HomeMy WebLinkAboutOrdinance 77-O-26, Approving an Amendment to A Planned Development and A New Planned Development at 1620-1640 Chicago Avenue (1) (1)
09/28/2026
77-O-26
AN ORDINANCE
Approving an Amendment to A Planned Development and A New
Planned Development at 1620-1640 Chicago Avenue in the D3
Downtown Core Development 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 ordinances and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; and
WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970,
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
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
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77-O-26
WHEREAS, the City Council previously enacted Ordinance 59-O-93,
attached hereto as Exhibit 1 and incorporated herein by reference, which granted a
Special Use Permit for a Planned Development (the “Planned Development”) at 1660
Chicago Avenue, which is legally described in Exhibit 1; and
WHEREAS, Ordinance 59-O-93 approved the construction of a residential
development consisting of 304 dwelling units with 304 parking spaces and an FAR of
7.9, and a height of 221 feet, which is detailed at length in Exhibit 1; and
WHEREAS, in 1994, City Council approved Ordinance 72-O-94, attached
hereto as Exhibit 2 and incorporated herein by reference, which approved a revised site
plan for the Planned Development at 1660 Chicago Avenue, which is detailed at length
in Exhibit 2; and
WHEREAS, in 1995, City Council approved Ordinance 53-O-95, attached
hereto as Exhibit 3 and incorporated herein by reference, which amended the project
phasing for construction of the Planned Development at 1660 Chicago Avenue, which is
detailed at length in Exhibit 3; and
WHEREAS, the Applicant, Karl Camillucci (“the Applicant”), attorney for
the owner, MSVEF-MF Evanston IL LP, has proposed a subdivision of the parcel which
would create two (2) lots of record: Lot 1, consisting of the existing commercial space
(currently occupied by Whole Foods) and associated parking; and Lot 2: consisting of
the existing multi-family building, commercial space and associated parking; and
WHEREAS, no new development is planned for either lot; however, the
current Planned Development would be amended under the subdivision to include only
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77-O-26
Lot 2 and triggers the need for a Site Development Allowance pursuant to Section 6 -11-
4-4 to allow 283 existing dwelling units where 157 maximum units would be permitted
on the lot; and
WHEREAS, the subdivision also establishes the need for new approval of
the existing Planned Development for Lot 1 which is zoning compliant; and
WHEREAS, the Applicants request amendment to Ordinances 59-O-93,
72-O-94, and 53-O-95 (the “Previously Approved Ordinance”); and
WHEREAS, the Previously Approved Ordinances are pieces of legislation
enacted by the City Council of the City of Evanston, subject to revision only by said City
Council; and
WHEREAS, on September 9, 2026, 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
no. 26PLND-0044 to consider Applicant’s application for an amendment to the existing
Planned Development with a Site Development Allowance and approval of a Planned
Development, heard testimony and public comment and made written minutes, findings,
and recommendations; and
WHEREAS, after having considered the evidence presented, including the
exhibits and materials submitted, and public testimony provided, t he LUC made the
following findings per Sections 6-3-5-10 of the Zoning Ordinance:
1. It is one of the special uses specifically listed in the zoning ordinance: This
standard is met.
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77-O-26
2. It is in keeping with the purposes and the policies of the Comprehensive
General Plan and the Zoning ordinance as amended from time to time: The
Commission believes this standard is met.
3. It will not cause a negative cumulative effect, when its effect is considered in
conjunction with the cumulative effect of various special uses of all types in
the immediate neighborhood and the effect of the proposed type of special
use upon the City as a whole: The Commission believes this standard is met.
4. Does not interfere with or diminish the value of property in the neighborhood:
The Commission believes this standard is met.
5. Can be adequately served by public facilities and services: The Commission
believes this standard is met.
6. Does not cause undue traffic congestion: The Commission believes this
standard is met.
7. Preserves significant historical and architectural resources: The Commission
believes this standard is met.
8. Preserves significant natural and environmental features: The Commission
believes this standard is met.
