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HomeMy WebLinkAbout017-O-22 Amending Title 6 of the City Code Concerning Administrative Review Use2/28/2022 17-0-22 AN ORDINANCE Amending Title 6 of the City Code Concerning Administrative Review Use NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 6-16-1-2 "Exemption From Off -Street Parking and Loading Requirements For Existing Buildings and Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-16-1-2. - EXEMPTION FROM OFF-STREET PARKING AND LOADING REQUIREMENTS FOR EXISTING BUILDINGS AND USES. Changes in the use or intensity of use of a building and/or land area, which do not include construction of a new building, or building addition (i.e., increase in gross floor area), shall be exempt from the parking and loading requirements of this Chapter, except in the following cases: GhaRgOG in UGe er iRteRSity ef a use regardiRg mediGal or deRtal effiG00 in tha (9 A) Changes in use to religious institution in the business, commercial, or downtown districts. (C B) Increases in density of a residential use outside of the downtown or research park districts. SECTION 2: Subsection 6-9-2-2 "Permitted Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-9-2-2. - PERMITTED USES. The following uses, provided they are seven thousand five hundred (7,500) square feet or less in size, are permitted in the B1 district: Artist studios and accessory dwelling units (provided the accessory dwelling unit shall not front upon any street). Page 1 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 17-0-22 Brew pub. Caterer. Cultural facility. Dwellings (when located above the ground floor). Educational institution —Private. Educational institution —Public. Food store establishment (with hours of operation between 6:00 a.m. and 12:00 midnight). Neighborhood garden. Office (when located above the ground floor). Residential care home —Category I (when located above the ground floor and subject to the requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title). Restaurant —Type 1. Retail goods establishment. Retail services establishment. SECTION 3: Subsection 6-9-2-2.5 "Administrative Review Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-9-2-2.5. - ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the B1 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Office (at the ground floor). Restaurant —Type 2. SECTION 4: Subsection 6-9-3-2 "Permitted Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: —2— Page 2 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 17-0-22 6-9-3-2. - PERMITTED USES. The following uses, provided they are twenty thousand (20,000) square feet or less in size, are permitted in the B2 district: Artist studios and accessory dwelling units (provided the accessory dwelling unit shall not front upon any street). Brew pub. Caterer. Cultural facility. Dwellings (when located above the ground floor). Educational institution —Private. Educational institution —Public. Financial institution. Food store establishment (with hours of operation between 6:00 a.m. and 12:00 midnight). Governmental institutions. Live -work units (subject to the general requirements of Section 6-4-13 of this Title). Neighborhood garden. Office (when located above the qround floor). Religious institution. Residential care home —Category I (when located above the ground floor and subject to the requirements of Section 6-4-4, "Residential Care Homes and Residential Residential Care Homes," of this Title). Restaurant —Type 1. Retail goods establishment. Retail services establishment. —3-r Page 3 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 17-0-22 SECTION 5: Subsection 6-9-3-2.5 "Administrative Review Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-9-3-2.5. - ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the B2 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Commercial indoor recreation. Office (at the around floor). Restaurant —Type 2. SECTION 6: Subsection 6-9-4-2 "Permitted Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-9-4-2. - PERMITTED USES. The following uses are permitted in the B3 district: Artist studios and accessory dwelling units (when the accessory dwelling unit is located above the ground floor). Brew pub. Caterer. Commercial indoor recreation. Cultural facility. Dwellings (when located above the ground floor). Educational institution —Private. Educational institution —Public. Financial institution. Food store establishment (with hours of operation between 6:00 a.m. and 12:00 midnight). Page 4 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 17-0-22 Government institution. Live -work units (subject to the general requirements of Section 6-4-13 of this Title). Neighborhood garden. Office (when located above the around floor). Residential