan profile. Tongue & Groove System Mitered Corners Hardie™ Architectural Collection Product Catalog Hardie® Artisan Siding V-Groove Shiplap Thickness 5/8 in Width 10.25 in (9 in exposure) Length 12 ft Pcs/Pallet 105 Prime  Shiplap V-Groove Thickness 5/8 in Width 8.25 in (7 in exposure) Length 12 ft Pcs/Pallet 126 Prime  V-Groove Square Channel Thickness 5/8 in Width 10.25 in (9 in exposure) Length 12 ft Pcs/Pallet 105 Prime  Square Channel 54Page 23 of 28Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51 ENDLESS DESIGN POSSIBILITIES Reimagine what’s possible for your home with the Hardie™ Architectural Collection. Offering contemporary design solutions to fit any style, you can elevate your exterior with a gorgeous, fresh perspective. Going beyond wood-look designs, the clean lines of the Hardie® Architectural Panels can help achieve a range of styles from traditional to more modern looks. Orient them horizontally or vertically, or mix them with other Hardie® products, to create a truly unique design that speaks to your aesthetic. Hardie™ Architectural Collection Hardie® Architectural Panel Fine Sand Hardie® Architectural Panels Discover a fresh look that is unmistakably you. Fine Sand Thickness 5/16 in Width 4 ft 4 ft 4 ft Length 8 ft 10 ft 12 ft Pcs/Pallet 50 50 40 Statement Collection™ Dream Collection™ Prime Fine Sand Fine Sand-Grooved Thickness 5/16 in Width 4 ft 4 ft 4 ft Length 8 ft 10 ft 12 ft Pcs/Pallet 50 50 40 Statement Collection™ Dream Collection™ Prime Fine Sand-Grooved Mounded Sand Thickness 5/16 in Width 4 ft 4 ft 4 ft Length 8 ft 10 ft 12 ft Pcs/Pallet 50 50 40 Statement Collection™ Dream Collection™ Prime Mounded Sand Sea Grass Thickness 5/16 in Width 4 ft 4 ft 4 ft Length 8 ft 10 ft 12 ft Pcs/Pallet 50 50 40 Statement Collection™ Dream Collection™ Prime Sea Grass Scan code to view the Look Book. Visit jameshardie.com/hardie-architectural-collection for current availability. Hardie™ Architectural Collection Product Catalog 76Page 24 of 28Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51 ENDLESS DESIGN POSSIBILITIES Hardie® Architectural Panel Fine Sand Hardie™ Architectural Trim New looks with new metal trim options to match. As part of the Hardie™ Architectural Collection, Hardie™ Architectural Trims offer a variety of benefits in helping you achieve a seamless, lasting look for your exterior: • Slim profiles complement panel sizes and deliver clean architectural lines • Multiple aesthetic options that enable endless design possibilities • Delivers long-lasting beauty and stands up to the elements • Integrated solution of panels and metal trims designed for better water management • Easy to cut and install Hardie™ Architectural Trims Clean lines that are sure to make your home shine. Scan code to view the Look Book. Hardie™ Architectural Trims Base trims | Base trim and accessories for a clean and robust ground finish. Base Jointer To be used to connect Base trims. Base Trim Aluminum extrusion to be used as a base edge solution. Base Outside Corner Trim To be used as an outside corner connection for Base trim. Base Outside Inside Trim To be used as an inside corner connection for Base trim. Horizontal Z Flashing Trim Aluminum extrusion to be used along horizontal control joints. Low Profile Horizontal Z Trim Aluminium extrusion to be used along horizontal control joints. Vertical Y Trim Aluminium extrusion to be used along vertical butt joints. For horizontal panel orientations only. Vertical H Trim Aluminum extrusion to be used along vertical butt joints. For horizontal panel orientations only. Joint and end trims | Designed for clean finishes on short and cut ends of panels. 