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HomeMy WebLinkAboutOrdinance 20-O-26, Approving an Amendment to Ordinance 59-O-24 and Major Variations for 1611 Church Street in the R4 General Residential District (1) (1) (1) 03/09/2026 20-O-26 AN ORDINANCE Approving an Amendment to Ordinance 59-O-24 and Major Variations for 1611 Church Street in the R4 General Residential District 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 July 8, 2024, the City Council enacted Ordinance 59-O-24, attached hereto as Exhibit 1 and incorporated herein by reference, which amended the zoning map to rezone 1611 Church Street (the “Subject Property”) from the WE1 West Evanston Transitional District and the oWE West Evanston Overlay District to the R4 General Residential District and granted Major Variations for a seven (7) unit townhome Page 1 of 54 20-O-26 development at the Subject Property (the “Original Development”), which is legally described in Exhibit 1; and WHEREAS, the Original Development was subject to the 2019 Inclusionary Housing Ordinance, and in compliance with the 2019 Inclusionary Housing Ordinance, a $268,964 payment-in-lieu of one onsite inclusionary unit was submitted to the City on March 31, 2025, as part of building permit #24EXTR-0298. WHEREAS, by submitting an application for Major Variations to the City, the Applicant, Tom Gourguechon of CSE1611, LLC, (the “Applicant”), requested approval of a Major Variation to City Code Section 6-4-6-2(D) to allow expansion of an accessory structure in a front yard (garage), including expansion of the building footprint and construction of a 2nd story addition including an Accessory Dwelling Unit (ADU); and WHEREAS, the Applicant additionally requested approval of a Major Variation to City Code Section 6-8-5-7(A)(4) to allow a seven foot, four inch (7'-4") rear yard setback for a second story raised roof building addition to the existing building where a twenty five foot (25') rear yard setback is required; and WHEREAS, the Applicant also requested an amendment to Ordinance 59- O-24 to modify the previously approved development plans, with such modifications portrayed in Exhibit 2 attached hereto and incorporated therein (the “Modified Development”); and WHEREAS, the Modified Development is subject to the 2025 Inclusionary Housing Ordinance, which requires one onsite two-bedroom inclusionary unit or a $733,040 payment to the City in-lieu of constructing one onsite two-bedroom inclusionary unit (the “2025 IHO Obligation”), and; Page 2 of 54 20-O-26 WHEREAS, the Applicant submitted an Inclusionary Housing Ordinance application to request approval of an alternative equivalent means to comply with the 2025 IHO Obligation, which would authorize the previously submitted $268,964 payment to be accepted as meeting the 2025 IHO Obligation (the “Alternative Equivalent Request”); and WHEREAS, the Land Use Commission (“LUC”) met on February 11, 2026, pursuant to proper notice, to consider case no. 25ZMJV-0048, the application filed for an amendment to Ordinance 59-O-24 and Major Variations at the Subject Property (the “Zoning Application”); and WHEREAS, after having considered the evidence presented, including the exhibits and materials submitted, and public testimony provided, the LUC made the following findings per Section 6-3-8-12 of the Zoning Ordinance: 1.The requested variation will not have a substantial adverse impact on the use, enjoyment, or property values of adjoining properties. Given the location of the variations on the Subject Property, the LUC found that this standard was met. 2.The requested variation is in keeping with the intent of the zoning ordinance: The LUC found that the proposed major variations would still allow adequate light and air and safety from fire and other dangers, and therefore, this standard was met. 3.The alleged hardship or practical difficulty is peculiar to the property: The LUC found that the location of the existing building on the Subject Property was peculiar, and therefore, this standard was met. 4.The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out: The LUC found that without these requested Major Variations the project would be in financial peril due to unanticipated on-site issues, rising construction costs, building material tariffs, and a shortage of construction laborers in the area, and therefore, this standard was met. 5.The variation is not based exclusively upon a desire to extract additional income from the property, or while granting of the variation will result in additional income to the applicant and while the applicant for the variation may not have demonstrated that the application is not based exclusively upon a desire to extract additional income from the property, the Land Use Commission has found that public benefits to the surrounding neighborhood and the City as a whole will be derived from approval of the variation, that include, but are not limited to, any of the standards of Section 6-3-6-3 (Public Benefits) of this Chapter: The LUC found that while the variations will result in additional income from the property, Page 3 of 54 20-O-26 that income is needed to keep the project solvent