Unplanned Developments

By Joe Linstroth

As residents and City officials debate the future of Evanston in various plans, public meetings and charettes, a look back at one recently completed project offers some insight into what may lie ahead for the community.

Analysis

The RoundTable's examination of the 7-story, 77-unit mixed-use condominium building at 900 Chicago Ave. shows that no matter how grand the plan or how honorable the intention, in the complex world of real estate development, someone always goes home unhappy.

A shift in plans
In 2001, Kevin Pearson and Stephen Mullins, curator of the Toby Jug museum in Evanston, approached City officials with a proposal to give the Great Bank Evanston building on the northwest corner of Chicago Avenue and Main Street a heavy-duty makeover. The proposal sought to strip the building down to its skeleton, built in the 1920s, and utilize the original bricks. The project included 14 luxury condominiums, ground-floor retail space and plans to turn the bank vault into a new home for the museum. The ambitious plan drew significant praise from the community.

"[The proposal] got everybody excited, and with good reason: It was well worth it," recalled Lawrence Widmayer, currently an associate member of the Plan Commission who was a voting member of the body at the time.

Alderman Steven Bernstein, whose Fourth Ward borders the site to the west, was involved in the early discussions of the project. "[Their] intentions were honorable," he said of Mr. Pearson and Mr. Mullins.

Further exploration of the structure, however, revealed the foundation was inadequate to support the proposed restoration. "There weren't sufficient underpinnings to hold the 6 or 7 stories," Ald. Bernstein told the RoundTable.

Melissa Wynne, alderman of the Third Ward, where the site is located, was also involved early in the project's development. "The original proposal was not feasible, from an engineering standpoint," she said. "What they wanted to do was preserve the old bank building and build a modern two stories on top. The foundation wouldn't support it."

Ald. Bernstein said when the cost of restoring the bank became prohibitive, Mr. Mullins and Mr. Pearson joined with developer Robert Matthews, principal of Matthews Development Corporation, a Chicago-based real estate company, and the Blue Water Companies, another development firm. After acquiring the parking lot just north of the bank, the group submitted a new proposal to the City.

"All of a sudden, what was once a historical preservation was now glitz and glass," said Ald. Bernstein.

Getting into specifics
When the City Council approved the ordinance for the site's Planned-Unit Development (PUD) in July 2003, it was one of the most specific of its kind ever issued by the City. The ordinance spelled out in minute detail where the building setbacks should be, the location of the garage doors, and the specific glass and brick requirements, down to the color and brand: "All brick visible from the public way shall be substantially consistent with the domestic residential size, quality and color of Glen Garry's Tuscan series in Smoky Quartz color."

"Some of the point was to prevent smaller changes," said Ald. Wynne, citing higher quality bricks and glass, in order to "guarantee the things [he] pledged to me."

"All of a sudden, what was once a historical preservation was now glitz and glass," said Ald. Bernstein.

It appears from looking at the ordinance that "greening" of the development was a significant concern at the time it was approved by City Council on July 14, 2003.

The final version required the group to contribute $70,000 worth of landscaping in accordance with the Chicago Avenue Plan, a redesign of the Chicago Avenue corridor passed by the Council in 2000. Ald. Wynne said the contribution was incorporated into the design and used for brickwork, tree grates and other landscaping at the ground level of the site.

There is also a section of the ordinance that requires the terrace planters be maintained in "good and sightly condition," and that "any plant planted in the terrace planters that dies or fails to thrive ... shall be replaced during the earliest available planting season thereafter." A $500 fine was written into the ordinance for each violation -- the only requirement with such a specific penalty for a failure to comply. The fine was initially $5,000, according to earlier drafts in the Plan Commission transcripts.

In most renderings of the project, the planters along the third-floor terrace showed vines growing over the edge. Transcripts of the Plan Commission meetings also showed that the project's architect, David Brininstool of the Chicago-based design firm Brininstool and Lynch, spoke of installing an irrigation system on the third floor. The intention, said Ald. Wynne, was to have the third-floor balconies look "green from the street."

Mr. Widmayer could not recall ever having seen so much attention given to landscaping in a PUD ordinance. "Many times you will see reference to the landscape plan. I think this one is by far the most specific ever written," he said.