care home —Category I (when located above the ground floor and subject to the requirements of Section 6-4-4, "Residential Care Homes and Child Residential Care Homes," of this Title). Restaurant —Type 1. Retail goods establishment. Retail services establishment. SECTION 7: Subsection 6-9-4-2.5 "Administrative Review Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-9-4-2.5. - ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the B3 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Office (at the around floor) Restaurant —Type 2 SECTION 8: Subsection 6-9-5-2 "Permitted Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-9-5-2. - PERMITTED USES. The following uses, provided they are twenty thousand (20,000) square feet or less in size, are permitted in the B1a district: Artist studios and accessory dwelling units (provided the accessory dwelling unit shall not front upon any street). Brew pub. —5— Page 5 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 17-0-22 Caterer. Cultural facility. Dwellings (above ground floor). Educational institution —Private. Educational institution —Public. Financial institution. Food store establishment (hours between 6:00 a.m. and 12:00 midnight). Governmental institutions. Live -work units (subject to the general requirements of Section 6-4-13 of this Title). Neighborhood garden. Offices (when located above the ground floor). Religious institution. Residential care home —Category I Restaurant —Type 1. Retail goods establishment. Retail services establishment. SECTION 9: Subsection 6-9-5-2.5 "Administrative Review Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-9-5-2.5. - ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the 131 a district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Commercial indoor recreation. Office (at the ground floor) Page 6 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 17-0-22 Restaurant —Type 2. SECTION 10: Subsection 6-10-3-2 "Permitted Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-10-3-2. - PERMITTED USES. The following uses are permitted in the C1a district: Brew pub. Business or vocational school. Caterer. Commercial indoor recreation. Commercial shopping center. Cultural facility. Dwellings (except that within the C1a district lying between Lee Street on the north and Kedzie Street on the south dwellings are only allowed when located above the ground floor). Educational institution —Private. Educational institution —Public. Financial institution. Food store establishment (with hours of operation between 6:00 a.m. and 12:00 midnight). Government institution. Hotel. Live -work units (subject to the general requirements of Section 6-4-13 of this Title). Neighborhood garden. Office (when located above the ground floor). —7— Page 7 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 17-0-22 Public utility. Religious institution. Restaurant —Type 1. Retail goods establishment. Retail service establishment. SECTION 11: Subsection 6-10-3-2.5 "Administrative Review Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-10-3-2.5. - ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the C1a district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Office (at the ground floor) Restaurant —Type 2 SECTION 12: Subsection 6-11-2-2 "Permitted Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-11-2-2. - PERMITTED USES. The following uses are permitted in the D1 district: Artist studio. Brew pub. Commercial indoor recreation. Cultural facility. Dwelling —Multiple -family. Financial institution. Food store establishment (provided the store shall not be opened for business later than 12:00 midnight CST). Page 8 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 17-0-22 Government institution. Hotel. Live -work units (subject to the general requirements of Section 6-4-13 of this Title). Membership organization. Office (when located above the qround floor). Public utility. Religious institution. Residential care home —Category I (subject to the general requirements of Section 6-4-4 of this Title). Residential care home —Category II (subject to the general requirements of Section 6-4-4 of this Title). Restaurant —Type 1. Retail goods establishment. Retail services establishment. SECTION 13: Title 6 of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended to add Subsection 6-11-2-2.5 "Administrative Review Uses" as follows: 6-11-2-2.5 — ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the D1 district, subiect to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Office (at the ground floor) SECTION 14: Subsection 6-11-4-2 "Permitted Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-11-4-2. - PERMITTED USES. Page 9 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 17-0-22 The following uses are permitted in