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HomeMy WebLinkAbout062-O-22 Granting a Special Use Permit for 1026 Davis Street for a Private Educational Institution in the D2 Downtown Retail Core District6/27/2022 62-0-22 AN ORDINANCE Granting a Special Use Permit for 1026 Davis Street for a Private Educational Institution in the D2 Downtown Retail Core District WHEREAS, the Land Use Commission ("LUC") met on May 25, 2022, pursuant to proper notice, to consider case no. 22ZMJV-0034, an application filed by Renee Ruffing, (the "Applicant"), on behalf of Beacon Academy, the lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1026 Davis Street (the "Subject Property") and located in the D2 Downtown Retail Core District, for a Special Use Permit to establish, pursuant to Subsection 6-11-3-4 Evanston City Code, 2012, as amended ("the Zoning Ordinance"), a Private Educational Institution on the Subject Property; and WHEREAS, the LUC, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Private Educational Institution met the standards for Special Uses in Section 6-3-5-10 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of June 27, 2022, the Planning and Development Committee of the City Council ("P&D Committee") considered the LUC's record and findings and recommended the City Council accept the LUC's recommendation and approved the application in case no.22ZMJV-0034; and ā€”1ā€” Page 1 of Doc ID: e10d52030108f5bd24922cacc6d65801dc74e22b 62-0-22 WHEREAS, at its meetings of June 27, 2022, and July 11, 2022, the City Council considered and adopted the respective records, findings, and recommendations of the LUC and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Private Educational Institution on the Subject Property as applied for in case no. 22ZMJV-0034. SECTION 3: Pursuant to Subsection 6-3-5-8 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant's Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-5-12 of the Zoning Ordinance: A. That the space not be used as the primary location for student pick-ups and drop-offs; B. That a Beacon Academy administrator is assigned to monitor pick-ups and drop- offs to make sure there is no vehicle congestion on the street; C. That nighttime lighting is incorporated to the tenant space frontage; D. That the space at the storefront be made available for art displays visible from the street; and E. That the front of the tenant space visible from the public way be occupied by "active uses" supporting the function of the school, including but not limited to, art displays, meeting areas, reception area, and tutoring and/or studying. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, "Applicant" shall be read as "Applicant's agents, assigns, and successors in interest." CPA Page 2 of 4 Doc ID: e10d52030108f5bd24922cacc6d65801dc74e22b 62-0-22 SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: 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 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: June 27 , 2022 Adopted: July 11 12022 Attest: Stephanie Mendoza, City Clerk Approved: July 19 N Rnz &jj Daniel Biss, Mayor 12022 Approved as to form: W gā€” Derke Price, Interim Corporation Counsel -3- Page 3 of 4 Doc ID: e10d52030108f5bd24922cacc6d65801dc74e22b 62-0-22 EXHIBIT A LEGAL DESCRIPTION PARCEL 1: THE NORTH 135 FEET OF LOT 5 AND THE NORTH 135 FEET OF LOT 6 (EXCEPT THE WEST 51 FEET 8 7/8 INCHES OF LOT 6) IN BLOCK 62 IN EVANSTON IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. COMMONLY KNOWN AS 1026 DAVIS STREET P I N # 11-18-309-031-0000 Qm Page 4 of Doc ID: e10d52030108f5bd24922cacc6d65801dc74e22b