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Home My WebLink About89-O-22 Approving a Major Adjustment Regarding Faade Improvements at 9991015 Howard Previously Authori7/25/22 89-O-22 AN ORDINANCE Approving a Major Adjustment Regarding Façade Improvements at 999-1015 Howard Previously Authorized by Ordinance 8-O-20 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, 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, on January 21, 2020, the City Council enacted Ordinance 8-O- 20, attached hereto as Exhibit 1 and incorporated herein by reference, which granted a Special Use Permit for a Planned Development (the “Planned Development”) at 999- 1015 Howard Street (the “Subject Property”), which is legally described in Exhibit 1; and ~1~ Page 1 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 89-O-22 ~2~ WHEREAS, Ordinance 8-O-20 approved the construction of a 4-story 73,017 square foot addition to the existing CJE Senior Life building, with sixty (60) affordable dwelling units for seniors, and fifty-five (55) parking spaces at the Subject Property (the “Project”), which is detailed at length in Exhibit 1; and WHEREAS, the approved plan included exterior building elevations and construction materials; and WHEREAS, by submitting an application to amend a planned development to the City dated August 9, 2022, the Developer and Applicant, EREG Development, LLC (the “Applicant”) requested a major adjustment to modify the approved buildings elevations as provided for in Ordinance 8-O-20; and WHEREAS, on August 24, 2022, the Land Use Commission, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq), held a meeting as the determining body for the Planned Development Amendment request, in accordance with Section 6-3-9-8 of the Evanston Zoning Code and Ordinance 92-O-21; and WHEREAS, the Land Use Commission recommended City council approval of the application for a major adjustment; and WHEREAS, on September 12, 2022, the Administration and Public Works Committee (“AP&W Committee”) held a meeting, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq), during which it considered the Applicant’s request; and Page 2 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 89-O-22 ~3~ WHEREAS, during said meeting, the AP&W Committee received input from the public, carefully deliberated on the major adjustment, and recommended approval thereof by the City Council; and WHEREAS, at its meetings on September 12 and September 26, 2022, held in compliance with the provisions of the Illinois Open Meetings Act, the City Council considered the AP&W Committee’s recommendation, heard public comment, made findings, and adopted said recommendation; and WHEREAS, it is well-settled law in Illinois 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 hereby found as fact and incorporated herein by reference. SECTION 2: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants an amendment to the Special Use Permit previously authorized by Ordinance 8-O-20 to allow for the modified building elevation of the Planned Development described herein. SECTION 3: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, the Applicant shall, at its cost, record a certified copy of this ordinance, including all exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of Page 3 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 89-O-22 ~4~ such recordation to the City, before the City may issue any permits pursuant to the Planned Development authorized by the terms of this ordinance. SECTION 4: Except as otherwise provided for in this Ordinance 89-O-22, all applicable regulations of the Ordinance 8-O-20, the Zoning Ordinance, and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and/or provisions of any of said documents conflict with any of the terms herein, this Ordinance 89-O-22 shall govern and control. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant and its agents, assigns, and successors in interest” and shall mean EREG Development, LLC, and any and all successors, owners, and operators of the Subject Property. 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: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and provisions of any of said documents conflict with the terms herein, this ordinance shall govern and control. SECTION 8: All ordinances or parts of ordinances that are in conflict with the terms of this ordinance are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity Page 4 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 89-O-22 ~5~ 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 10: The findings and recitals herein are hereby 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:_________________, 2022 Adopted:___________________, 2022 Approved: __________________________, 2022 _______________________________ Daniel Biss, Mayor Attest: _____________________________ Stephanie Mendoza, City Clerk Approved as to form: _______________________________ Nicholas E. Cummings, Corporation Counsel September 12 July 25 Page 5 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 September 14 89-O-22 ~6~ EXHIBIT 1 ORDINANCE 8-O-20 Page 6 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 7 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 8 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 9 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 10 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 11 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 12 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 13 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 14 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 15 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 16 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 17 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 18 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 19 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 20 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 21 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 22 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 23 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 24 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 25 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 26 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 27 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 28 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 29 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 30 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 31 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 32 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97 Page 33 of 33 Doc ID: 101775fe76461ad9bada804fae8578b59fbead97