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HomeMy WebLinkAbout111-O-22 Granting a Special Use for a Planned Development with Site Development Allowances and a Special Use Permit for a Kennel Located at 2222-2310 Oakton Street in the I2 General Industrial District and the oRD Redevelopment Overlay District11/14/2022 111-O-22 AN ORDINANCE Granting a Special Use for a Planned Development with Site Development Allowances and a Special Use Permit for a Kennel Located at 2222-2310 Oakton Street in the I2 General Industrial District and the oRD Redevelopment Overlay 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, Article VII, Section 6(a) of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule unit be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); 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 ~1~ Page 1 of 7 Doc ID: 68613e79ff59e117ec86e05b59972f2ddff764ab 111-O-22 ~2~ WHEREAS, Shane Cary, “the Applicant”, requests approval of a Special Use for a Planned Development with Site Development Allowances and of a Special use Permit for a Kennel, all to construct a one (1) story Animal Shelter with approximately eight thousand eight hundred and ten (8,810) square feet of ground floor nonresidential space on the property commonly known as 222-2310 Oakton Screet, legally descripted and attached by reference herein as Exhibit A, and located in the I2 General Industrial District and oRD Redevelopment Overlay District; and, WHEREAS, the Site Development Allowances of the Planned Development requiring exception from the strict application of the Zoning Ordinance are a lesser number of parking spaces than is required and one short loading berth that is not located within the year yard and is substandard in length; and WHEREAS, pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the City Council may grant Site Development Allowances from the normal district regulations established in the Zoning Ordinance; and WHEREAS, pursuant to Subsection 6-14-3-3, a Kennel is an allowed Special Use in the I2 District; and WHEREAS, following due and proper publication of notice in Pioneer North, a suburban publication of the Chicago Tribune, not less than fifteen (15) nor more than thirty (30) days prior thereto, and following written notice to all property owners within 1,000 feet of the Subject Property, and following the placement of signs on the Subject Property not less than fifteen (15) days prior thereto, the Evanston Land Use Commission conducted a public hearing on October 12, 2022, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCs 120/1 et seq.) on the application Page 2 of 7 Doc ID: 68613e79ff59e117ec86e05b59972f2ddff764ab 111-O-22 ~3~ for a Special Use for a Planned Development with Site Development Allowances and a Special use Permit for Kennel, filed as zoning case no.22PLND-0025; and WHEREAS, the Land Use Commission received extensive testimony, heard public comment, and made findings pursuant to Subsections 6-3-5-10, 6-3-6-9, 6- 14-1-10(B) of the Zoning Ordinance, and by a vote of six (6) “yays” and zero (0) “nays” with four (4) Commissioners absent, recommended City Council approval with conditions of the application for Special Use for Planned Development with Site Development Allowances and a Special Use Permit for a Kennel; and WHEREAS, on November 14, 2022, the Planning and Development (“P&D”) Committee of the City Council held a meeting, in compliance with the provision of the Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered the findings and recommendation for approval with conditions of the Land use Commission, and recommended approval thereof by the City Council; and WHEREAS, at its meetings on November 14th and November, 28th, 2022, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the P&D Committee, received additional public comment, made certain findings, and adopted said recommendation; and WHEREAS, it is well-settled law 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). Page 3 of 7 Doc ID: 68613e79ff59e117ec86e05b59972f2ddff764ab 111-O-22 ~4~ 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: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Special Use for a Planned Development with certain Site Development Allowances, as applied for in zoning case no. 22PLND-0025, to allow the construction and operation of a one (1) story Animal Shelter, with approximately eight thousand eight hundred and ten (8,810) square feet, and sixteen (16) parking spaces. SECTION 3: The City Council hereby grants the following Site Development Allowances in relation to the aforementioned Planned Development as applied for in zoning case no. 22PLND-0025: (A)Number of Parking Spaces: A Site Development Allowance is hereby granted to allow sixteen (16) parking spaces, whereas Subsection 6-16 Table 16-B of the Zoning Ordinance requires twenty-five (25) parking spaces. (B)Design of Loading Docks: A Site Development Allowance is hereby granted to allow one (1) short loading dock with an open