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HomeMy WebLinkAboutOrdinance 54-O-26 Approving an Amendment to the Three Crowns Park PD and SU - Final (1) 07/27/2026 54-O-26 AN ORDINANCE Approving an Amendment to the Three Crowns Park Planned Development and Special Use at 2323 McDaniel Avenue, 2400 Colfax Place, and 2320 Pioneer Road 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, in April 2005, the Evanston City Council enacted Ordinance 33-O-05, which granted a special use for a planned development in the R4 General Residential District at 2320 Pioneer Road; and Page 1 of 15 54-O-26 WHEREAS, the City Council previously approved special uses in ordinances 67-O-72, 67-O-81, 115-O-82, and 112-O-83 concerning the Pioneer Building in the R4 General Residential District at 2323 McDaniel Avenue; and. WHEREAS, Lenny Asaro of Taft Stettinius & Hollister, (the “Applicant”), filed an application on behalf of Covenant Living Communities and Services, for the property located the R4 General Residential District at 2323 McDaniel Avenue, 2400 Colfax Place, and 2320 Pioneer Road, Evanston, Illinois (the “Subject Property”), legally described in Exhibit A, which is attached hereto and incorporated herein by reference, and in its application, Applicant proposed the following: 1) Rehabilitation of a vacant building on the Subject Property to create twenty - three (23) new independent living units (13 two-bedroom units and 10 one- bedroom units); 2) A new entrance canopy and elevator added to the north side of Pioneer Place and the existing bridged walkway connecting Pioneer Place to Landstrom Manor would be demolished; 3) New garden level patios proposed on the south and west sides of Pioneer Place; 4) A new four-season room proposed on the west side of the McDaniel Court building; 5) New parking areas proposed in the rear service court area and at the northwest corner of the site, which would feature a new surface parking lot that is accessed from McDaniel Avenue with one -way traffic circulation discharging onto Colfax Street; Page 2 of 15 54-O-26 6)New inset parking areas within the Pioneer Road right-of-way, which would be carved into the parkway on the west side of the street. WHEREAS, Applicant requested approval of an amendment to Planned Development Ordinance 33-O-05 to allow modifications to the previously approved development plan and modifications to the conditions of approval; and WHEREAS, the Applicant additionally requested an amendment to Special Use Ordinances 67-O-72, 67-O-81, 115-O-82, and 112-O-83 to allow modifications to the Pioneer Building and the conditions of approval to allow for the conversion of the Pioneer Building into twenty-three (23) independent living units and the addition of parking areas and associated improvements to the Subject Property in the R4 General Residential District; and WHEREAS, Ordinance 67-O-72 contains various conditions of approval concerning the Subject Property that Applicant requested be modified to allow for their proposed development, as follows: 1)Condition 3(d): The Floor Area Ratio (FAR) of 0.37 (plus or minus 10%) must be repealed because the existing site FAR is estimated at 0.85 as a result of the McDaniel Court building addition, which occurred after Ordinance 67-O-72 was established. Furthermore, the R4 District does not limit maximum FAR; building bulk in the R4 District is limited by building lot coverage, setback, and height regulations. 2)Condition 3(i): the requirement that the number and arrangement of off-street parking spaces shall conform to all applicable requirements of the Zoning Ordinance and that said spaces may be located as close as eight feet (80’) to Page 3 of 15 54-O-26 Colfax Street and fifty feet (50’) to McDaniel Avenue must be repealed because the proposed parking spaces would be located thirteen feet and seven inches (13’-7”) from McDaniel Avenue and the proposed spaces abutting Colfax Street would be setback five feet (5’) from the property line. 3)Condition 4: the requirement that no street opening for a driveway shall be created or maintained onto Colfax Street must be repealed to allow for a single one-way curb cut onto Colfax Street. 