amidst continuously rising construction costs. Additionally, facilitation of an adaptive reuse and the addition of two dwelling units was a public benefit to the City, and therefore, this standard is met. 6. The alleged difficulty or hardship has not been created by any person having an interest in the property: The LUC found that the non-compliant rear yard setback of the existing building was not created by the Applicant, nor was the lack of a sufficiently sized rear yard to accommodate a code -compliant detached accessory structure, and therefore, this standard was met. 7. The requested variation requires the least deviation from the applicable regulation among the feasible options identified before the Land Use Commission issues its decision or recommendation to the City Council regarding said variation: The LUC found that the project was less dense than allowed by the Zoning Ordinance and a compliant development would likely result in a more intense land use, and therefore this standard was met. WHEREAS, the Land Use Commission recommended approval of the Zoning Application with seven (7) “yay” votes cast in favor of approval, with two commissioner absent, of the application for an amendment to Ordinance 59-O-24 and Major Variations at the Subject Property; and WHEREAS, on March 9, 2026, 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 Zoning Application and Alternative Equivalent Request; and WHEREAS, during said meeting, the P&D Committee received input from the public, carefully deliberated, and recommended approval thereof by the City Council; and WHEREAS, at its meetings on March 9 and March 23, 2026, 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 Page 4 of 54 20-O-26 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 Ordinance 59-O-24 and Major Variations to allow the Modified Development described herein, as well as approval of the Alternative Equivalent Request. SECTION 3: Except as otherwise provided for in this Ordinance 20-O-26, all applicable regulations and conditions of Ordinance 59-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. SECTION 4: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance, the City Council imposes the following conditions on the aforementioned Major Variations granted hereby, and violation of any of which shall constitute grounds for penalties and revocation of said Major Variations pursuant to Subsections 6-3-8-14 and 6-3-10-6 of the Zoning Ordinance: 1.As part of a building permit to allow the proposed modifications, a revised landscape plan shall be submitted, which must reflect a minimum of thirty-one (31) trees along the eastern property line between the ADU and Workshop/Art room. Page 5 of 54 20-O-26 2. The Applicant shall work with the City to find a suitable location for the ten (10) exterior bike parking spaces that are not shown on the revised site plan. These ten (10) exterior bike parking spaces shall be shown on the site plans submitted as part of a building permit to allow the proposed modifications. 3. The Applicant shall modify the proposed deck at the northeast corner of the site to be a minimum of four and one-half feet (4.5’) setback from the east property line. 4. The Applicant shall construct the associated improvements to the subject property as described within their application materials, as authorized by the terms of any such approval ordinance in substantial compliance with all applicable City Code requirements and the Applicant's testimony and representations to the Land Use Commission, the P&D Committee, and the City Council. 5. The Applicant shall record any Ordinance authorizing an Amendment to Ordinance 59-O-24 with the Cook County Clerk and provide to the City a copy of the recorded Ordinance prior to permit issuance for the revised development. To the extent that the terms and/or provisions of any of said document s conflict with any of the terms herein, this Ordinance 20-O-26 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 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 and approval 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 6 of 54 20-O-26 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:_________________, 2026 Adopted:___________________, 2026 Approved: __________________________, 2026 _______________________________ Daniel Biss, Mayor Attest: _____________________________ Stephanie Mendoza, City Clerk Approved as to form: _______________________________ Alexandra B. Ruggie, Corporation Counsel March 9 March 23 Page 7 of 54 20-O-26 EXHIBIT 1 ORDINANCE 59-O-24 Page 8 of 54 6/24/2024 59-O-24 AN ORDINANCE Amending the Zoning Map to Rezone 1611 Church Street From WE1 West Evanston Transitional District and the oWE West Evanston Overlay District to the R4 General Residential District and Granting Major Variations 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 ordinances and to promulgate rules and regulations that prote ct the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164); 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 Page 9 of 43 Doc ID: 43ccd98cc38ffd7a5d4d2b63001288b85951d13c Page 9 of 54 59-0-24 WH E REAS , p u rsu a nt to its h o m e ru l e a uth ority a n