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HomeMy WebLinkAboutOrdinance 25-O-25 Extending the Time for the Applicant to Obtain a Building Permit to Construct the Efficiency Home Development at 1915-17 Grant Street 3/10/2025 25-O-25 AN ORDINANCE Extending the Time for the Applicant to Obtain a Building Permit to Construct the Efficiency Home Development at 1915-17 Grant Street Previously Authorized by Ordinance 18-O-24 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 March 11, 2024, the City Council enacted Ordinance 18- O-24, attached hereto as Exhibit 1 and incorporated herein by reference, which, pursuant to the provisions of the Zoning Ordinance, granted a Special Use Permit for an Efficiency Home Development (the “Development”) with related zoning relief in the R3 Page 1 of 36 25-O-25 Two-Family Residential District at 1915-17 Grant Street (the “Subject Property”), which is legally described in Exhibit 1; and WHEREAS, on February 28, 2025, the Applicant, David Wallach of Blue Paint Development, requested an amendment to the Special Use in order to extend the timeframe for the Applicant to obtain a building permit to construct the Development (the “Amendment”) due to tightening of the capital markets and mortgage environments causing the property owner and developer to be impeded in commencing construction and moving the project forward; and WHEREAS, City Code Section 6-3-5-15(A) provides for a time period for construction of one (1) year unless the City Council approves for an extended date by which to obtain a building permit in order to allow for a staged development; and WHEREAS, in order to commence construction of the Development, the Applicant requests an amendment to the Special Use to provide for an additional six (6) months to obtain a building permit to commence construction of the Development, revising the date to obtain a building permit to be September 11, 2025 (the “Extension Request”); and WHEREAS, on March 10, 2025, the Planning and Development Committee (“P&D Committee) held a meeting, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq), during which it retained jurisdiction over the Extension Request; and WHEREAS, during said meeting held in compliance with the provisions of the Illinois Open Meetings Act, the P&D Committee received input from the public, made findings, considered this Ordinance 25-O-25 and the Extension Request and the Page 2 of 36 25-O-25 Applicant was given notice of the meeting, and the P&D Committee recommended denial of the Extension Request; and WHEREAS, the interpretation of Section 5 of Ordinance 18-O-24 determined the publication date of that ordinance, April 18, 2024, to be the effective date of said ordinance, thus making the actual deadline to obtain a building permit April 18, 2025 and making a six (6) month extension of said deadline be October 18, 2025; and WHEREAS, on March 31, 2025, the P&D Committee held a meeting, in compliance with the provisions of the Illinois Open Meetings Act, during which it retained jurisdiction over the Extension Request; and WHEREAS, at its meetings on March 31, 2025 and April 14, 2025, held in compliance with the Open Meetings Act, the City Council considered the P&D Committee’s deliberations and recommendations, heard public comment, made findings and considered this Ordinance 25-O-25 and the Extension Request, 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 and Section 6-3-5-15(A) of the Zoning ordinance, the City Council hereby grants an amendment to the Planned Development Special Use Permit previously authorized by Ordinance 18-O-24 to allow for a six (6) month time extension for the Applicant to obtain Page 3 of 36 25-O-25 a building permit for the limited purpose of construction of the Efficiency Home Development located at 1915-17 Grant Street. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the Special Use Permit granted for the Efficiency Home Development, 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: (a) Compliance with Applicable Requirements: The Applicant shall develop and operate the Efficiency Home Development authorized by the terms of this ordinance in substantial compliance with the followin g: the terms of this Ordinance 25-O-25; terms of Ordinance 18-O-24; all applicable City Code requirements; the Applicant’s testimony and representations to the City Council; and the approved documents on file in this case. (b) Construction of the Special Use: The Applicant must obtain a building permit for the Special Use on the Subject Property within six (6) months (October 18, 2025). The construction shall be in compliance with all applicable City Code restrictions, including but not limited to, the construction must be completed within a period of twenty-four (24) months after issuance of the building permit. (c) Site Conditions: The applicant shall improve the site conditions by removing overgrown landscaping and shrubs within thirty (30) days of approval of this ordinance. (d) Changes in Property Use: Any change as to the property’s use in the future must be processed and approved as an additional amendment to the Planned Development. (e) Recordation: 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 such recordation to the City, before the City may issue any permits pursuant to t he Planned Development authorized by the terms of this ordinance. Page 4 of 36 25-O-25 SECTION 4: Except as otherwise provided for in this Ordinance 25-O-25, all applicable regulations of the Ordinance 18-O-24, 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 ter ms herein, this Ordinance 25-O-25 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 include 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 shall not affect other provisions or applications of this ordinance that can be given effect Page 5 of 36 25-O-25 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:_________________, 2025 Adopted:___________________, 2025 Approved: __________________________, 2025 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: _______________________________ Alexandra B. Ruggie, Corporation Counsel Page 6 of 36 25-O-25 EXHIBIT 1 ORDINANCE 18-O-24 Page 7 of 36 February 28, 2025 Meagan Jones Neighborhood and Land Use Planner Community Development/Planning & Zoning Division City of Evanston 2100 Ridge Ave., Evanston, IL 60201 RE: 1916-17 Grant Street Special Use Extension Requestion Dear Ms. Jones: We are excited to report that we are prepared to break ground and begin construction on the 12 Single Family (Efficiency) Home Development approved by the City last year. Through no fault of our own, the capital markets and mortgage environment tightened considerably at the time of the approval, impeding our start date (and many other developers in the market. All of our financing is secured and we intend to file for our permits in a few weeks, and hope to be in the ground with the demo of the existing building also in the next several weeks. We are requesting an extension of time necessary for the City to review our plans and issue our permits. I am requesting a 6 month extension, although that time can and should be considerably shortened based upon the City’s review of our plans. We are also excited to report that our project at 2633 Crawford Avenue is almost under roof and looking great, with the insulated wall panels having been mostly produced at Wally Walls’ factory in Gurnee, IL. If you have any questions, please do not hesitate to contact me at (312) 617-9018. Most sincerely, David Wallach Page 8 of 36 01/22/2024 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 9 of 36 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 Page 10 of 36 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 Page 11 of 36 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 discus sion; 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 with 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. Page 12 of 36 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. Prior to issuance of the building permit(s), the Applicant shall obtain a completion bond that lists the City as an obligee to ensure the implementation of the proposed development plan. The bond shall be held with the City until the Final Certificate of Occupancy is issued. 5. The affordable unit inluded in the efficiency home development at 1915-17 Grant Street shall be placed in a land trust managed by the Community Partners for Affordable Housing, ensuring its affordability is preserved in perpetuity. 6. The Applicant shall substantially comply with the documents and testimony given by the Applicant on the Record. 7. 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.” Page 13 of 36 18-O-24 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. 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 Page 14 of 36 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. Page 15 of 36 18-O-24 EXHIBIT B DEVELOPMENT PLANS Page 16 of 36 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 17 of 36 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 18 of 36 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 19 of 36 T.PARAPET 30”x 30”EXTERIOR LOUVERED VENT T.PARAPET REAR ELEVATION (Updated)Page 20 of 36 Page 21 of 36 Page 22 of 36 Page 23 of 36 Page 24 of 36 Page 25 of 36 Page 26 of 36 Page 27 of 36 Page 28 of 36 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. 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