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HomeMy WebLinkAboutOrdinance 53-O-25, a Text Amendment to the Planned Development Threshold (1) 08/25/2025 53-O-25 AN ORDINANCE Amending Title 6 of the City Code Sections 6-8-1-10(D), 6-9-1-9(D), 6-10- 1-9(D), 6-11-1-10(D), 6-12-1-7(D), 6-13-1-10(D), and 6-15-1-9(D), Mandatory Planned Development Minimum Thresholds 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 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 1 of 13 WHEREAS, the Evanston Land Use Commission (“LUC”), in its capacity as a recommending body to the Evanston City Council on policy and amendments to the Zoning Ordinance as they relate to the present and future development or redevelopment of land as identified in the Comprehensive General Plan, pursuant to Section 2 -19-4 of the Evanston City Code of 2012, finds the below changes to the Zoning Ordinance necessary to further the goals and objectives of the Comprehensive Plan; and WHEREAS, the LUC has adopted Rules of Procedure in which they may request Community Development Department staff to assist in carrying out their duties as outlined in Section 2-19-4 of the Evanston City Code of 2012, and staff prepared draft Code Amendments for the consideration of the LUC to this effect; and WHEREAS, following due and proper publication of notice in the Chicago Tribune on June 19, 2025, the Evanston Land Use Commission (“LUC”) conducted a public hearing on July 9, 2025, regarding case no. 25PLND-0029 to consider the proposed Code Amendments at which evidence, testimony, and exhibits in support of the Code Amendments were presented, and at which interested parties were provided the opportunity to provide public comment; and WHEREAS, after having considered the evidence presented, including the exhibits and materials submitted, and public testimony provided, the LUC found that: A. The proposed Code Amendments are consistent with the goals, objectives, and policies of the Comprehensive General Plan, as adopted and amended from time to time by the City Council. The amendments support the Comprehensive General Plan’s housing objectives. It also supports the City Council’s goal of increasing access to affordable housing and removing 2 of 13 barriers to compliance with the Inclusionary Housing Ordinance. This ensures alignment with policies that encourage a diverse housing stock and equitable development. B. The proposed Code Amendments are compatible with the overall character of the existing development in the immediate vicinity of the subject property. The proposed amendment does not alter the overall scale or intensity of development permitted under current zoning. It simply clarifies that affordable units mandated by ordinance do not push a project into a more burdensome review process. C. The proposed Code Amendments will not have an adverse effect on the value of adjacent properties. The amendments do not permit additional dwelling units beyond what is already allowed under current zoning. Therefore, no adverse impacts on adjacent property values are anticipated. D. The proposed Code Amendments do not impact the adequacy of public facilities and services. Developments subject to the Inclusionary Housing Ordinance andinfrastructureofadequacyevaluatedalready are for services during the permit review process. Exempting IHO units from the Planned Development threshold does not alter the requirement for pro jects to meet applicable codes and service standards. WHEREAS findings theherein, forthset its LUCmakingafter , as recommended approval of the proposed Code Amendments pursuant to Sections 6 -3-4- 5 and 6-3-4-6 of the City Code; and WHEREAS, on August 25, 2025, the Planning and Development (P&D) 3 of 13 Committee held a meeting in compliance with the Illinois Open Meetings Act, received input from the public, carefully considered the findings and recommendation and recommended approval of the proposed Code Amendments; and WHEREAS, at its meeting on August 25, 2025, held in compliance with the Open Meetings Act, the City Council considered the aforementioned findings of fact related to the proposed Code Amendments, as recommended by the LUC and the P & D Committee; and WHEREAS, the City Council finds that it is in the best interest of the City of Evanston to codify these changes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Council has considered the findings and recommendations of the LUC and the P & D Committee with regard to the proposed Code Amendments as outlined herein and the foregoing recitals are hereby found and adopted as fact with regard to the proposed Code Amendments. SECTION 2: Based upon the findings of fact and recommendations of the LUC and the P & D Committee, as adopted herein, Sections 6-8-1-10(D), 6-9-1-9(D), 6- 10-1-9(D), 6-11-1-10(D), 6-12-1-7(D), 6-13-1-10(D), and 6-15-1-9(D), Mandatory Planned Development Minimum Thresholds, are hereby amended as outlined in Exhibit A. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall 4 of 13 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 7: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. 