d th e I l l i no is M u n i ci pa l Cod e , th e C ity h as ad o pted a set of zo n i ng reg u l ati o n s , set fo rth i n Titl e 6 of th e Eva n sto n C ity Cod e of 2 0 1 2 , a s a m e n d ed , (“th e Zon i n g O rd i n a n ce” ) ; a n d W H E REAS , Th o m as G o u rg u ech o n of CS E 1 6 1 1 , L L C (th e “Ap p l ica nt, ” ) , fo r th e p ro pe rty l ocated at 1 6 1 1 C h u rch Street , Eva n sto n , I l l i n o i s (th e “S u bj ect P ro pe rty” ) , l eg a l l y d escri bed i n E xh i b it A, wh i ch i s attach ed h e reto a n d i n co rpo rated h e re i n by refe re n ce , a p p l i ed , p u rs u a nt to th e p rovi s i o n s of th e Zo n i n g O rd i n a n ce , to a m e n d th e Zo n i n g M a p to m ove th e S u bj ect P ro pe rty fro m th e W E 1 West Eva n sto n Ove rlay D i stri ct a n d oW E West Eva n sto n Ove rl ay D istri ct to th e R4 G e n e ra l Res i d e nti a l D istri ct a n d fo r M aj o r Va ri ati o n s fo r a n a d a ptive re u se to co nve rt a n exi sti n g i n d u stri a l/offi ce b u i l d i n g i nto seve n (7 ) dwe l l i n g u n its a n d o n e AD U (th e AD U req u est was s u bseq u e n tl y with d rawn ) a n d fo r ad d ition s/n ew co n stru cti o n fo r a m e n ity s pace a n d p a rki n g l ocated at th e S u bj ect P ro pe rty ; a n d WH E REAS , Ap p l i ca nt h as petiti o n ed th e C ity Co u n ci l of Eva n sto n fo r a p p rova l of th e fo l l owi n g (co l l ective l y, th e “Zo n i n g Ap p rova l : ) : A.An a m e n d m e n t to th e Zon i n g M a p to move th e S u bj ect P rope rty from th e W E 1 West Eva n sto n Ove rl ay D i stri ct a n d oW E West Eva n sto n Ove rlay D i stri ct to th e R4 G e n e ra l Res i d e nti a l D i stri ct . B . T h e fo l l owi n g M ajo r Va riati o n s a s pe rm itted by th e Zo n i ng O rd i n a n ce : a . Va riati o n fo r town h o u se o rie ntatio n th at d oes n ot fa ce a ri g ht of way be ca u se th e exi sti n g wa re h o u se b u i ld i n g ’ s a rch itectu re Page 1 0 of 43 Doc I D : 43ccd98cc38ffd 7a5d4d2b6300 1 288b8595 1 d 1 3c Page 10 of 54 59-O-24 lends to interior facing townhouse orientation facing east and west (Section 6-8-1-12) b. Variation for detached accessory structures between the principal structure and the front property line but not within the required front yard (Section 6-4-6-2-D). all to allow conversion of an existing industrial/office building into seven (7) dwelling units and for additions/new construction for amenity space and parking located at the Subject Property. WHEREAS, pursuant to Subsection 6-3-8-10 of the Zoning Ordinance, the City Council may allow Major Variations from the normal district regulations established in the Zoning Ordinance; and WHEREAS, on May 22, 2024, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.) and the Zoning Ordinance, the Land Use Commission held a public hearing, pursuant to proper notice, regarding case nos. 23PLND-0045 and 23MJV-0047 to consider an amendment to the Zoning Map, cited in Section 6-7-2 of the Zoning Ordinance, to place 1611 Church Street from the WE1 West Evanston Overlay District and oWE West Evanston Overlay District to the R4 General Residential District and to consider Applicant’s application for Major Variations on the Subject Property, heard testimony and public comment and made written minutes, findings, and recommendations; and Page 11 of 43 Doc ID: 43ccd98cc38ffd7a5d4d2b63001288b85951d13c Page 11 of 54 59-0-24 WH EREAS,after having considered the evidence presented,including the exhibits and materials submitted,and public testimony provided,the LUC made the following findings per Section 6-3-4-5 of the Zoning Ordinance: 1 .Whether the proposed amendment is 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 current Comprehensive General Plan considers housing and the current use of the Subject Property is not the highest and best use for the property.The proposed amendment meets the standard. 2.Whether the proposed amendment is compatible with the overall character of existing development in the immediate vicinity of the subject property: The Commission decided the standard is met. 3.Whether the proposed amendment will have an adverse effect on the value of adjacent properties:The Commission decided the standard is met. 4.The adequacy of public facilities and services:The Commission decided the standard is met. WH EREAS,after having considered the evidence presented,including the exhibits and materials submitted,and public testimony provided,the LUC made the following findings per Section 6-3-8-1 2 of the Zoning Ordinance: 1 .The requested variation will not have a substantial adverse impact on the use, enjoyment or property values or adjoining properties:The Commission decided the standard is met. 2.The requested variation is in keeping with the intent of the zoning ordinance: The Commission decided the standard is met. 3.The alleged hardship or practical difficulty is peculiar to the property:The Commission decided the standard is met. Page 12 of 43 Doc I D :43ccd98cc38ffd 7a5d4d2b6300 1 288b8595 1 d 1 3c Page 12 of 54 59-O-24 5~ 4. The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out: The Commission decided the