the D3 district: Artist studio. Brew pub. Commercial indoor recreation. Commercial parking garage. Cultural facility. Dwellings (when located above the ground floor). Financial institution. Food store establishment. Funeral services excluding on site cremation. Government institution. IMrem-1 Live -work units (subject to the general requirements of Section 6-4-13 of this Title). Medical broadcasting station. Membership organization. Office (when located above the ground floor). Public utility. Residential care home —Category I (when located above the ground floor and subject to the general requirements of Section 6-4-4 of this Title). Restaurant —Type 1. Retail goods establishment. Retail services establishment. _10- Page 10 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 17-0-22 SECTION 15: Subsection 6-11-4-2.5 "Administrative Review Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-11-4-2.5. - ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the D3 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Office (at the around floor) Restaurant —Type 2 SECTION 16: Subsection 6-11-5-2 "Permitted Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-11-5-2. - PERMITTED USES. The following uses are permitted in the D4 district: Artist studio. Brew pub. Commercial indoor recreation. Cultural facility. Dwelling (when located above the ground floor). Financial institution. Food store establishment. Government institution. Hotel. Live -work units (subject to the general requirements of Section 6-4-13 of this Title). Membership organization. Office (when located above the around floor). -11- Page 11 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 17-0-22 Public utility. Residential care home —Category I (when located above the ground floor and subject to the general requirements of Section 6-4-4 of this Title). Restaurant —Type 1. Retail goods establishment. Retail services establishment. SECTION 17: Subsection 6-11-5-2.5 "Administrative Review Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-11-5-2.5. - ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the D4 district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Office (at the qround floor) Restaurant —Type 2 SECTION 18: Subsection 6-12-2-2 "Permitted Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-12-2-2. - PERMITTED USES. The following uses are permitted in the RP district: Brew pub. Commercial indoor recreation. Commercial parking garage. Conference facility (college/university). Conference facility (noncollege/university). Cultural facility. Daycare center —Adult (subject to the general requirements of Section 6-4-3, "Adult Daycare Homes," of this Title). -12- Page 12 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 17-0-22 Daycare center —Child (subject to the general requirements of Section 6-4-2, "Child Daycare Homes," of this Title). Dwellings —Multiple -family. Financial institution. Government institution. Hotel. Industrial service establishments. Light manufacturing. Live -work units (subject to the general requirements of Section 6-4-13 of this Title). Neighborhood garden. Office (when located above the qround floor). Pharmaceutical manufacturing. Public transportation center. Public utility. Research and development industries. Restaurant —Type 1. Retail goods establishment. Retail services establishment. Single-family attached dwelling unit. Warehouse establishment. Wholesale goods establishment. -13- Page 13 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 17-0-22 SECTION 19: Subsection 6-12-12-2.5 "Administrative Review Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-12-2-2.5. - ADMINISTRATIVE REVIEW USES. The following uses may be allowed in the RP district, subject to the provisions set forth in Section 6-3-5-16, "Administrative Review Uses," of this Title: Office (at the ground floor) Restaurant —Type 2 SECTION 20: Subsection 6-15-14-5 "Additional Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-15-14-5. - ADDITIONAL USES. (A) Uses listed under "additional permitted uses" in Table 1 of this Section shall be permitted in the oCSC district, in the indicated subarea. These uses are in addition to those permitted in the base zoning district. (B) Uses listed under "additional special uses" in Table 1 of this Section may be allowed in the oCSC district in the indicated subarea subject to the general provisions set forth in Section 6-3-5 of this Title, and the special provisions contained herein. (C) Uses listed under "additional administrative review uses" in Table 1 of this Section may be allowed in the oCSC district in the indicated subarea subject to the general provisions set forth in Section 6-3-5-16 of this Title, and the special provisions contained herein. TABLE 1: ADDITIONAL USES Subarea Additional