9. Complies with all other applicable regulations of the district in which it is
located and other applicable ordinances, except to the extent such
regulations have been modified through the planned development process or
the grant of a variation: The Commission believes this standard is met.
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 6-3-6-9 of the Zoning Ordinance:
1. The requested Site Development Allowance(s) will not have a substantial
adverse impact on the use, enjoyment or property values of adjoining
properties that is beyond a reasonable expectation given the scope of the
applicable Site Development Allowance(s) of the Planned Development
location: The Commission believes the standard is met.
2. The proposed development is compatible with the overall character of existing
development in the immediate vicinity of the subject property: The
Commission believes the standard is met.
3. The development site circulation is designed in a safe and logical manner to
mitigate potential hazards for pedestrians and vehicles at the site and in the
immediate surrounding area: The Commission believes the standard is met.
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4.The proposed development aligns with the current and future climate and
sustainability goals of the City: The Commission believes that the standard
will be met.
5.Public benefits that are appropriate to the surrounding neighborhood and the
City as a whole will be derived from the approval of the requested Site
Development Allowance(s): The standard is met.
WHEREAS, the Land Use Commission recommended City Council
approval, with eight (8) yay votes and one (1) Commissioner absent, to consider
Applicant’s application for an amendment to the existing Planned Development with a
Site Development Allowance, and approval of a Planned Development; and
WHEREAS, on September 28, 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 request; and
WHEREAS, during said meeting, the P&D Committee received input from
the public, carefully deliberated on the amendment, and recommended approval thereof
by the City Council; and
WHEREAS, at its meetings on September 28 and October 14, 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),
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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 Planned Development previously
authorized by Ordinances 59-O-93, 72-O-94, and 53-O-95; and establishes a new
planned development to allow for subdivision of the parcel which would create two (2)
lots of record: Lot 1, consisting of the existing commercial space (currently occupied by
Whole Foods) and associated parking; and Lot 2: consisting of the existing multi-family
building, commercial space and associated parking.
SECTION 3: The City Council hereby grants the following Site
Development Allowance to the planned development previously authorized by
Ordinances 59-O-93, 72-O-94, and 53-O-95:
(A) Number of Dwelling Units Per Lot Size: A Site Development Allowance is
hereby granted to allow 283 existing dwelling units where 157 maximum units
would be permitted on the lot pursuant to Section 6-11-4-4 of the Zoning Code.
SECTION 4: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council imposes the following conditions, and violation of any of which shall
constitute grounds for penalties or revocation of said Special Use Permit pursuant to
Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance:
(A) Recordation of Plat: Once approved, the Applicant shall execute and record a
Final Plat with Cook County and provide the City with a recorded copy.
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77-O-26
(B) Recordation of Ordinance: Pursuant to Subsection 6-3-6-10 of the Zoning
Ordinance, the Applicant shall, at its cost, record a certified copy of the Planned
Development ordinance, including all exhibits attached thereto, with the Cook
County Clerk.
SECTION 5: All other conditions on the Special Use Permit imposed
pursuant to Subsection 6-3-5-12 of the Zoning Ordinance by City Council in Ordinances
59-O-93, 72-O-94, and 53-O-95 remain applicable to the Planned Development,
SECTION 6: Except as otherwise provided for in this 77-O-26, all other
applicable regulations of the Ordinances 59-O-93, 72-O-94, and 53-O-95, the Zoning
Ordinance, and the entire City Code shall apply to the Subject Property and remain in
full force and effect with respect to the use and development of the same. To the extent
that the terms and/or provisions of any of said documents conflict with any of the terms
herein, this Ordinance 77-O-26 shall govern and control.
SECTION 7: 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.”
SECTION 8: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
SECTION 9: 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.
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77-O-26
SECTION 10: All ordinances or parts of ordinances that are in conflict
with the terms of this ordinance are hereby repealed.