standard is met.. 5. The purpose of the variation is not based exclusively upon a desire to extract additional income from the property or while the granting of the variation will result in additional income to the applicant and while the applicant for the variation may not have demonstrated that the application is not based exclusively upon a desire to extract additional income from the property, the Land Use Commission or City Council, depending on jurisdiction, has found that public benefits to the surrounding neighborhood and the City as a while will be derived from approval of the variation, that include, but are not limited to, any of the standards of Section 6-3-6-3 of this Chapter: The Commission decided the standard is met.. 6. The alleged difficulty or hardship has not been created by any person having an interest in the property: The Commission decided the standard is met. 7. The requested variation required the least deviation from the applicable regulation among the feasible options identified before the Land Use Commission issues its decision or recommendation to the City Council regarding said variation: The Commission decided the standard is met. WHEREAS, the Land Use Commission recommended approval of the application for an amendment to the Zoning Map and of the application for Major Variations for the Subject Property; and WHEREAS, on April 24, 2024, the Planning and Development Committee of the City Council held a meeting, in compliance with the provisions of the Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered and reviewed the findings and recommendation of approval of the Land Use Commission in case nos. 23PLND-0045 and 23MJV-0047, and recommended City Council approval thereof; and Page 13 of 43 Doc ID: 43ccd98cc38ffd7a5d4d2b63001288b85951d13c Page 13 of 54 59-O-24 WHEREAS, at its meetings of April 24, 2024 and July 8, 2024, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendations of the Planning and Development Committee, received additional public comment, made certain findings, and adopted said recommendations; 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. SECTION 2: The City Council hereby amends the Zoning Map to remove those properties with the address and PIN listed in Exhibit B and identified in Exhibit C, both attached hereto and incorporated herein by reference, from the WE1 West Evanston Overlay District and oWE West Evanston Overlay District to the R4 General Residential District. SECTION 3: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Major Variations applied for in this case, for an adaptive Page 14 of 43 Doc ID: 43ccd98cc38ffd7a5d4d2b63001288b85951d13c Page 14 of 54 59-O-24 7~ reuse to convert an existing industrial/office building into seven (7) dwelling and for additions/new construction for amenity space and parking located at the Subject Property. SECTION 4: The City Council hereby grants the following Major Variations: A) Variation for townhouse orientation that does not face a right of way because the existing warehouse building’s architecture lends to interior facing townhouse orientation facing east and west. B) Variation for detached accessory structures between the principal structure and the front property line but not within the required front yard. SECTION 5: The City Council hereby imposes the following conditions, violation of any of which shall constitute grounds for penalties or revocation thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Code: A. Compliance with Applicable Requirements: The Applicant shall develop and operate as authorized by the terms of this ordinance in substantial compliance with the following: the terms of this ordinance; the Development Plan in Exhibit D, attached hereto and incorporated herein by reference; all applicable City Code requirements; the Applicant's testimony and representations and documents to the Land Use Commission, the P&D Committee, and the City Council. B. Recordation: 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. Page 15 of 43 Doc ID: 43ccd98cc38ffd7a5d4d2b63001288b85951d13c Page 15 of 54 59-O-24 8~ 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 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: _______________, 2024 Adopted: _________________, 2024 Approved: 2024 Daniel Biss, Mayor Attest: Stephanie Mendoza, City Clerk Approved as to form: Alexandra Ruggie, Corporation Counsel Page 16 of 43 June 28 July 08 July 08 Doc ID: 43ccd98cc38ffd7a5d4d2b63001288b85951d13c Page 16 of 54 59-O-24 9~ EXHIBIT A LEGAL DESCRIPTION A tract of land described as follows: That part of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter of Section 13, Township 41 North, Range 13 East of the Third Principal Meridian, described as follows, to wit: Commencing at a point on the East Boundary line of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter of said Section 13, 283 feet South of the Northeast corner thereof; thence West parallel with and 283 feet distant from the North line of said Southeast Quarter of the Southwest Quarter of the Northeast Quarter of Section 13 aforesaid, a distance of 273.94 feet; thence in a Southerly direction in a straight line to a point on the