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: _________________, 2025 Adopted: ___________________, 2025 Approved: __________________________, 2025 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Alexandra Ruggie, Corporation Counsel 5 of 13 August 25 August 25 EXHIBIT A 6 of 13 6-8-1-10. PLANNED DEVELOPMENTS. (D) Mandatory Planned Development Minimum Thresholds: Any development the land use of which is listed among the permitted uses or special uses for the individual zoning district in which the subject property is located meeting any one (1) of the following characteristics may only be authorized as a planned development in accordance with Section 6-3-6 of this Title. For purposes of this Subsection, "new construction" is defined as construction that results in the zoning lot being improved with substantially new structures, and/or construction conforming to the definition of a "substantial rehabilitation and substantial additions" in Section 6-18-3 of this Title. 1. The area of the zoning lot to be improved with new construction is in excess of thirty thousand (30,000) square feet. 2. The development provides for the construction of more than twenty -four (24) new residential units. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty - four (24) dwelling unit threshold when determining whether a planned development is required. 3. The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any commercial, business, retail or office uses. 4. The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any residential, commercial, business, retail, or office uses. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty-four (24) dwelling unit threshold when determining whether a planned development is required. 5. The development plan for which application for a building permit is made provides for the new construction of more than twenty thousand (20,000) square feet of gross floor area under one (1) roof for any commercial, business, retail or office use. For purposes of this Subsection, gross floor area excludes the area of any floors or portion of floors the volume of which is below the established grade but shall include all accessory areas, areas devoted to parking or loading, elevator shafts, stairwells, space used solely for heating, cooling, mechanical, electrical and mechanical penthouses, refuse rooms and uses accessory to the building, notwithstanding floor areas excluded from the calculation of gross floor area by Section 6-18-3 of this Title. 6-9-1-9. PLANNED DEVELOPMENTS. (D) Mandatory Planned Development Minimum Thresholds: Any development the land use of which is listed among the permitted uses or special uses for the zoning district in which the subject property is located meeting any one (1) of the following characteristics may only be authorized as a planned development 7 of 13 in accordance with Section 6-3-6 of this Title. For purposes of this Subsection, "new construction" is defined as construction that results in the zoning lot being improved with substantially new structures, and/or construction conforming to the definition of a "substantial rehabilitation and substantial additions" in Section 6-18-3 of this Title. 1. The area of the zoning lot to be improved with new construction is in excess of thirty thousand (30,000) square feet. 2. The development provides for the construction of more than twenty -four (24) new residential units. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty - four (24) dwelling unit threshold when determining whether a planned development is required. 3. The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any commercial, business, retail or office uses. 4. The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any residential, commercial, business, retail, or office uses. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty-four (24) dwelling unit threshold when determining whether a planned development is required. 5. The development plan for which application for a building permit is made provides for the new construction of more than twenty thousand (20,000) square feet of gross floor area under one (1) roof for any commercial, business, retail or office use. For purposes of this Subsection, gross floor area excludes the area of any floors or portion of floors the volume of which is below the established grade but shall include all accessory areas, areas devoted to parking or loading, elevator shafts, stairwells, space used solely for heating, cooling, mechanical, electrical and mechanical penthouses, refuse rooms and uses accessory to the building, notwithstanding floor areas excluded from the calculation of gross floor area by Section 6-18-3 of this Title. 6-10-1-9. PLANNED DEVELOPMENTS. (D) Mandatory Planned Development Minimum Thresholds: Any development the land use of which is listed among the permitted uses or special uses for the zoning district in which the subject property is located meeting any one (1) of the following characteristics may only be authorized as a planned development in accordance with Section 6-3-6 of this Title. For purposes of this Subsection, "new construction" is defined as construction that results in the zoning lot being improved with substantially new structures, and/or construction conforming to the definition of a "substantial rehabilitation and substantial additions" in Section 6-18-3 of this Title. 