Permitted Uses Additional Special Uses Additional Administrative Review Uses 1 None None None 2 None None None -14- Page 14 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 17-0-22 3 Retail goods establishment (on ground floor only) Retail services establishment (on ground floor only) 0 5 101 7 Specialty food store Specialty food store Automobile service station Specialty food store Specialty food store Specialty food store Cultural facility Dormitory Performance entertainment venue Cultural facility Performance entertainment venue Cultural facility Performance entertainment venue Cultural facility Performance entertainment venue Cultural facility Performance entertainment venue Commercial indoor recreation None Office (at the around floor NGR8 Office (at the around floor Nene Office (at the around floor Commercial indoor recreation SECTION 21: Subsection J of Section 6-3-5-16 "Administrative Review Uses" of the Evanston City Code of 2012, as amended ("City Code"), is hereby amended as follows: 6-3-5-16. - ADMINISTRATIVE REVIEW USES. (J) Standards for Administrative Review Use. Any administrative review use proposed pursuant to this Section shall be required to meet the general standards for administrative review uses. In considering an administrative review use, the Zoning Administrator, Community Development Director, and City Manager or his/her/their designee may approve such administrative review use with conditions pursuant to Section 6-3-5-16(H) only upon finding that the application complies with the standards set forth below: 1. The use shall not cause a negative cumulative effect on surrounding properties or the immediate neighborhood. 2. The use shall not interfere with or diminish the value of properties in the area. -15- Page 15 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 17-0-22 3. The use shall not cause undue traffic, parking congestion or noise. 4. The use shall comply with the purposes and policies of the adopted Comprehensive General Plan. 5. The use shall be appropriate when considering the surrounding vacancy rate, public health concerns, other and nearby uses. The Zoning Administrator, Community Development Director, and City Manager or his/her/their designee shall deny or defer to the special use process any administrative review use that does not comply with the standards for administrative review use based on the documentation provided within the application. SECTION 22: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 23: 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. Introduced: February 28 Adopted: March 28 Attest: i Stephanie Mendoza, City Clerk , 2022 Approved: , 2022 4/10 l cancel I&IJ Daniel Biss, Mayor Approved as to form: 12022 A'zMdal 6. Cwn O Nicholas E. Cummings, Corporation Counsel Page 16 of 22 -16- Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 17-0-22 Page 17 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 v ca m w 0 N N Covid Test Site Inquiries Dec 2021 - current Address Zoning Approval Notes: Status 717 Main St. Yes - Admin Review Use finalized parking lease with COE never opened 717 Main St. Yes - Admin Review Use finalized parking lease with COE never opened 1962 Dempster St. Yes compliant parking at Evanston Plaza open 830 Davis St. Yes open 830 Davis St. Yes transferred to 1630 Maple location closed 1630 Maple Ave. Yes closed 2515 Gross Point Rd. Yes has required parking lease with COE open 1043 Chicago Ave. Needs Parking working on lease with Jewel 908 Sherman Ave. Yes parking lease with COE at 811 Main almost open 908 Sherman Ave. Needs Parking working on required parking lease 2454 Oakton Ave. Yes (accessory use) for Quad Indoor Sports; not for the public 1623 Simpson St. Needs Parking 900 Chicago Ave. Needs Parking 1801 Dempster St. Needs Parking finalizing parking lease with 1235 Dodge 809 Chicago Ave. Yes has required parking lease with COE 1016 Davis St. needs zoning analysis - Admin Review Use Levy Center Fieldhouse Yes (accessory use) 1000 Foster St. Yes parking lease with 909 Foster and 2002 Maple almost open 1717 Howard St. Yes 1633 Oak Ave. Yes 832 Dempster St. needs zoning analysis and parking - Admin Review Use 2914 Central St. Yes 2nd floor - Changed from Mobile Concept almost open 618 Davis St. Yes - Admin Review Use 1942 Maple Ave. needs parking working on parking lease with NU 620 Grove St. zoning analysis submitted - Admin Review Use withdrawn Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 Full Zoning Map with zoom -in capabilities: click here Central Street Corridor Zoning: B1a Business District, 01Office District, C2 Commercial District, Central Street Corridor Overlay District Downtown Area Zoning: D1 Downtown Fringe District, D2 Downtown Retail Core District, D3 Downtown Core Development District, D4 