SECTION 11: 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 Cit y 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
September 28
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October 12
77-O-26
EXHIBIT 1
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59-0-93
AN ORDINANCE
Granting a Special Use for a Planned Development
for the Church & Chicago Limited Partnership
at 1660 Chicago Avenue
WHEREAS, the Church & Chicago Limited Partnership submitted an
application for a planned development and variations from the
building height regulations from the Zoning Ordinance; and
WHEREAS, the Evanston Plan Commission reviewed the said
application at their meeting of December 9, 1992; and
WHEREAS, the Evanston Zoning Board of Appeals conducted public
hearings on January 19, 1993, February 25, 1993, and March 11,
1993; upon the application of the Church & Chicago Limited
Partnership for the planned development and variations of the
Zoning Ordinance to permit construction of a Phase I mixed use
development consisting of a maximum building height of 295 feet,
304 dwelling units,•304 parking spaces, and a FAR of 7.09; and a
Phase IIA development of 295 feet, 200 dwelling units, 20,000
square feet of gross commercial area, 200 parking spaces, and total
FAR of 7.9; or a Phase IIB development of 215 feet, 200 dwelling
units and 200 parking spaces and total FAR of 7.9, or a Phase IIC
development of 60 feet, 200 dwelling units, and a total FAR of 7.9;
and
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WHEREAS, the Zoning Board of Appeals recommended the granting
of the Phase I Planned Development which would allow a building
height of 221 feet, 304 dwelling units, 304 parking spaces, a
commercial building and a FAR of 7.0 and to deny the variations;
and grant the Phase IIA planned development of 295 feet, 200
dwelling units, 20,000 square feet of gross commercial area, and
200 parking spaces, and to deny the height variation; and to deny
the Phase IIB planned development and to deny the Phase IIC planned
development; and
WHEREAS, the Planning and Development Committee of the City
Council of Evanston has considered the application, submitted
documents, and testimony; and 0
WHEREAS, the City Council has determined that the approval of
a planned unit development as hereinafter set forth is in the best
interests of the City of Evanston;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION ONE: That a Planned Development be and it is hereby
approved to permit the construction of a residential development
consisting of 304 dwelling units with 304 parking spaces and an FAR
of 7.9, and a height of 221 feet on the property legally described
as:
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3-
LOTS 11 12, 13, 14, 15 AND 16 IN BLOCK 19 IN THE ORIGINAL VILLAGE
NOW CITY) OF EVANSTON IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS."
commonly known as 1660 Chicago Avenue, subject to the following
conditions:
1. The proposed parking structure shall be of sufficient
size and structural capability to accommodate off-street
parking for both Phase I and Phase II of the project;
2. Off-street parking spaces for the residential uses in
Phase I and Phase II shall be supplied at the rate of not
less than one space per dwelling unit;
3. Off-street parking for the retail or commercial use
shall be supplied at the rate of one parking space for
each of 800 square feet of such floor area in excess of
2,000 square feet;
4. The first four floors of the proposed towers and
commercial buildings facades shall be of brick,
limestone, or material of a similar quality;
5. The first floor frontage of the proposed Phase I
commercial building shall be limited to retail uses only;
I
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4-
6. The north and east facades of the proposed parking
structures shall be of materials compatible to that of
the front elevation;
7. Best efforts shall be used to maximum ground level
retail use(s) in Phase II on the Church and Chicago
frontages and shall be developed to the lot line;
8. Landscaping shall be provided on all undeveloped
portions of the property;
9. The project phasing shall be as follows: (a)
construction of Phase I as hereinabove described shall
commence within twenty-four months of the date of this
ordinance and construction shall have been deemed to have
commenced upon the issuance of a building permit and the
beginning of construction as indicated by excavation or
other substantial work, and (b) the entire project shall
be completed within a period of eight years from adoption
of this Ordinance;
10. The lots comprising the property shall be
consolidated prior to issuance of any building permits.