loading berth that is not located within the rear yard and is less than 35 feet in length, whereas Subsection 6-16- 4-1(B) of the Zoning Ordinance requires loading docks to be covered if not located in the rear yard and a minimum length of short loading berths of thirty-five (35) feet. SECTION 4: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the aforementioned zoning relief granted hereby, being a Special Use for a Planned Development with Site Development Allowances and a Special Use Permit for a Kennel as requested under zoning case no. 22PLND-0025, which may be amended by future ordinance(s), and violation of any of Page 4 of 7 Doc ID: 68613e79ff59e117ec86e05b59972f2ddff764ab 111-O-22 ~5~ 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)Compliance with Applicable Requirements: The Applicant shall develop and operate the Planned Development and Animal Shelter authorized by the terms of this ordinance in substantial compliance with the following: the terms of this ordinance; the Development Plans in Exhibit B, attached hereto and incorporated herein by reference; all applicable City Code requirements; the Applicant's testimony and representations to the Design and Project Review Committee, the Land Use Commission, the P&D Committee, and the City Council (B)Trash/Recycle Bin: The Applicant will ensure that the trash/recycle enclosure be made with a durable, non-porous material that matches the building’s primary materials and will be protected against rats and other pests/ infestations. (C)Signage: The Applicant will ensure that all signage is illustrated on the proposed elevation be subject to a separate sign permit review per Chapter 6-19 of the Zoning Ordinance. (D)Proposed Exterior Materials: That the proposed wood material on the exterior elevations be replaced with imitation wood or a similarly compatible material, subject to approval by the Community Development Department. (E)Recordation: 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 Recorder of Deeds, 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. (F)Construction Management Plan: The Applicant shall sign and agree to a Construction Management Plan (CMP) with the City of Evanston prior to issuance of the building permit. The CMP must include but is not limited to the following: water and sewer utility connections, construction staging plan, on- street and on-site construction parking restrictions, hours of operation, a plan including cross-sections showing pedestrian access around the site with the use of curb ramps, signage and/or striping, if necessary, foundation survey of surrounding structures including weekly reporting of seismographs for the duration of construction, submittal of environmental testing report prior to construction, visibility diagram for all construction site access points, a proposed schedule for street opening for utility connections with cross-section details, and project updates via monthly newsletter and project website. (G)Compliance with Applicable Requirements: The Applicant shall develop and operate the Planned Development and Animal Shelter authorized by the terms of this ordinance in substantial compliance with the following: the terms of this Page 5 of 7 Doc ID: 68613e79ff59e117ec86e05b59972f2ddff764ab 111-O-22 ~6~ ordinance; the Development Plans in Exhibit B, attached hereto and incorporated herein by reference; all applicable City Code requirements; the Applicant's testimony and representations to the Design and Project Review Committee, the Land Use Commission, the P&D Committee, and the City Council. (H)Construction Schedule: Pursuant to Subsection 6-10-1-9(A)(4) of the Zoning Ordinance, no special use permit for a planned development shall be valid for a period longer than one (1) year unless a building permit is issued and construction is actually begun within that period and is diligently pursued to completion. The City Council may, however, for good cause shown, extend the one (1) year period for such time as it shall determine, without further hearing before the Land Use Commission. Pursuant to Subsection 6-10-1-9(A)(3), each planned development shall be completed within two (2) years of the issuance of the building permit for the Planned Development. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assigned, and successors in interest.” SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: 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 9: 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. Page 6 of 7 Doc ID: 68613e79ff59e117ec86e05b59972f2ddff764ab 111-O-22 ~7~ Introduced:_________________, 2022 Adopted:___________________, 2022 Approved: __________________________, 2022 _______________________________ Daniel Biss, Mayor Attest: _____________________________ Stephanie Mendoza, City Clerk Approved as to form: _______________________________ Nicholas E. Cummings, Corporation Counsel November 14 November 28 Page 7 of 7 Doc ID: 68613e79ff59e117ec86e05b59972f2ddff764ab December 1