Downtown Transition District, 01 Office District Small Neighborhood Commercial Area Zoning: B2 Business District, C1a Commercial Mixed -Use District Page 19 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 Main -Dempster Corridor Area Zoning: B1 Business District, B1a Business District, B2 Business District, C1a Commercial Mixed -Use District, Main -Dempster Overlay District Small Neighborhood Commercial Area Zoning: B1 Business District Larger Scale Commercial Area Zoning (Auto -Oriented): C1 Commercial District, C2 Commercial District, MXE Mixed -Use Employment District cl R 2 R3 12 C c1 13 /�\li \ V 1 R2 ■ a Howard Street Corridor Area Zoning: B2 Business District, B3 Business District Larger Scale Commercial Area Zoning (Auto -Oriented): C1 Commercial District Page 20 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 DRAFT - NOT APPROVED MEETING MINUTES EXCERPT LAND USE COMMISSION Wednesday, February 23, 2022 City of �' 7:00 PM Evanston Via Virtual Meeting Members Present: Myrna Arevalo, Violetta Cullen, George Halik, John Hewko, Brian Johnson, Jeanne Lindwall, Max Puchtel, Matt Rodgers, Kristine Westerberg Members Absent: Kiril Mirintchev, Jill Zordan Staff Present: Melissa Klotz, Meagan Jones, Katie Ashbaugh, Brian George Presiding Member: Matt Rodgers Call to Order Ms. Jones opened the meeting at 7:00pm. A roll call was done and a quorum was present. Approval of February 9, 2022 Meetinq Minutes Commissioner Lindwall made a motion to approve the Land Use Commission meeting minutes from February 23, 2022. Seconded by Commissioner Westerberg. A roll call vote was taken and the motion passed, 5-0, with 4 abstentions. New Business D. Text Amendment: Text Amendment I Office and Medical Office Uses 22PLND-0007 City initiated Text Amendment to the Zoning Ordinance, Title 6 of the City Code, to modify the parking requirement for Medical Office Uses in existing structures, and to change ground -floor permitted Office Uses in non- residential and non -university districts to Administrative Review Uses. The Land Use Commission makes a recommendation to the City Council, the determining body for this case per Section 6-3-4-6 of the Evanston Zoning Ordinance and Ordinance 92-0-21. Ms. Klotz provided an overview of the proposed text amendment, explaining what triggers additional parking requirements for certain uses, including medical offices in nearly all zoning districts (with the exception of downtown and industrial districts). She then explained that determining parking requirements for a change in use can take a fair amount of time and applicants may have to go searching for additional parking within 1,000 feet of the site. Ms. Klotz then clarified that the proposed text amendment would remove the requirement for additional parking and just enable use of the existing parking, something which is done for most other uses. The second part of the text amendment is Page 1 of 2 February 9, 2022 Land Use Commission Meeting Page 21 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6 DRAFT - NOT APPROVED to make ground floor offices, which are currently permitted, into Administrative Review uses. This would still provide a provision for the Land Use Commission to review through the regular Special Use process should the Zoning Administrator deem it necessary. The hearing was open to questions from the Commission. Commissioner Lindwall expressed that she is glad to hear the Administrative Review process is working well and inquired if there have been any issues. Ms. Klotz responded that there have not been any issues so far and the process is working well. There have been no outright denials, however, there have been some interested parties told she was not comfortable approving the use at a particular location and those parties have found better sites. Commissioner Lindwall then added that with changes to how medical offices are operating it makes sense to make this change. Chair Rodgers stated he is fine giving a little more discretion to staff for these types of issues and that staff is wise enough to determine when to direct items to the Land Use Commission as a Special Use or provide additional guidance on finding a different location. Being that there were no members of the public wishing to speak on this item, the record was then closed. The Commission then reviewed the standards for approval and found that they had each been met. Commissioner Lindwall made a motion to recommend approval of the proposed text amendment. Seconded by Commissioner Westerberg. A roll call vote was taken and the motion was approved unanimously, 9-0. Respectfully submitted, Meagan Jones, Neighborhood & Land Use Planner Page 2 of 2 February 9, 2022 Land Use Commission Meeting Page 22 of 22 Doc ID: 74a04b7cfa2115bc12f866337bd3e8f370d140f6