SECTION TWO: The Planned Development herein approved shall be
Phase I of the development of said entire parcel and shall be
Page 13 of 31
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Page 14 of 31
Page 15 of 31
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constructed in substantial compliance with the plans attached
hereto and made part of this Ordinance as Exhibit A.
SECTION THREE: That the remaining development of said parcel,
as hereinabove described, shall be in accordance with the Zoning
Ordinance of the City of Evanston then in full force and effect at
such time as plans are submitted for successive phases of
development, and nothing in this Ordinance shall preclude the
application of the then existing Zoning Ordinance to subsequent
development on said parcel, except that the parking requirements
for residential uses shall not be reduced below one space per
dwelling unit and off-street parking for the retail or commercial
use shall not be reduced lower than one parking space for each 800
square feet of such floor in excess of 2,000 square feet."
SECTION FOUR: . That the development herein approved is
contemplated for development pursuant to a tax increment financing
district to be established by the City of Evanston, provided,
however, that the developer may, at its sole discretion, develop
said property in accordance with the planned unit development
herein approved without the establishment of such tax increment
financing district.
SECTION FIVE: The Director of Building and Property Services
is hereby directed to issue appropriate permits upon proper
application for the implementation of the Planned Development
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herein approved.
SECTION SIX: This ordinance shall be in full force and effect
from and after its passage, approval and publication in pamphlet
form in the manner provided by law.
AYES:
NAYS:
PASSED & APPROVED this 14th day of June, 1993.
Mayor
ATTES
City Clerk
e
i
Page 17 of 31
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herein approved.
SECTION SIX: This ordinance shall be in full force and effect
from and after its passage, approval and publication in pamphlet
form in the manner provided by law.
AYES: Guthrie, Heydemann, Moran, Engelman, Drummer
NAYS: Kent, Holsman, Feldman, Newman
PASSED & APPROVED this 14th day of June, 1993.
e" R.t i..-Ci
Mayor
ATTES
c
City Clerk
Page 19 of 31
77-O-26
EXHIBIT 2
Page 20 of 31
7-14-94
7/20/94
72-0-94
AN ORDINANCE
Amending the Site Plan to Ordinance
59-0-93, The Planned Development for 1660 Chicago Avenue
WHEREAS, on June 14, 1993, the City Council pursuant to
Ordinance 59-0-93 granted a special use for a planned development
at 1660 Chicago Avenue to the Church and Chicago Limited
Partnership; and
WHEREAS, on June 2, 1994, the Church and Chicago Limited
Partnership requested revisions to the site plan (as set forth in
Exhibit A); and
WHEREAS, on July 13, 1994, the Evanston Plan Commission
reviewed the application for revisions to the site plan; and
WHEREAS, on July 13, 1994, the Evanston Plan Commission
recommended that the Planning and Development Committee recommend
City Council approval of the revised site plan with certain
conditions; and
WHEREAS, the Planning and Development Committee, on July
18, 1994, considered the request for revisions to the site plan and
the recommendations with conditions of the Evanston Plan Commission
as well as documents and testimony; and
WHEREAS, the City Council has determined that the
approval of the revised site plan with conditions as set forth
hereinafter is in the best interest of the City of Evanston.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
Page 21 of 31
SECTION 1: That the revised site plan as set forth in •
Exhibit A and attached hereto by reference be approved subject to
the following conditions:
1. Landscaping for Phase I and Phase II shall be in
accordance with the Downtown Plan. In addition, the Phase
I developed site shall be landscaped according to plans
submitted prior to issuance of a building permit.
Landscaping of undeveloped areas on the Phase II site
shall be consistent with landscaping proposed under
Ordinance 59-0-93, including any installation of trees.
2. There shall be a consistent and continuous facade
treatment in the elevation of the buildings to be
constructed along Chicago Avenue, including the proposed
parking garage.The southern facade of the parking garage
shall be compatible with the facade treatment along
Chicago Avenue.