To understand why the ordinance was so specific, it is worth noting that it was issued in 2003, when many residents and local design professionals were voicing their unhappiness with the quality of the new buildings in Evanston.

"One of our concerns with PUDs was, it's the City's opportunity to have much more control over how a building is built," said Ald. Wynne. "There was a feeling that we were not exercising the control we have."

In response, the City's leaders and the Plan Commission considered establishing a binding appearance review committee, made up of local design professionals, that would ensure planned developments over a certain size met specific design requirements.

Later that year, the City Council, on the advice of corporation counsel Jack Siegel, chose not to implement binding review, fearing it could be challenged in court because of ambiguities in the proposed appearance standards, as well as legal concerns over the Council's abdicating final authority for such decisions.

Mr. Widmayer told the RoundTable, "The major reason why we went to planned developments for many more projects was primarily because it was an alternative to binding review. It was the City's mechanism to provide some control over appearance."

In the case of the 900 Chicago Avenue project, the City took the unusual step of hiring an outside consultant, Trista Kerr, an architect with the Evanston-based firm Kerr & Associates, to ensure the specific demands in the ordinance were met during the construction process. Ms. Kerr's oversight supplemented the "50-100" code inspections James Wolinski, the City's director of community development, said his department conducted throughout the construction of the building. Ms. Kerr acknowledged the City does not often hire outside consultants, but said they brought her in on the project because of the specific PUD ordinance and the number of downtown developments under way at the time. She confirmed the project met the requirements of the zoning ordinance.

Unresolved issues
Though residents began occupying the building in late 2005, Jill Chambers, assistant director of building and zoning, said the City in 2007 has yet to issue a temporary occupancy permit for one of the 77 units, as well as the final occupancy permit for the entire building. The reason, she said, is that a portion of the building has yet to be completed.

In November 2005 the CTA replaced the viaduct adjacent to the site, which left a portion of the building's iron sheet piles at the southwest corner exposed.

"We took it to the height the CTA recommended, but their final project went lower than expected," said Mr. Brininstool, referring to the grade of the embankment. "It is not an easy detail to fix," he said, likening it to painting oneself into a corner.

Carolyn Brzezinski, currently the director of building and development for the Village of Northbrook, was the City's assistant director of building and zoning in 2005. "They were not supposed to get the last occupancy permit until they finished that corner," she told the RoundTable. She said the City asked the developer to come forward with a proposal to resolve the problem. "We never did get that," she said.

Mr. Matthews acknowledged the corner still needs to be repaired, and said he has been trying to negotiate with the City and the CTA. "It wasn't really our responsibility," he told the RoundTable last November, "[but] we're going to bite the bullet, we're going to fix it." Asked when the repairs would begin, Mr. Matthews said, "We're hoping to do it before the year-end, weather permitting."

When she spoke with the RoundTable in late October, Ald. Wynne said she was unfamiliar with the issue of the exposed sheet piles. "I was not aware the building was deemed incomplete by the City's staff," she said.

Ms. Chambers acknowledged the building has passed all the necessary code inspections. Since the incomplete portion is an appearance matter and not related to Evanston building codes, there is little the City can do short of withholding the permits. "They can drag this out as long as they want," she said. In most circumstances, she said, developers are eager for her department to issue the occupancy permits as soon as possible. "Apparently, right now it's not that important to [Mr. Matthews]."

The delay appears to be the result of a recurring water incursion problem in the building. Mr. Matthews confirmed that he has been working with the building contractor, McShane Construction, for months to identify the sources of the leaks. He said there were leaks in several units in the building, as well as in the second-floor garage and one that originated from the third-floor terrace. "To my knowledge, they have all been fixed," he told the RoundTable in November.

Mr. Pearson, who manages the building's retail space with Mr. Mullins, said McShane Construction brought in consultants to help with the problem. "I've been quite impressed by McShane. They've been very honorable," he said.

Water has been an architectural nemesis since the invention of the roof. Mr. Brininstool said 80-90 percent of water problems in buildings originate from outdoor spaces, such as terraces or balconies. Though water incursion is not uncommon for new developments, Mr. Brininstool acknowledged the problem at 900 Chicago Avenue is severe in terms of how long it has taken to resolve.