4)Condition 6: the requirement that the entire parking area on the property shall be effectively screened on all sides as required by the Zoning Ordinance and this screening shall consist of a densely planted compact evergreen hedge, not less than four feet (4’) in height, and shall be inspected annually by the Department of Inspections and Permits for maintenance must be repealed because the existing parking areas do not have a dense and compact evergreen hedge screen and there are no specific Code requirements for screening around a parking lot (other than it be present). WHEREAS, Ordinance 67-O-81 contains various conditions of approval concerning the Subject Property that Applicant requested be modified to allow for the Applicant’s proposed development, as follows: 1)Condition 3(d): The Floor Area Ratio (FAR) of 0.37 (plus or minus 10%) must be repealed as it is a reiteration of Condition 3(d) from Ordinance 67-O-72. 2)Condition 3(i): the requirement that the number and arrangement of off-street parking spaces shall conform to all applicable requirements of the Zoning Ordinance and that said spaces may be located as close as eighty feet (80’) Page 4 of 15 54-O-26 to Colfax Street and fifty feet (50’) to McDaniel Avenue must be repealed as it is a reiteration of Condition 3(i) from Ordinance 67-O-72. WHEREAS, Ordinance 33-O-05 contains various conditions of approval concerning the Subject Property that Applicant requested be modified to allow for the Applicant’s proposed development, as follows: 1)Condition B: The condition that the site development plan shall indicate a single driveway entrance and single driveway exit to the west side of the facility, each onto McDaniel Avenue, such that the entrance shall be to the south and the exit shall be to the north, allowing one-way traffic to access the facility must be repealed since Applicant’s proposed development introduces a second driveway exit from the west side of the facility. WHEREAS, the previously approved ordinances concerning the Subject Property required the Applicant to obtain Special Use approval for any change of use to the Pioneer Building, and since Applicant is requesting a change of use from assisted living to independent living, an amendment to the Special Use is required; and WHEREAS, as part of their application, the Applicant additionally requested the following site development allowances: 1)Section 6-8-5-7(A): To allow parking within a front yard (fronting McDaniel Ave, Colfax St, and Pioneer Rd) where parking within a front yard is prohibited. 2)Section 6-16-2-1(C)(1): To allow parking in a front yard abutting a street (McDaniel Ave, Colfax St, Pioneer Rd) where parking in a front yard abutting Page 5 of 15 54-O-26 a street is prohibited. 3)Section 6-4-6-3(B): To allow open off-street parking in a front yard setback where open off-street parking is required to be located within thirty (30) feet of a rear lot line. 4)Sections 6-4-6-3(B), 6-4-6-7(F)(3)(a), and 6-4-6-7(F)(2)(a)(2): To allow an accessory structure (pergola) in a front yard where accessory structures are prohibited, and to allow a six foot (6’) tall solid fence in a front yard where fence heights are restricted to a maximum of four feet (4’) tall and 70% open; and WHEREAS, the Land Use Commission (“LUC”) met on May 27, 2026 and June 24, 2026, pursuant to proper notice, to consider case no. 26PLND-0006, the application filed for an amendment to Ordinances 33-O-25, 67-O-72, 67-O-81, 115-O- 82, and 112-O-83, and Site Development Allowances 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 analyzed the standards contained in City Code sections 6-3-5-10 and 6-3-6-9; and WHEREAS, the Land Use Commission recommended approval, with six (6)“yay” votes cast in favor of approval, with three (3) commissioners absent, of the following: 1)An amendment to Ordinance 33-O-25 to allow modifications to the previously approved development plan (with exception to the proposed parking lot modifications in the northwest corner of the site); Page 6 of 15 54-O-26 2) A modification to Condition B of Ordinance 33 -O-25 to allow a second driveway exit from the west side of the facility, along with the following site development allowances: a. Section 6-8-5-7(A): to allow parking with a front yard (Pioneer Road) where parking within a front yard is prohibited; b. Section 6-16-2-1(C)(1): to allow parking in a front yard abutting a street (Pioneer Road) where parking in a front yard abutting a street is prohibited; c. Section 6-4-6-3(B): to allow open off-street parking in a front yard setback where open off-street parking is required to be located within thirty (30) feet of a rear lot line; d. Sections 6-4-6-3(B), 6-4-6-7(F)(3)(a), and 6-4-6-7(F)(2)(a)(2): To allow an accessory structure (pergola) in a front yard where accessory structures are prohibited, and to allow a six foot (6’) tall solid fence in a front yard where fence heights are restricted to a maximum of four feet (4’) tall and 70% open. 3) A recommendation of approval of an amendment to