South boundary of said Southeast Quarter of the Southwest Quarter of the Northeast Quarter of Section 13 aforesaid 273.94 feet West of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter of Section 13 aforesaid; thence North on the East boundary line of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter of Section 13 aforesaid approximately 375.24 feet to the place of beginning except therefrom the East 150 feet thereof), all in Cook County, Illinois. PINs: 10-13-222-004-0000 Commonly Known As: 1611 Church Street, Evanston, Illinois Page 17 of 43 Doc ID: 43ccd98cc38ffd7a5d4d2b63001288b85951d13c Page 17 of 54 59-O-24 10~ EXHIBIT B Addresses and PINs of Properties Removed from the WE1 West Evanston Overlay District and oWE West Evanston Overlay District and Placed Within the R4 General Residential District PINs: 10-13-222-004-0000 Commonly Known As: 1611 Church Street, Evanston, Illinois Page 18 of 43 Doc ID: 43ccd98cc38ffd7a5d4d2b63001288b85951d13c Page 18 of 54 59-O-24 11~ EXHIBIT C Map of Properties Removed from the WE1 West Evanston Overlay District and oWE West Evanston Overlay District and Placed Within R4 General Residential District Page 19 of 43 Doc ID: 43ccd98cc38ffd7a5d4d2b63001288b85951d13c Page 19 of 54 Page 20 of Page 20 of 54 59-O-24 12~ EXHIBIT D Development Plan Page 21 of 43 Doc ID: 43ccd98cc38ffd7a5d4d2b63001288b85951d13c Page 21 of 54 Land Use Commission Meeting | 05.22.2024 | 1611 Church Site SurveyDate Project Information 225 W. Ohio Street 4th Floor Chicago, IL 60654 TEL: ( 312) 467-0123 FAX: (312) 467- 0220 www.terraengineering. com PLAT OF SURVEY 05- 09- 23 1 of 1 1 Issued Description 23-168 DS LAG TEB PROJECT #: DRAWN BY:CHECKED BY:APPROVED BY:CLIENT:BOUNDARY & TOPOGRAPHIC SURVEY 1611 CHURCH STREET EVANSTON, IL CSE 1611, LLC4850 N. California Ave.Chicago, IL 60626 ILLINOIS PROFESSIONAL DESIGN FIRM184-003610 05-11-232 Revised ROW note 06-12-233 Add Page 22 of 54 Land Use Commission Meeting | 05.22.2024 | 1611 Church SustainableVisionPage 23 of 43Doc Page 23 of 54 Land Use Commission Meeting | 05.22.2024 | 1611 Church Proposed SitePlanPage 24 of 43Doc Page 24 of 54 Page 25 of Page 25 of 54 UP UPUP 4 A 3.1 3 A 3.12 A 2.5 1 A 2.6 6 Unit1Unit2Unit3Unit5Unit4 Unit 8 (Studio) Unit 7 Unit 6 Unit 1 EntryUnit 2 EntryUnit 3 EntryUnit 4 EntryUnit 5 EntryUnit 6 EntryUnit 7 EntryUnit 8 EntryBedroomBedroom BedroomBedroom Office Common Area Art Room Fitness / Yoga Closet Closet Bath Bath Coat Cl Laundry Pantry Living Kitchen Living Kitchen Living Kitchen Living Kitchen Pantry Laundry CoatHallwayHallwayHallwayHallwayBedroomBedroom Closet Closet BathCoatLaundry Pantry Living Kitchen HallwayBedroom Pantry Laundry CoatBath Closet Bedroom Pantry Laundry CoatBath Closet Closet Closet Bath Bath CoatLaundry Pantry Living Kitchen HallwayBedroomBedroom Closet Closet Bath PowderCoatLaundry Pantry HallwayBathCloset Entry Mechanical / Utility Pantry Bathroom Storage Green House Living Kitchen HallwayEntryLandscape Landscape Landscape Landscape 640 SF 1,554 SF 1, 554 SF 1,554 SF 1, 554 SF 1, 052 SF 977 SF 1,024 SF444SF981SF638 SF Landscape Landscape Living Private Patio Private Patio Private Patio Private PatioPrivate Patio Private PatioPrivate Patio Softscape Garden Entry Office Recording 4 ft concrete pathEntry Entry 4 ft concrete path4 ft concrete path 4 ft concrete path Bath A 2.9 2 A 2.9 3 A 3. 11 EntryEntry Powder Powder Closet Page 26 of 54 Level 1 0' - 2" Grade 0' - 0" A B Mezzanine 10' - 7" itchen Family Room MezzanineBathroom BathBedroom Underside of Bow Truss 19' - 4" Level 1 Ceiling 9' - 3 1/2" Loft Closet 12' - 10 1/ 2"2' - 11 1/4"9 1/ 2"7' - 11 1/ 2"Replace ([ isting SNylight Ladder to Loft Privacy and Sun Screen Private Patio Date:Sheet:Drawn: Copyright2023, moss Design, Inc.All ideas, designs, arrangements, and plans indicated or represented by Page 27 of 54 A 3.23A3.265A3.2 4 A 3.2 1 A 3.2 2 Private *arage 1 Pump Room 1 3 4 5 6 7 8 10 9 1 11 13 9 1/4"21' - 5 1/2"9 1/4" 80' - 01/2"9 1/ 4"23' - 0"24' - 0"23' - 0"9 1/4" 21' - 5 1/2"9 1/ 4"40' - 0"20' - 0"27' - 5 1/ 2" 48' - 11"41' - 6 1/2" 1' - 0"18' - 0" 2' - 0"18' - 0"1' - 0"1' - 0"18' - 0"2' - 0"18' - 0"2' - 0"18' - 0"2' - 0"18' - 0" 1' - 0" Trash Recycle AccessiEle Aisle 29' - 0"24' - 0"23' - 0"Courtyard Paver 1ew Concrete rive 1ew Concrete rive Existing Conc. Driveway 21' - 5 1/2" 5 1/4" 5' - 6 3/4"AccessiEle Space 10' - 5 1/ 4"17' - 5 1/2"92' - 0"81' - 6 1/ 4"5' - 6 1/ 2"21' - 6 1/2"Refuse Room Storage / BiNe ParNing 3' - 2"Private * arage Private *arage 3 Private *arage 4 29' - 0" 9 1/4" 23' - 0"955 S.F. 625 S.F. 938 S.F. 1120 S.F. Proposed Residential Units:Unit #1- 3 1 Bedroom Apartment Unit # 4-7 2 Bedroom Apartment Unit # 8 Studio Apartment Total 8 Apartment Units ReTuired Off Street ParNing:1.25 space/ unit x 4 Units (1 Bedroom)1. 