The SPAARC approval appears to support the growing sense in the community that Evanston's reputation, once widely known to be strict on development, has eroded to the point where it is now the opposite.

Gary Bartell said he moved into a seventh-floor unit in November 2005. Beginning in September 2006 until this past October, when he spoke with the RoundTable, he said workers had torn apart his terrace on three separate occasions.

Frustrated at the lack of progress, Mr. Bartell said he stopped paying his association dues in June 2007. "My issue isn't with the association," he said. "But the association has leverage and a fair amount of power to resolve this issue." He said the association filed a lawsuit against him last fall for non-payment.

John Straus, president of the condominium association, declined to comment on the specifics of the dispute with Mr. Bartell, but said the association does not plan to seek compensation on behalf of any of its members. "[It is] not a question we're looking to answer at the moment," he said, adding that Mr. Matthews and McShane Construction have made a "good-faith effort" to solve the problem.

Mr. Matthews admitted the problem took longer to fix than they thought it would, but he reiterated there were no plans for compensation.

Representatives for McShane Construction did not respond to the RoundTable's requests for an interview.

Mr. Wolinski said the building's water incursion was a "quality-control issue" for the developer and did not pertain to City code. Any disputes, he said, between the building residents, the condominium association and the developer did not involve the City.

The unit for which the City is withholding the occupancy permit is located on the seventh floor.

Not just about the vines
On July 18, 2007, Mr. Straus and Brian Forgas, the condo board's treasurer, proposed landscape changes to the Site Plan and Appearance Review Committee (SPAARC).

According to the meeting notes, the third floor terraces "were originally to have planters with vines hanging down, but proposed vines can't live there." The board requested that the planters be removed along the front of the building and be replaced with gingko trees. The committee voted unanimously to approve the request.

"The intent was to have overhanging vines over the patio wall. That was not working out. In effort to keep a green facade, we came up with some alternatives," said Mr. Wolinski, who is a member of the committee. The residents were unhappy with the size of the containers, he said, and they were having difficulty keeping the plantings irrigated.

Ald. Wynne said she and Mr. Wolinski met with the building's landscape architect who presented them with an alternative design. "We didn't want to be unreasonable and make them plant something that would die," she said.

The City's landscape designer examined the terrace, Mr. Wolinski said, and confirmed the planters were not working.

Yet, despite the board's wishes and the findings of two architects, Mr. Matthews said he advised the board not to remove the vines because they were part of the plan. He said discussions with the condo board over who will assume the cost of the changes are still ongoing.

The SPAARC approval appears to support the growing sense in the community that Evanston's reputation, once widely known to be strict on development, has eroded to the point where it is now the opposite.

Asked if this was an example of the City's letting a developer, or in this instance, the condominium association, out of an obligation, Ald. Wynne said, "I think we are not letting them off the hook in requiring green. What we're doing is permitting them to have something that will achieve that goal."

"It is a very untenable requirement made practical," said Mr. Wolinski.

While the approved changes may be more practical and the green still visible from the street, the terrace planters seem to raise the broader issues of how, and under what circumstances, PUD ordinances can be amended once they have been approved by Council and whether SPAARC has such authority.

Mr. Wolinski told the RoundTable, "SPAARC can make binding minor adjustments to the plan."

Ald. Bernstein disagreed. "SPAARC does not have the authority to change an ordinance," he said. As for minor changes, he replied, "Who is to say what is minor?"

Sixth Ward Alderman Edmund Moran said SPAARC essentially has two roles: appearance review and site planning. In appearance review, SPAARC is "completely advisory." Where SPAARC has authority, he said, is in site-planning, which examines "the ingresses and egresses, is the building going to be safe, etcetera." Though he acknowledged a site plan could include a "broad variety" of concerns, Ald. Moran said, "I would be surprised if somebody thought that plantings of various sorts were part of the site plan."

It Appears Ambiguous
Asked whether the PUD process for 900 Chicago Avenue was effective, Ald. Wynne said, "In terms of the goals of the Chicago Avenue Corridor study - widening the sidewalk, improving the walkways, the siting of the building, the setback - it's better than what could have been built."