Spe cial Use Ordinances 67-O-72, 67-O-81, 115-O-82, and 112-O-83 to allow modifications to the Pioneer Building for the conversion of the Pioneer Building into twenty-three (23) independent living units; 4) A recommendation of eliminating condition of approval 3(D) in Ordinances 67- O-72 and 67-O-81, as well as eliminating condition of approval 6 in Ordinance 67-O-72. Page 7 of 15 54-O-26 WHEREAS, at its meeting, the LUC did not recommend approval of the following: 1) An amendment to Ordinance 33-O-05 to allow construction of the proposed parking lot modification in the northwest corner of the site, along with the following site development allowances: a. Section 6-8-5-7(A): To allow parking within a front yard (fronting McDaniel Ave and Colfax St) where parking within a front yard is prohibited b. Section 6-16-2-1(C)1: To allow parking in a front yard abutting a street (McDaniel Ave and Colfax St) where parking in a front yard abutting a street is prohibited. 2) An amendment to Special Use Ordinance 67-O-72 to eliminate conditions 3(i) and 4; 3) An amendment to Special Use Ordinance 67-O-81 to eliminate condition 3(i). WHEREAS, after the LUC meeting, Applicant submitted a revised application for the Subject Property with slight revisions to the proposed parking modification at the northwest corner of the site (the “Modified Development”); and WHEREAS, on July 27, 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 Modified Development application; and Page 8 of 15 54-O-26 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 July 27 and August 24, 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 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 Ordinances 33-O-05, 67-O-72, 67-O-81, 115-O-82, 112-O-83, and the requested site development allowances to allow the Modified Development described herein. SECTION 3: Except as otherwise provided for in this Ordinance 54-O-26, all applicable regulations and conditions of Ordinances 33-O-05, 67-O-72, 67-O-81, 115-O-82, and 112-O-83 shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. Page 9 of 15 54-O-26 SECTION 4: 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: 1.Compliance with Applicable Requirements: The Applicants shall develop and operate the Planned Development authorized by the terms of this ordinance in substantial compliance with the following: the terms of this ordinance; the Modified Development Plan in Exhibit B, attached hereto and incorporated herein by reference; all applicable City Code requirements; the Applicants’ testimony and representations and documents to the Land Use Commission, the P&D Committee, and the City Council. 2.The Applicant is encouraged to add four (4) EV charging stations to the existing or proposed parking areas. 3.Prior to issuance of a building permit for the proposed on-street parking stalls along the west side of Pioneer Road, approval by the Director of Public Works shall be required. Prior to consideration by the Director of Public Works, the Public Services Bureau shall review the proposed parking spaces for potential impacts. 4.Prior to issuance of a building permit to authorize the proposed curb cut expansion for the driveway access along Pioneer Road, approval of a variation by the Director of Public Works shall be required. 5.Prior to issuance of a building permit, the site plan shall be revised to remove any of the three proposed parking stalls within the area at the rear of the Pioneer Place building that encroach on the two required short loading berths in this area. Alternatively, the three (3) parking stalls can remain if the Applicant can demonstrate how the two (2) loading zones can be relocated to a Code- compliant onsite location that preserves access to neighboring parking stalls and maintains minimum required drive aisle widths, provides sufficient access to each loading berth, and the relocated loading berths don’t interfere with fire lanes. 6.The proposed light fixtures shall be reduced to no taller than 16 feet in height and mounted on a base no taller than 24 inches in height. The applicant is encouraged to utilize light fixtures that are fully cut-off. 7.The Applicant shall revise the engineering plans, tree preservation plans, landscape plan, and photometric plans to reflect the updated parking lot layout as depicted in the Modified Development Plan. 8.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 Clerk, 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 10 of 15 54-O-26 9. The proposed parking lot located in the northwest corner of the site along Colfax is conditionally approved and shall not expire and shall run with the land. The applicant shall not construct this parking lot as shown on the development plan unless the City Council formally enacts residential parking restrictions on the adjacent blocks. 