5 space/ unit x 4 Units (2 Bedroom) 11 spaces reTuiredProposedParNing Spaces:1 Spaces and 1 Page 28 of 54 Page 29 of Page 29 of 54 Land Use Commission Meeting | 05.22.2024 | 1611 Church Church Street Elevation View of Site from ChurchStreetPage 30 of 43Doc Page 30 of 54 Memorandum To: Members of the Planning and Development Committee From: Melissa Klotz, Zoning Administrator CC: Sarah Flax, Interim Community Development Director; Elizabeth Williams, Planning Manager Subject: Discussion of the West Evanston Plan & Overlay Area and its impact on current and future development Date: October 24, 2022 Recommended Action: Staff requests the Planning & Development Committee discuss the intent and policies of the West Evanston Master Plan and the corresponding zoning regulations of the oWE West Evanston Overlay District, and establish an appropriate path forward for future development in the western portion of Evanston and corresponding Five -Fifths TIF area. The existing plan and zoning regulations are proving problematic to anticipated and encouraged redevelopment such as the Mt. Pisgah site at Church & Darrow. Committee Action: For Discussion Summary: For decades, Evanston has been considered a top-tier municipality and leader in the Planning and Land Use arena. Throughout the 1990s and early 2000s, the Evanston community, City Planners, and contracted consulting firms engaged in thoughtful meetings, design charrettes, and public hearings to establish appropriate redevelopment plans and codified zoning requirements specificextremelyincludeplansTheseoftheareascertainforcity. redevelopment details that must be followed and are codified in the oWE West Evanston Overlay District, and made sense prior to the 2007-2008 housing market crash and subsequent market reset. In conjunction with technological advancement (the internet, electric vehicles, transit oriented development), a focus on equity, and the post -pandemic future, some aspects of the West Evanston Master Plan and corresponding oWE West Evanston Overlay District are outdated, ineffective, and now create substantial barriers to the community revitalization they are supposed to encourage. West Evanston Master Plan Adopted in May 2007, the West Evanston Master Plan was established to create a coherent redevelopment plan for the West Evanston TIF area that is in effect through 2028 (primarily the D1.Page 6 of 9 Page 31 of 43 Doc ID: 43ccd98cc38ffd7a5d4d2b63001288b85951d13c Page 31 of 54 old Mayfair train line and adjacent industrial properties) to ensure complete streets and appropriate residential infill occurs over time. The general planning goals and objectives of the plan reflect past policy of the City and the community. The Plan was created via significant community involvement and included many meetings and charrettes where input was gathered from 2nd and 5th ward residents. While many of the goals and objectives of the West Evanston Master Plan remain true today, they may not prioritize the most significant challenges that Evanston now faces. The plan called for sub-areas classified by general redevelopment guidelines, or with detailed form-based planning including exact redevelopment plans and zoning regulations. The sub - areas selected for form-based planning regulate exact housing types, building styles, building locations, new street layouts, height and bulk, uses, etc. This form-based code was established in the oWE West Evanston Overlay District that was adopted in January 2009 and is regulated within Sections 6-15-15 and 6-15-16 of the Zoning Ordinance. oWE West Evanston Overlay District The oWE West Evanston Overlay District is the zoning area that features the additional set of zoning regulations contemplated in the West Evanston Master Plan. Notably, these zoning regulations include redevelopment requirements for street extensions that include extensive storm water detention, curbs, sidewalks, street lights, etc. and dedication of that land back to the City. While the street extensions are ideal for linking existing blocks and fulfilling complete- streets with multimodal access, doing so is cost prohibitive, may increase vehicular traffic in existing neighborhoods, and removes private property from the property tax base once dedicated back to the City. Additionally, once constructed, the new streets, sidewalks, storm water, and other infrastructure requires life-long maintenance by the City. Most of the street extensions required extend over multiple properties that are not currently held in common ownership. When the plan and overlay were originally enacted, the housing boom made it economically feasible for contiguous property owners to sell their properties together at once for one new large development opportunity; many property owners would sell if top-dollar were commanded. When the market crashed and property values fell, contiguous land sales (and redevelopment opportunities) no longer seemed feasible. Today, there are properties within the oWE Overlay District that are currently vacant or underutilized but are unable to redevelop because required street extensions straddle property lines and parcels that are not available for sale at this time. Additionally, the oWE Overlay District requires rezoning of existing industrial properties as they redevelop. These properties typically exist in I1 Industrial/Office District, I2 General Industrial District, and MXE Mixed-Use Employment District, and are slated with WE1 West Evanston Transitional Overlay zoning. While the regulations do not include a sunset clause to require the closure of