The City has since devised a shorter process, she said, but she still did not think it was good enough, adding that there needed to be better guidelines on massing and form. She said form-based zoning, like that proposed in the Downtown Plan, would help.

Commenting on the use of specific PUDs by the City to exert some control over appearance, Ald. Moran said, "I think sometimes we were able to have some success, but frequently didn't get the job done."

To assist in the planned development process, Ald. Moran said the City, shortly after the ordinance was passed for 900 Chicago Avenue, adopted a non-binding series of design recommendations that were brought to them by a committee led by Design Evanston.

"Since we approved them, I haven't seen a reference at all [from other developers]," he said. "I don't see it pulled out and said 'this is how it should be done.'"

Ald. Bernstein said the City's enforcement of design criteria is insufficient.

"We put a lot of time getting the building up, but unfortunately we forget about them," he said. "The City has never taken away a special-use permit - to my knowledge. The reality is, enforcement takes time, money and people and we don't have time, money and people."

David Galloway, president of Design Evanston and a member of the Plan Commission, said he would not be surprised if the City did not enforce appearance. "For example, the City has a signage ordinance of which there are a multitude of violations. For various incendiary reasons, the City has chosen not to enforce it."

Mr. Widmayer, on the other hand, had a different view. "On the whole, [enforcement] has been good," he said.

"Evanston is very careful with their PUDs," said Mr. Matthews, adding that the City was smart for using such specific ordinances.

As for 900 Chicago Avenue, Ald. Wynne said the building is not significantly different from what the group presented. "If I had my druthers, would I want a 282' building on Chicago Avenue? No I would not," she said. "[But] we were starting in a difficult position."

"At the end of the day, it wasn't the building they wanted," said Ald. Bernstein. "But it was the building they got."

Plan Commission Approves Tower Plan

By Mary Helt Gavin

Split along lines of age and gender, the City's Plan Commission voted 4-3 on Dec. 12 to approve the proposed 49-story mixed-use development for downtown Evanston. Several conditions were attached to the approval, and the lateness of the hour prevented a finding of fact, but the proposal will move in January to the Planning and Development Committee, composed of all nine aldermen.

The four men who voted in favor of the tower - David Galloway, Stuart Opdycke, Charles Staley and chairman James Woods - said they thought it would enhance the economy of the already vital downtown area.

There were two separate votes: one to amend the zoning ordinance for that parcel of land and a second to approve the tower. Both were approved 4-3.

The tower proposal will be reviewed as a planned development under the present zoning code, City officials have said. This has been described as a give-and-take process, under which the developer provides certain benefits to the City in exchange for zoning relief - primarily, in this case, added height.

Among the benefits offered by developers James Klutznick and Tim Anderson were the commitment to constructing a quality building that would be LEED-certified (Leadership in Energy and Environmental Design, a designation by the U.S. Building Code); creation of income (through the generation of increased property taxes) for the tax-increment financing district in which the property lies, which, they said, would provide direct help in the redevelopment of Fountain Square; the purchase of the adjacent Hahn building and the preservation of it, thus, they said, preventing further development on the Fountain Square block.

Speaking for the developers, attorney Steve Friedlander said the tax increment on the tower as proposed would be about $3.2 million annually. If the developers built as of right, he said, "the increment would be about $412,000." In addition, the mandated one-time contribution to the City's affordable housing fund would be about $800,000, since the developers would not build affordable units in the tower.

Fire Chief Alan Berkowsky had previously brought to the attention of the developer, City staff and the Plan Commission members the fact that the City may not have sufficient resources to quell fires in "very tall buildings. Chicago has 61 firefighters on hand to respond to any fire; Evanston has 26 on initial response." He requested that the developers commit to installing a "robust elevator [a water-proof elevator shaft], redundancies of water and power, and zone pumps" to help guarantee the safety of the inhabitants of the tower. He later said that after six or seven stories, the fire department relies on personnel and building resources rather than fire equipment to address high-rise fires.

The 'no' votes
The three women who voted no - Johanna Nyden, Colleen Burrus and Robin Schuldenfrei - had differing reasons for their votes.

Noting that this was the fifth meeting for the hearing on the proposal, Ms. Nyden said the developer did not appear to be responsive to concerns expressed by Plan Commissioners and residents during the process. The building is not one bit shorter than it was in the original proposal, she said.