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: The Zoning Ordinance grants the Applicant twelve (12) months after the effective date of this Ordinance to obtain a building permit to allow for work as authorized by the Ordinance. Pursuant to and in accordance with Section 6-8- 1-10(A).4 of the Zoning Ordinance, the Applicant has requested an additional twelve (12) months, allowing a total of twenty-four (24) months from the passage and approval of this Ordinance, to obtain said building permit. Failure to obtain said building permit within this twenty-four (24) month period, or failure to extend the twenty-four (24) month period pursuant to Section 6-8-1-10(A).(4) of the Zoning Ordinance, shall render the Special Use for the Planned Development null and void . SECTION 8: 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 11 of 15 54-O-26 SECTION 9: All ordinances or parts of ordinances that are in conflict with the terms of this ordinance are hereby repealed. SECTION 10: 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 11: 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 Page 12 of 15 July 27 August 24 54-O-26 EXHIBIT A LEGAL DESCRIPTION Lots 1 through 5, inclusive, in Lions Subdivision of the north 129 feet of the east 190 feet of Block 7 of John Culver's Subdivision, Lots 1 through 11, inclusive, in Broomell's Subdivision of Block 7 (except the east 190 feet and except the north 150 feet thereof) of John Culver's Subdivision, and Block 7 in John Culver's Subdivision except for the land previously described, all in the Northwest 1/4 of the Southwest 1/4 of Section 12, Township 41 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois. Also known as: All of Block 7 in John Culver's Subdivision in the Northwest 1/4 of the Southwest 1/4 of Section 12, Township 41 North, Range 13 East of the Third Principal Meridian in Cook County, Illinois. PIN’s: 10-12-305-001-0000, 10-12-305-008-0000, 10-12-305-007-0000, 10-12-305-009- 0000, 10-12-305-010-0000, 10-12-305-011-0000, 10-12-305-004-0000, 10-12-305-003- 0000, and 10-12-305-002-0000. Page 13 of 15 54-O-26 EXHIBIT B MODIFIED DEVELOPMENT PLANS Page 14 of 15 PI O N E E R R O A D MC D A N I E L A V E N U E GRANT STREET COLFAX STREET ELE 32" 28" 32" 40" 40" 6" 24" 24" 24" S S S S S S S 18' (TYP.) (17) (5) (17) 9 EXISTING PARKING SPACES TO REMAIN 2 PARKING SPACES (PROPOSED) 6 EXISTING PARKING SPACES TO REMAIN (4 EXISTING SPACES TO BE REMOVED) 10 EXISTING PARKING SPACES TO REMAIN (1 EXISTING SPACE TO BE REMOVED FOR ADDITIONAL ADA SPACES) LANDSTROM MANOR Mc D A N I E L C O U R T S PIONEER PLACE 2 PARKING SPACES (PROPOSED) LANDSCAPE SCREENING 4 EXISTING PARKING SPACES TO REMAIN BLUE = PROPOSED PARKING RED = EXISTING PARKING TERRACE (PROPOSED) TERRACE (PROPOSED)TERRACE (PROPOSED) TERRACE (PROPOSED) STAFF PARKING VISITOR PARKING 8 EXISTING PROPOSED EXISTING SPACES TO BE REMOVED - (6) EXISTING SPACES TO REMAIN 44 38 PROPOSED SPACES - 27 TOTAL SPACES TO BE PROVIDED 44 65 DELTA - +21 SPACES EXISTING PROPOSED (INCLUDES EXISTING) TOTAL ACCESSIBLE SPACES TO BE 2 4 PROVIDED ABOVE GROUND ON-SITE PARKING SPACES BREAKDOWN ENLARGING DRIVEWAY RADIUSES (PROPOSED) VISITOR PARKING STAFF PARKING 6 5' - 0" 6' - 6" 12' - 2"18' - 5" 6" 15' - 1" 13' - 7" 23' - 0" 8 5 9' - 6" 20' - 0" TYP. 21' - 0" 22'-10 3/4" 2 STREET PARKING SPACES (PROPOSED) 5 STREET PARKING SPACES (PROPOSED) 8 STREET PARKING SPACES (PROPOSED) 2 10 EXISTING PARKING SPACES TO BE REMOVED 9 PARKING SPACES (PROPOSED) 23 PARKING SPACES (PROPOSED) LOWER 1 STORY ROOF CANOPY EXTERIOR STAIRSEXTERIOR STAIRS 2 2 6 3 9' - 0" VI S I T O R P A R K I N G RAISED CROSSWALK 9' - 0" 18 ' - 0 " 4 SEASON ROOM ADDITION (PROPOSED) ELEVATOR ADDITION (PROPOSED) FENCING EXTENSION TO MATCH EXISTING (PROPOSED) 2 BIKE RACKS (PROPOSED) 1 FIVE BIKE RIBBON RACK (EXISTING) 3 FIVE BIKE RIBBON RACK IN UNDERGROUND PARKING (EXISTING) RAISED CROSSWALK ENTRANCE CANOPY (PROPOSED) 109'-1 1/4" LOADING BERTH (EXISTING) TRASH COMPACTOR (EXISTING) EMERGENCY GENERATORS (1 EXISTING + 1 PROPOSED) PROPERTY LINE TRANSFORMERS AND SWITCHGEAR (EXISTING) RELOCATED PLANTER BOXES (PROPOSED) 4 5 10 ' - 0" 3' - 0" 6" 8' - 6" 13 ' - 6" 6" 5' - 0" 18 ' -5" 14 ' -0 1/2" 8' -6" 6" 3' -0" 10 ' -0" TYP 21' - 0" PR O P O S E D S I T E P L A N - PA R A L L E L P A R K I N G 0'20'40'80'160' 1" = 40'-0"1 SITE PLAN - REVISED PARKING Copy 2 11/25/2025 REVISION 1 - 3/11/2026 REVISION 2 - 7/1/2026 Page 15 of 15