any existing industrial business/facility in operation, the Overlay does place additional industrial use restrictions to ensure all currently-zoning industrial properties in the Overlay become less-intense over time (ie. no use shall be more intense than any previously existing use at a subject property in the WE1 sub -area). This means some properties in the WE1 are currently restricted to office use only unless the existing structure(s) are demolished for residential redevelopment. While additional housin g is needed in Evanston, so are industrial properties, which have greatly diminished in recent years. Industrial properties pay a portion of the property tax base and provide local blue -collar jobs. Page 2 of 4 D1.Page 7 of 9 Page 32 of 43 Doc ID: 43ccd98cc38ffd7a5d4d2b63001288b85951d13c Page 32 of 54 Examples: National Awards Building (1611 Church) – This property is located within the oWE Overlay District with WE1 sub-area zoning, which is specified by the overlay as previously industrial property that will redevelop as multifamily residential. WE1 specifies existing structures cannot ever have a more intense use than the last use at the property. The last use in the 13,000 square foot building on a 46,000 square foot lot with a large surface parking lot was a miniature dollhouse furniture maker with approximately 3 employees. The overlay and WE1 mean the property is basically unusable and has now sat fordowntornisindustrialbuildingIftheyears. forvacantmostly existing multifamily iswhichresidential, asredevelopmustpropertytheredevelopment, appropriate. However, no redevelopment can occur unless the private developer also incorporates a street extension (street, storm water detention, curbs, sidewalks, street lights, etc.) of Florence Avenue, which dead ends at the intersection just south of the property. The street cannot be extended unless the property to the east (Cahill Plumbing) also redevelops at the same time. Even then, the plan and overlay require almost half of each of the two properties to be utilized for a public street. The remaining land for multifamily residential is not enough to cover the cost of the development, especially when considering the exact requirements for the multifamily residences as well (townhomes, private alley access, etc.). Furthermore, the properties likely could still not redevelop unless a third property that is immediately north is incorporated in, to further extend Florence Avenue north to a connecting street. There is a building on the third required. isextensionstreettheof Thewaytheinpropertywhere development/zoning problems of this property have been apparent to staff for a decade. ComEd Substation (1919 Church) – This property is located on the corner of Church and Brown, right next to the Y.O.U. building. The Substation was upgraded in 2016 to reduce brownouts and power outages in parts of Evanston. The overlay required a Special Use and variations to reduce the screening (fencing and landscaping) at the substation. The screening and extremely detailed landscaping requirement (which dictates plant spacing to the inch) was reduced for visual safety, ComEd equipment safety, future plant growth, and vision clearance. The overlay requirements were inappropriate and unduly burdensome for an existing utility station. Windy City Garden Center (2000 Green Bay Road) - Windy City Garden Center, a retail landscaping/plant nursery, proposed improvements to the parking lot to pave existing gravel parking areas. The proposal was required to comply with the landscaping requirements of the overlay. Windy City Garden Center, a landscaping/plant nursery, could not feasibly comply with the landscaping requirements of the oWE Overlay District and was granted exceptions by the Design & Project Review Committee to reduce plantings. Y.O.U. (1911 Church) – The new Y.O.U. building is the ONLY new construction that complies with the overlay. This took extensive detailed work by the owner’s architect and many discussions with staff. However, the building is only considered compliant because staff determined the property could be considered a corner lot given the true corner (immediately west) is occupied by the ComEd Substation. As a corner lot, Y.O.U. had the option to construct an “iconic” building instead of a “mixed -use building”. A mixed-use building,” as defined by the overlay, would have triggered many variations or been infeasible for the project. Page 3 of 4 D1.Page 8 of 9 Page 33 of 43 Doc ID: 43ccd98cc38ffd7a5d4d2b63001288b85951d13c Page 33 of 54 2044 Wesley – This undeveloped property just south of the public storage facility at Simpson and Green Bay is appropriately slated for multifamily residential as well as a street extension of Jackson from Foster to Simpson. It is not economically feasible to follow the exact requirements of the overlay unless the public storage facility is torn down and redeveloped as well, therefore the property owner requested a map amendment to remove the property from the overlay in late 2019. The map amendment was recommended for denial by the Land Use Commission (since there was not an accompanying development proposal showing exactly what would