Ms. Burrus said, "This building would be an embarrassment for the City, just as this process has been a blemish on the integrity of the City" - referring to the City Council's earlier meeting with developers, which the Attorney General said violated the Open Meetings Act.

Among other things, Ms. Schuldenfrei objected to the destruction of the 708 Church St. building, which she said was architecturally superior to the proposal. "What are we asked to give up?" she asked, describing some of the architectural details of the building.

The 'yes' votes
"Arguing for approval is the fact that our City's most valuable asset and greatest economic generator is the downtown area," Mr. Staley said.

Mr. Opdycke said, "For me the tax generation is important, but aesthetics is first. I want to know if this building is going to look good."

Mr. Galloway said he favored the building but wanted to ensure that it would keep improving. "I don't want this meeting to be the end of the jubilation of seeing a Class A project on this site," he said.

The Dec. 19 meeting
The split continued at the Dec. 19 Plan Commission meeting, when each side read into the record the findings of fact that underpinned their their votes on both the text amendment and the tower proposal.

Discussion also centered around the purpose and purview of the Plan Commission and to what extent community input is or should be - or will be - incorporated into the Plan Commission's recommendations.

Next steps
Among the conditions of the Plan Commission, which will be forwarded to the Planning and Development Committee as part of their recommendations, were that the architect make changes to the base of the building, that office space be added to the mix and that at least one floor of underground parking be added.

Mr. Galloway also requested that a liaison board composed of representatives of the Plan Commission, the Planning and Development Committee and the community be appointed to oversee the project and to ensure that the completed project conforms to the promised one.

Mr. Klutznick told the RoundTable he was pleased with the vote. He said he thought the purchase of the Hahn Building might have convinced some of the Plan Commission members of the worth of the project. "We're looking forward to continuing the review process with City Council members," he added.

See the Downtown Evanston Plan Summary , Public Review Draft, 10/19/07 (PDF)

View all of the documents for the Downtown Plan. (PDF)

Firefighters Train At NIPSTA

By Levik Megerdichian

At 1:30 p.m. on Dec. 4, the crew of Engine 25 of the Evanston Fire Department was getting ready for its training at the NIPSTA, (Northeastern Illinois Public Safety Training Academy) in Glenview. The engine crew had three courses to complete, said Division Chief Samuel Hunter.

The first course involved radioactive materials. At crime scene laboratory rooms in the field training facility building, Captain Scott Pearson of Des Plaines and Officer Michael Neimark of Glencoe educated firemen about how to identify radioactive material, protect themselves from exposure and deal with possible contamination.

Firefighters went next to the structural collapse building, where they performed search-and-rescue operations on two firefighter dummies from within a collapsed structure. Using PASS (Personal Alert Safety System) alarm sounds, the firefighters crawled through smoke and avoided the floor-drops of the collapsed structure to bring the victims to safety.

For the last course firefighters returned to the field training facility for the wide-area search-and-rescue. There, firefighters entered a wide area, completely dark and filled with artificial smoke, where they used ropes and thermal cameras to search for and rescue two dummies, said Division Chief Steve Ehas.

NIPSTA, located on the former Glenview Naval Air Station grounds, is an intergovernmental agency used to train firefighters, police, EMS, and public works and private industry personnel.

The firefighters of MABAS (Mutual-Aide Box Alarm System) Division 3, which consists of about 17 cities, including Evanston, come twice a year to train on this 20-acre site. Starting next year, training will take place three rather than two times a year, said Division Chief Hunter.

With the New High-Rise More Firefighters May Be Needed

Evanston is growing, and its fire department is taking on more tasks and calls each year. But Division Chief Samuel Hunter said currently Evanston has only three ambulances.

When more ambulances or support are needed, Evanston calls neighboring fire departments for additional help. At present Evanston's 29,651 households are covered by 109 firefighters in five fire stations. There are also 1,236 fire hydrants in the City.

While Station #5 is under construction, the Evanston fire department has arranged for dual response with the Wilmette Fire Department, fire department officials said.