3. The lighting of the parking garage and the vehicle
headlights shall be shielded so as to not be directly
visible from Chicago Avenue. This shall require
louvering. The petitioner shall demonstrate compliance
with this requirement before a building permit is issued
for the parking structure. •
SECTION 2: That the revised site plan with conditions
adopted herein be substituted for the site plan set forth in
Ordinance 59-0-93. That the conditions imposed by Ordinance 59-0-93
remain unchanged by this ordinance and in full effect.
The intent of the City Council by adoption of this Ordinance
72-0-94 is to amend Ordinance 59-0-93 by substitution of the site
plan and conditions adopted herein for the site plan set forth in
59-0-93; all other actions enacted by 59-0-93 remain in full
effect.
SECTION 3: All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
2
Page 22 of 31
SECTION 4: This ordinance shall be in full force. and
effect from and after its passage, approval, and publication in the
manner provided by law.
a.
Introduced: 1994
1994
p
A ed: / 1994
Mayor
ATTE T•
elf,
Ci"y Clerk
Ap ved as to fo
Corporation 66unsel
Adopted:
3
Page 23 of 31
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77-O-26
EXHIBIT 3
Page 25 of 31
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5-19-95
53-0-95
AN ORDINANCE
Amending Ordinance 72-0-94 Amending the Site Plan
for 1660 Chicago Avenue and Amending Ordinance 59-0-93:
Granting A Special Use for a Planned Development for
the Church and Chicago Limited Partnership at 1660 Chicago Avenue
WHEREAS, on June 14, 1993, the City Council pursuant to
Ordinance 59-0-93, granted a special use for a planned development
at 1660 Chicago Avenue to the Church and Chicago Limited
Partnership; and
WHEREAS, on August 8, 1994, the City Council adopted
Ordinance 72-0-94, which amended the site plan to Ordinance 59-0-
93, the Planned Development for 1660 Chicago Avenue; and
WHEREAS, Ordinance 59-0-93 set forth the project phasing
which included the construction of Phase I beginning within 24
months of the date of that ordinance and/or June 15, 1995; and
WHEREAS, the Developer has diligently pursued financing for
the Project and is currently negotiating with, various funding
sources; and
WHEREAS, the Developer has represented that it anticipates
receiving financing in the near future; and
WHEREAS, the Church and Chicago Limited Partnership has
requested revisions to the timetable; and
WHEREAS, the City Council has determined that the approval
of the revised timetable is in the best interest of the City of
Evanston;
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9
0
53-0-95
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the Planned Development as provided for in
Ordinance 59-0-93 and as amended in Ordinance 72-0-94 remain
unchanged by this ordinance, except as follows, the City Council
having found that good cause exists for said amendment, permitted
by Section 6-11-1-10(A)(4) of the Zoning Ordinance:
a) SECTION 1, paragraph 9 of Ordinance 59-0-93, which
reads as follows, is hereby deleted:
1.9 "The project phasing shall be as follows: (a)
construction of Phase I as hereinabove described shall
commence within twenty-four months of the date of this
ordinance and construction shall be deemed to have
commenced upon the issuance of a building permit
and the beginning of construction as indicated by
excavation or other substantial work, and (b) the entire
project shall be completed within a period of eight years
from adoption of this Ordinance;"
and the following hereby substituted therefor:
A. Construction of Phase I as herein above described
shall commence 120 days from the effective date of this ordinance;
construction shall be deemed to have commenced upon the issuance of
a building permit and the beginning of construction as indicated by
demolition and/or excavation or other substantial work; and
B. The entire project shall be completed within a
2
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53-0-95
period of six years and 120 days from the effective date of this
ordinance;
SECTION 2: All ordinances or parts of ordinances in
conflict are hereby repealed.
SECTION 3: This ordinance shall be in full force and
effect from and after its passage, approval and publication in the
manner provided by law.
Introduced
Adopted:
2i 2-
Z- 2--
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ATTEST:
J /' City C erk
Ap oved as to f
Corporation Counsel
1995
1995
App ved: , 1995
3
Mayor
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