8 of 13 1. The area of the zoning lot to be improved with new construction is in excess of thirty thousand (30,000) square feet. 2. The development provides for the construction of more than twenty -four (24) new residential units. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty - four (24) dwelling unit threshold when determining whether a planned development is required. 3. The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any commercial, business, retail or office uses. 4. The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any residential, commercial, business, retail, or office uses. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty-four (24) dwelling unit threshold when determining whether a planned development is required. 5. The development plan for which application for a building permit is made provides for the new construction of more than twenty thousand (20,000) square feet of gross floor area under one (1) roof for any commercial, business, retail or office use. For purposes of this Subsection, gross floor area excludes the area of any floors or portion of floors the volume of which is below the established grade but shall include all accessory areas, areas devoted to parking or loading, elevator shafts, stairwells, space used solely for heating, cooling, mechanical, electrical and mechanical penthouses, refuse rooms and uses accessory to the building, notwithstanding floor areas excluded from the calculation of gross floor area by Section 6-18-3 of this Title. 6-11-1-10. PLANNED DEVELOPMENTS. (D) Mandatory Planned Development Minimum Thresholds: Any development the land use of which is listed among the permitted uses or special uses for the zoning district in which the subject property is located meeting any one (1) of the following characteristics may only be authorized as a planned development in accordance with Section 6-3-6 of this Title. For purposes of this Subsection, "new construction" is defined as construction that results in the zoning lot being improved with substantially new structures, and/or construction conforming to the definition of a "substantial rehabilitation and substantial additions" in Section 6-18-3 of this Title. 1. The area of the zoning lot to be improved with new construction is in excess of thirty thousand (30,000) square feet. 2. The development provides for the construction of more than twenty -four (24) new residential units. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty - 9 of 13 four (24) dwelling unit threshold when determining whether a planned development is required. 3. The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any commercial, business, retail or office uses. 4. The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any residential, commercial, business, retail, or office uses. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty-four (24) dwelling unit threshold when determining whether a planned development is required. 5. The development plan for which application for a building permit is made provides for the new construction of more than twenty thousand (20,000) square feet of gross floor area under one (1) roof for any commercial, business, retail or office use. For purposes of this Subsection, gross floor area excludes the area of any floors or portion of floors the volume of which is below the established grade but shall include all accessory areas, areas devoted to parking or loading, elevator shafts, stairwells, space used solely for heating, cooling, mechanical, electrical and mechanical penthouses, refuse rooms and uses accessory to the building, notwithstanding floor areas excluded from the calculation of gross floor area by Section 6-18-3 of this Title. 6-12-1-7. PLANNED DEVELOPMENTS. (D) Mandatory Planned Development Minimum Thresholds: Any development the land use of which is listed among the permitted uses or special uses for the zoning district in which the subject property is located meeting any one (1) of the following characteristics may only be authorized as a planned development in accordance with Section 6-3-6 of this Title. For purposes of this Subsection, "new construction" is defined as construction that results in the zoning lot being improved with substantially new structures, and/or construction conforming to the definition of a "substantial rehabilitation and substantial additions" in Section 6-18-3 of this Title. 1. The area of the zoning lot to be improved with new construction is in excess of thirty thousand (30,000) square feet. 2. The development provides for the construction of more than twenty -four (24) new residential units. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty - four (24) dwelling unit threshold when determining whether a planned development is required. 3. The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any commercial, business, retail or office uses. 10 of 13 4. The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any residential, commercial, business, retail, or office uses. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty-four (24) dwelling unit threshold when determining whether a planned development is required. 