2-piece J Trim Provides a clean finish at openings, edges of panels and at material transitions. Vertical Siding H-Mold Transition Designed to cover vertical joints where you transition from panel siding to lap siding. Low Profile Inside Corner Transition Provides clean vertical and horizontal options for transitions from panel siding to lap siding. Low Profile Outside Corner Transition Very popular face sizes which offer a clean outside corner for transitioning from vertical siding panels to lap siding. J Trim Aluminum extrusion to be used as a trim at abutments (e.g. soffits, masonry, windows, etc.). Transition trims | Helps accentuate transition areas for a more complete and finished look. Corner trims | Slimline corner trims designed to deliver a sleek contemporary look. Low-Profile Inside Corner Trim Aluminum extrusion to be used for inside corners. Inside Corner Trim Aluminum extrusion to be used for inside corners. Low-Profile Outside Corner Trim Aluminum extrusion to be used for outside corners. Low Profile 45˚ Inside Corner Trim Aluminum extrusion to be used for bay windows. Low Profile 45˚ Outside Corner Trim Aluminum extrusion to be used for bay windows. Hardie™ Architectural Collection Product Catalog 98Page 25 of 28Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51 Hardie™ Architectural Collection Product Catalog Endorsements — a reputation built on trust For decades, our fiber cement products have been used to create better places to live. Each new home stands as a testament to our uncompromising quality. That proven track record has earned us the loyalty of millions of homeowners and the endorsements of trusted authorities across the building industry. Warranty — for peace of mind Help protect your home with North America’s #1 brand of siding, backed by exceptional warranties. Unlike other brands, James Hardie doesn’t prorate our siding and trim substrate warranty coverage. We stand 100% behind our siding for 30 years and our trim for 15 years. • Hardie® siding and soffit products come with a 30-year non-prorated limited substrate warranty. • Hardie® trim products come with a 15-year non-prorated limited substrate warranty. • ColorPlus® Technology finishes come with a 15-year prorated limited finish warranty. LONG-LASTING BEAUTY Year 10 100% Year 20 100% Year 30 100% Non-Prorated Siding Substrate Warranty Coverage by James Hardie Featured on Magnolia Network’s Fixer Upper: Welcome Home 2021 Featured on HGTV’s Urban Oasis 2022 Fast Company’s 2022 Innovation by Design Awards “The best home design of 2022” Hardie™ Architectural Collection Fire Resistant A home's exterior is its first line of defense against extreme weather and fire. Prepare your home for the unpredictable with siding that is non-combustible and won't burn. • Listed for use in wildfire-prone Wilderness Urban Interface (WUI) zones in the western US. • Cal-Fire compliant Tougher than the elements. Pests Mother Nature's creatures can wreak havoc on wood-based siding. It can be pecked by birds or damaged by termites or other pests. Save yourself the maintenance hassle —don't let your home fall prey to these critters. Mother Nature Mother Nature: Your siding is exposed to Mother Nature all day, every day. You deserve to feel confident that it can hold its own throughout it all — from the changing seasons to even the most extreme weather. • FEMA Class 5 flood damage resistance (highest rating) • Rated for use in High Velocity Hurricane zones by Miami-Dade County Florida Water-Resistant From rain to ice to snow, Mother Nature's precipitation patterns leave wood exteriors at risk to cracking, swelling and warping. Take shelter from the storm knowing that your exterior is built to withstand water damage and exterior destruction. *Hardie® siding complies with ASTM E136 as a noncombustible cladding and is rec- ognized by fire departments across the U.S. including Marietta, GA, Flagstaff, AZ and Orange County, CA. Fiber cement fire resistance does not extend to applied paints or coatings, which may be damaged or char when exposed to flames.1110Page 26 of 28Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51 © 2023 James Hardie Building Products Inc. All Rights Reserved. TM, SM, and ® denote trademarks or registered trademarks of James Hardie Technology Limited. HS2305 01/23 Hardie® Artisan Siding V-Groove #MyHardieHome | 1.888.542.7343 | jameshardie.com Page 27 of 28 Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51 Page 28 of 28Doc ID: 8fd790260f5cdc39a93ed25c1a06809e3ec2eb51