be proposed at the site), but was approved by the City Council. The property owner then proceeded with a Planned Development for townhomes and one modest multifamily residential building, but later withdrew the request due to economic constraints. The property owner is now considering a higher-density proposal. Although not yet officially submitted to the City, staff is aware higher density may be appropriate but is not what the West Evanston Master Plan calls for at the site. The development/zoning problems wit h this property have been apparent to staff for over 5 years, and continues to be a problem even following removal of the property from the overlay district. Conclusion: A new plan is needed that addresses the specific concerns of the West Evanston area and the future redevelopment of and/or preservation of industrial sites, the old Mayfair properties, and appropriate residential infill. Complete streets that increase land value and drive up housing costs may not be appropriate. Instead, additional bicycle and pedestrian paths may improve mobility while encouraging moderate housing costs for new construction. This plan should be part of the larger Comprehensive Plan that addresses the intersectionality of West Evanston to the rest of the city while understanding the past and current needs of the area and community. Legislative History: West Evanston Planning Area Map West Evanston Master Plan Subarea 1 & 2 West Evanston Master Plan Subarea 3 oWE West Evanston Overlay Regulations (6-15-15 & 6-15-16) TIF Information & Maps This item was tabled to the next meeting at the October 10, 2022 P&D Committee meeting. Page 4 of 4 D1.Page 9 of 9 Page 34 of 43 Doc ID: 43ccd98cc38ffd7a5d4d2b63001288b85951d13c Page 34 of 54 Land Use Commission Meeting | 05.22.2024 | 1611 Church Site Survey DateProject Information225 W. Page 35 of 54 Land Use Commission Meeting | 05.22.2024 | 1611 Church SustainableVisionPage 36 of 43Doc Page 36 of 54 Land Use Commission Meeting | 05.22.2024 | 1611 Church Proposed SitePlanPage 37 of 43Doc Page 37 of 54 Page 38 of Page 38 of 54 UP UPUP 4 A 3.1 3 A 3.12 A 2.5 1 A 2.6 6 Unit1Unit2Unit3Unit5Unit4 Unit 8 (Studio) Unit 7 Unit 6 Unit 1 EntryUnit 2 EntryUnit 3 EntryUnit 4 EntryUnit 5 EntryUnit 6 EntryUnit 7 EntryUnit 8 EntryBedroomBedroom BedroomBedroom Office Common Area Art Room Fitness / Yoga Closet Closet Bath Bath Coat Cl Laundry Pantry Living Kitchen Living Kitchen Living Kitchen Living Kitchen Pantry Laundry CoatHallwayHallwayHallwayHallwayBedroomBedroom Closet Closet BathCoatLaundry Pantry Living Kitchen HallwayBedroom Pantry Laundry CoatBath Closet Bedroom Pantry Laundry CoatBath Closet Closet Closet Bath Bath CoatLaundry Pantry Living Kitchen HallwayBedroomBedroom Closet Closet Bath PowderCoatLaundry Pantry HallwayBathCloset Entry Mechanical / Utility Pantry Bathroom Storage Green House Living Kitchen HallwayEntryLandscape Landscape Landscape Landscape 640 SF 1,554 SF 1, 554 SF 1,554 SF 1, 554 SF 1, 052 SF 977 SF 1,024 SF444SF981SF638 SF Landscape Landscape Living Private Patio Private Patio Private Patio Private PatioPrivate Patio Private PatioPrivate Patio Softscape Garden Entry Office Recording 4 ft concrete pathEntry Entry 4 ft concrete path4 ft concrete path 4 ft concrete path Bath A 2.9 2 A 2.9 3 A 3. 11 EntryEntry Powder Powder Closet Page 39 of 54 Level 1 0' - 2" Grade 0' - 0" A B Mezzanine 10' - 7" itchen Family Room MezzanineBathroom BathBedroom Underside of Bow Truss 19' - 4" Level 1 Ceiling 9' - 3 1/2" Loft Closet 12' - 10 1/ 2"2' - 11 1/4"9 1/ 2"7' - 11 1/ 2"Replace ([ isting SNylight Ladder to Loft Privacy and Sun Screen Private Patio Date:Sheet:Drawn: Copyright2023, moss Design, Inc.All ideas, designs, arrangements, and plans indicated or represented by Page 40 of 54 A 3.23A3.265A3.2 4 A 3.2 1 A 3.2 2 Private *arage 1 Pump Room 1 3 4 5 6 7 8 10 9 1 11 13 9 1/4"21' - 5 1/2"9 1/4" 80' - 01/2"9 1/ 4"23' - 0"24' - 0"23' - 0"9 1/4" 21' - 5 1/2"9 1/ 4"40' - 0"20' - 0"27' - 5 1/ 2" 48' - 11"41' - 6 1/2" 1' - 0"18' - 0" 2' - 0"18' - 0"1' - 0"1' - 0"18' - 0"2' - 0"18' - 0"2' - 0"18' - 0"2' - 0"18' - 0" 1' - 0" Trash Recycle AccessiEle Aisle 29' - 0"24' - 0"23' - 0"Courtyard Paver 1ew Concrete rive 1ew Concrete rive Existing Conc. Driveway 21' - 5 1/2" 5 1/4" 5' - 6 3/4"AccessiEle Space 10' - 5 1/ 4"17' - 5 1/2"92' - 0"81' - 6 1/ 4"5' - 6 1/ 2"21' - 6 1/2"Refuse Room Storage / BiNe ParNing 3' - 2"Private * arage Private *arage 3 Private *arage 4 29' - 0" 9 1/4" 23' - 0"955 S.F. 625 S.F. 938 S.F. 1120 S.F. Proposed Residential Units:Unit #1- 3 1 Bedroom Apartment Unit # 4-7 2 Bedroom Apartment Unit # 8 Studio Apartment Total 8 Apartment Units ReTuired Off Street ParNing:1.25 space/ unit x 4 Units (1 Bedroom)1. 5 space/ unit x 4 Units (2 Bedroom) 11 spaces reTuiredProposedParNing Spaces:1 Spaces and 1 Page 41 of 54 Page 42 of Page 42 of 54 Land Use Commission Meeting | 05.22.2024 | 1611 Church Church Street Elevation View of Site from ChurchStreetPage 43 of 43Doc Page 43 of 54 20-O-26 ~9~ EXHIBIT 2 MODIFIED DEVELOPMENT PLANS Page 44 of 54 Page 45 of 54 Page 46 of 54 Page 47 of 54 Page 48 of 54 Page 49 of 54 Page 50 of 54 Page 51 of 54 Page 52 of 54 Page 53 of 54 Page 54 of 54