Most of the calls to the EFD are for emergency medical services - about 58 percent, according to the 2006 Annual Report. To get the job done smoothly, without any confusion and with uniform steps and procedures, firefighters must train together in order to be able to work well in a crisis and to avoid misunderstanding and confusion.

Like other cities, Evanston is growing - and growing upwards. With a 49-story high rise proposed for downtown, the EFD is asking for more firemen. In Chicago 61 firefighters respond to calls about smoke or fire in a high-rise, but in Evanston only 26 firefighters respond, said Fire Chief Alan Berkowsky.

"If we continue to build the high-rises, we need to beef up, manpower-wise," said Division Chief Hunter. "In the future, we need more men. If the City cannot afford it, we would still continue to do what we do - fight the fire to the best of our ability, but that might not be good enough. No matter what, if they build them, we have to protect them," said Chief Hunter.

"Fighting the fires in high-rises is internal and requires physical demand," said Chief Berkowsky. The equipment can help only so far; anything beyond that is man power, he said.

Above the seventh or eight floors, firefighters have to use the stairs, carrying the tools all the way up to the fire. When the firefighters get to the fire they are already tired. This is where the manpower comes in: One team can take the equipment up; a second team can follow them to use the equipment and relieve the initial team, said Chief Hunter.

"For my Christmas present I would like to see more firefighters in the future," Division Chief Hunter said, laughing.
According to the 2006 annual report of the Evanston Fire Department, total calls have been increasing each year, from 7,723 calls in 2004 to 8,099 in 2006.

Rubloff Clothing Drive Nets 365 Items in First Twelve Days

In the spirit of the season, Rubloff North Shore is cleaning out closets and rallying clients for clothing donations as part of their winter clothing drive. Between Dec. 1-12, Rubloff North Shore proudly donated over 365 items, including 50 winter coats and 35 winter sweaters.

Items are delivered to Deacon's Closet at the First Presbyterian Church of Evanston. This community outreach project ends Jan. 7. To contribute coats or other gently-worn clothing, please contact the Rubloff North Shore office, 847-512-2700, or e-mail the office manager at omevanston@rubloff.com.

AIA Calls Lighthouse An Illinois Great Place

The Grosse Point light station is now officially a great place to visit. At the Dec. 3 meeting of the Board of the Lighthouse Park District of Evanston, Jonathon Fischel, regional director of the American Institute of Architects, presented District President W. Daniel Wefler with a plaque commemorating Grosse Point Lighthouse as one of the top 150 Great Places in Illinois.

The designation is part of the 150th anniversary celebration of the American Institute of Architects. In presenting the plaque, Mr. Fischel said the Grosse Point Lighthouse was chosen in part because of the quality of its site and its leisure programming, each of which makes a valuable contribution to a livable community.

The lighthouse was also recognized as one of Illinois' few maritime National Historic Landmarks. For more informaton, visit Illinoisgreatplaces.com or contact Megan Bell, Associate, AIA Chicago at 312-376-2725.

New State Director for Nature Conservancy

The Nature Conservancy in Illinois has just appointed Evanston resident Leslee Spraggins as the state director.

The Conservancy is the world's largest conservation organization and has preserved more than 80,000 acres in Illinois.

As Illinois state director Ms. Spraggins will be responsible for leading all operations, including conservation strategy development and implementation, fundraising oversight and board development. She will be in charge of producing measurable conservation results and setting state priorities, in addition to working with Conservancy partners on global projects based in Illinois, including freshwater and grassland preservation.

"We are delighted to welcome Leslee to the Illinois team," said Connie Keller, Illinois Board of Trustees chairman. "Leslee's conservation background and strategic planning skills will allow her to lead us to the next level of conservation success."

Fleetwood-Jourdain Theatre Seeks Writers

Fleetwood-Jourdain Theatre, housed in the Noyes Cultural Arts Center, invites local writers interested in Evanston's rich history tocome to the Center, 927 Noyes St., 10 a.m-6 p.m. on Jan. 5.

No experience is required, but writers should bring a writing sample. Works about the distinctive history of Evanston's African-American businesses, families, community leaders,churches and institutions will be performed by FJT actors.

All styles of writing and all ages of writers are welcome. Call Ebony Joy, artistic director, 847-448- 8260, ext. 109 or e-mail ejoy@cityofevanston.org.