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HomeMy WebLinkAbout45-O-25 Approving a Minor Adjustment to the Planned Development at 1621-1631 Chicago Avenue Page 1-5-1756860475449 6/23/25 45-O-25 AN ORDINANCE Approving a M inor Adjustment to the Planned Development at 1621- 1631 Chicago Avenue Previously Authorized by Ordinance 95-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 November 25, 2024, the City Council enacted Ordinance 95- O-24, attached hereto as Exhibit 1 and incorporated herein by reference, which granted a Special Use Permit for a Planned Development (the “Planned Development”) at 1621- 1631 Chicago Avenue (the “Subject Property”), which is legally described in Exhibit 1; and Page 1 of 91 45-O-25 WHEREAS, Ordinance 95-O-24 approved the construction of a 12-story, mixed-use residential planned development with 10,832 square feet of ground floor and basement commercial space, 110 dwelling units and 48 parking spaces within a 2 -level parking garage located at the Subject Property (the “Project”), which is detailed at length in Exhibit 1; and WHEREAS, by submitting an application to amend a planned development to the City, dated May 7, 2025, the Applicant, Horizon Group XXIII, LLC (the “Applicant”), requested a minor adjustment to modify the previously approved development plans, with such modifications portrayed in Exhibit 2 attached hereto and incorporated therein (the “Modified Development”), as provided for in Ordinance 95-O-24; and WHEREAS, on June 23, 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 considered the Applicant’s request; and WHEREAS, during said meeting, the P&D Committee received input from the public, carefully deliberated on the minor adjustment, and recommended approval thereof by the City Council; and WHEREAS, at its meetings on June 23 and July 7, 2025, held in compliance with the provisions of the Illinois Open Meetings Act, the City Council considered the P&D 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. Page 1 of 91 45-O-25 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 95-O-24 to allow for modifications to the previously approved development plans 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 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 45-O-25, all applicable regulations and conditions of Ordinance 95-O-24 shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same, with the following exceptions: 1.The Development Plans identified in Condition A of Ordinance 95 -O-24 shall be replaced by the plans approved by this Planned Development Minor Adjustment Ordinance 45-O-25. 2.The language of Condition G of Ordinance 95-O-24 shall be replaced with the following: “The Subject Property will provide and maintain a passageway (either open or enclosed) to the abutting property to the Page 3 of 91 45-O-25 through the Subject Property as necessary for the abutting property to the south to comply with any applicable Building Code or Life/Safety requirements.” 3. Condition Q of Ordinance 95-O-24 shall be modified to reset the 24- month timeline from the time this Ordinance 45 -O-25 is adopted. 4. A new condition S to Ordinance 95-O-24 shall be established as follows: Prior to issuance of a Certificate of Occupancy for the Modified Development, the Applicant shall lease a minimum of three (3) parking stalls from the City within one of the City-owned garage facilities at the standard feemonthly theforsupply parkingtotal that so the development shall be forty-four (44) parking spaces. However, if after 3- years of issuance of a Certificate of Occupancy, the City decides not to renew the parking lease(s), or if the Applicant adequately demonstrates to the satisfaction of the City that it is unable to sublease the parking stalls to its residential or commercial tenants due to lack of demand, then this obligation shall be terminated and no longer required. To the extent that the terms and/or provisions of any of said documents conflict with any of the terms herein, this Ordinance 45-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 mean Horizon Group XXIII, 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. Page 4 of 91 45-O-25 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 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 Ruggie, Corporation Counsel Page 5 of 91 June 23 July 14 July 14