5. The development plan for which application for a building permit is made provides for the new construction of more than twenty thousand (20,000) square feet of gross floor area under one (1) roof for any commercial, business, retail or office use. For purposes of this Subsection, gross floor area excludes the area of any floors or portion of floors the volume of which is below the established grade but shall include all accessory areas, areas devoted to parking or loading, elevator shafts, stairwells, space used solely for heating, cooling, mechanical, electrical and mechanical penthouses, refuse rooms and uses accessory to the building, notwithstanding floor areas excluded from the calculation of gross floor area by Section 6-18-3 of this Title. 6-13-1-10. PLANNED DEVELOPMENTS. (D) Mandatory Planned Development Minimum Thresholds: Any proposed development the land use of which is listed among the permitted uses or special uses for the individual zoning district in which the subject property is located meeting any one (1) of the following characteristics may only be authorized as a planned development in accordance with Section 6-3-6 of this Title. For purposes of this Subsection, "new construction" is defined as construction that results in the zoning lot being improved with substantially new structures, and/or construction conforming to the definition of a "substantial rehabilitation and substantial additions" in Section 6-18-3 of this Title. 1. The area of the zoning lot to be improved with new construction is in excess of thirty thousand (30,000) square feet. 2. The development provides for the construction of more than twenty -four (24) new residential units. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty - four (24) dwelling unit threshold when determining whether a planned development is required. 3. The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any commercial, business, retail or office uses. 4. The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any residential, commercial, business, retail, or office uses. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty-four (24) dwelling unit threshold when determining whether a planned development is required. 11 of 13 5. The development plan for which application for a building permit is made provides for the new construction of more than twenty thousand (20,000) square feet of gross floor area under one (1) roof for any commercial, business, retail or office use. For purposes of this Subsection, gross floor area excludes the area of any floors or portion of floors the volume of which is below the established grade but shall include all accessory areas, areas devoted to parking or loading, elevator shafts, stairwells, space used solely for heating, cooling, mechanical, electrical and mechanical penthouses, refuse rooms and uses accessory to the building, notwithstanding floor areas excluded from the calculation of gross floor area by Section 6-18-3 of this Title. 12 of 13 6-15-1-9. PLANNED DEVELOPMENTS. (D) Mandatory Planned Development Minimum Thresholds: Any development the land use of which is listed among the permitted uses or special uses for the individual zoning district in which the subject property is located, except for the OS, U3, the properties in the T1 and T2 zoning districts listed in Table 15-B of this Subsection, meeting any one (1) of the following characteristics may only be authorized as a planned development in accordance with Section 6-3-6 of this Title. For purposes of this Subsection, "new construction" is defined as construction that results in the zoning lot being improved with substantially new structures, and/or construction conforming to the definition of a "substantial rehabilitation and substantial additions" in Section 6-18-3 of this Title. 1. The area of the zoning lot to be improved with new construction is in excess of thirty thousand (30,000) square feet. 2. The development provides for the construction of more than twenty -four (24) new residential units. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty - four (24) dwelling unit threshold when determining whether a planned development is required. 3. The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type or in any combination of any commercial, business, retail or office uses. 4. The development plan for which application for a building permit is made contains more than twenty-four (24) units of any one (1) type of or in any combination of any residential, commercial, business, retail, or office uses. The required inclusionary housing dwelling units and associated bonus dwelling units are not counted towards the twenty-four (24) dwelling unit threshold when determining whether a planned development is required. 5. The development plan for which application for a building permit is made provides for the new construction of more than twenty thousand (20,000) square feet of gross floor area under one (1) roof for any commercial, business, retail or office use. For purposes of this Subsection, gross floor area excludes the area of any floors or portion of floors the volume of which is below the established grade but shall include all accessory areas, areas devoted to parking or loading, elevator shafts, stairwells, space used solely for heating, cooling, mechanical, electrical and mechanical penthouses, refuse rooms and uses accessory to the building, notwithstanding floor areas excluded from the calculation of gross floor area by Section 6-18-3 of this Title. 13 of 13