HomeMy WebLinkAboutORDINANCES-2017-057-O-176/13/2017
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AN ORDINANCE
Granting a Special Use Permit for a Commercial Indoor Recreational
Facility Located at 1324-1326 Dodge Avenue in the 12 General
Industrial District
("Sharp Edge CrossFit")
WHEREAS, the Zoning Board of Appeals ('213K) met on January 6, 2017,
pursuant to proper notice, to consider case no. 17ZMJV-0042, an application filed by
Netanya Mintz, potential lessee of the property legally described in Exhibit A, attached
hereto and incorporated herein by reference, commonly known as 1324-1326 Dodge
Avenue (the "Subject Property") and located in the 12 General Industrial District, for a
Special Use Permit to establish, pursuant to Subsection 6-14-3-3 of the Evanston City
Code, 2012, as amended ("the Zoning Ordinance"), a Commercial Indoor Recreational
Facility, "Sharp Edge CrossFit," on the Subject Property; and
WHEREAS, the ZBA, after hearing testimony and receiving other evidence,
made a written record and written findings that the application for a Special Use Permit for
a Commercial Indoor Recreational Facility met the standards for Special Uses in Section
6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and
WHEREAS, at its meeting of June 26, 2017, the Planning and
Development Committee of the City Council ("P&D Committee") considered the ZBA's
record and findings and recommended the City Council accept the ZBA's
recommendation and approve the application in case no. 17ZMJV-0042; and
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WHEREAS, at its meeting of June 26, 2017, the City Council considered
and adopted the respective records, findings, and recommendations of the ZBA 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 Commercial Indoor Recreational Facility on the Subject Property as applied for in
case no. 16ZMJV-0113.
SECTION 3: Pursuant to Subsection 6-3-5-12 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 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance:
A. Compliance with Applicable Requirements: The Applicant shall develop and
use the Subject Property in substantial compliance with: all applicable legislation;
the Applicant's testimony and representations to the ZBA, the P&D Committee,
and the City Council; and the approved plans and documents on file in this case.
B. Hours of Operation: The Applicant shall operate the Commercial Indoor
Recreational Facility authorized by this ordinance only between the hours of 5:00
a.m. and 11:00 p.m. on any given day.
C. Employee Parking: Employees must not utilize street parking during hours of
operations.
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D. Music Sound Levels: Applicant agrees to keep the Commercial Indoor
Recreational Facility's doors closed when music is played prior to 7:00 a.m. or
after 7:00 p.m. on any given day.
E. Recordation: Before it may operate the Special Use authorized by the terms of
this ordinance, the Applicant shall record, at its cost, a certified copy of this
ordinance with the Cook County Recorder of Deeds.
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."
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: J`'�� Z� , 2017 Approved:
Adopted: J e'v1-L Z,rp , 2017 �-%�+ Z� , 2017
Stephen . Hagert , ' y
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Attest:
Devon Reid, City Clerk
Approved as to form:
W. Grant arr
Corporation Counsel
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1: LOT 1 IN THE PLAT OF RUSSO's CONSOLIDATION OF PART OF THE SOUTHEAST 1/4
OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL 2: RECIPROCAL EASEMENT AGREEMENT DATED APRIL 28, 1988 AND RECORDED MAY
5, 1988 AS DOCUMENT 88190554 MADE BY AND BETWEEN AMERICAN NATIONAL BANK AND
TRUST COMPANY OF CHICAGO, A NATIONAL BANKING ASSOCIATION, AS TRUSTEE UNDER
TRUST AGREEMENT DATED FEBRUARY 1, 1988 AND KNOWN AS TRUST NUMBER 104803-09
AND MCDONALD'S CORPORATION IN FAVOR OF PARCEL 1 FOR A PERPETUAL, NON-EXCLUSIVE
EASEMENT FOR THE PURPOSE OF MAINTAINING, REPAIRING, REPLACING AND RENEWING A
STORM SEWER LINE OVER THE LAND DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF DEMPSTER STREET (BEING 33
FEET NORTH OF THE SOUTH LINE OF SAID SECTION 13) AND THE WEST LINE OF DODGE AVENUE
(BEING 33 FEET WEST OF THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13);
THENCE NORTH ALONG THE WEST LINE OF DODGE AVENUE, 135 FEET; THENCE SOUTH 87
DEGREES, 43 MINUTES, 45 SECONDS WEST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF
SAID SECTION 13, 246 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT;
THENCE CONTINUING SOUTH 87 DEGREES, 43 MINUTES, 45 SECONDS WEST, 42.30 FEET TO
THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILWAY
(FORMERLY THE .JUNCTION RAILWAY COMPANY); THENCE SOUTH 22 DEGREES, 02 MINUTES, 45
SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 148.08 FEET TO THE NORTH LINE
OF DEMPSTER STREET; THENCE NORTH 87 DEGREES, 43 MINUTES, 45 SECONDS EAST ALONG
THE NORTH LINE OF DEMPSTER STREET, 42.48 FEET TO A POINT 301.65 FEET WEST OF THE
WEST LINE OF DODGE AVENUE; THENCE NORTH 22 DEGREES, 00 MINUTES, 45 SECONDS EAST
148.07 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART DESCRIBED AS
FOLLOWS:
A TRACT OF LAND INT HE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN,
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF DEMPSTER STREET (BEING 33
FEET NORTH OF THE SOUTH LINE OF SAID SECTION 13) AND THE WEST LINE OF DODGE AVENUE
(BEING 33 FEET WEST OF THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13);
THENCE WESTERLY ALONG THE NORTH LINE OF DEMPSTER STREET, A DISTANCE OF 303.75
FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF DEMPSTER
STREET, A DISTANCE OF 40.00 FEET TO THE SOUTHEAST CORNER OF LOT 2 IN BANBURY
SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4
OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN;
THENCE IN A NORTHEASTERLY DIRECTION ALONG THE EASTERLY LINE OF SAID LOT 2 (SAID LINE
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BEING ALSO THE FORMER EASTERLY LINE OF THE CHICAGO AND NORTHWESTERN RAILWAY), A
DISTANCE OF 97.14 FEET; THENCE IN A SOUTHERLY DIRECTION ALONG THE LINE WHICH FORMS
AN ANGLE 22 DEGREES, 00 MINUTES, 38 SECONDS WITH SAID EASTERLY LINE, A DISTANCE OF
88.52 FEET TO THE POINT OF BEGINNING,
ALSO, EXCEPT THE EAST 150 FEET THEREOF, (AS MEASURED ALONG THE NORTH AND SOUTH
LINES THEREOF) THE PREMISES DESCRIBED AS FOLLOWS:
A TRACT OF LAND IN THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 41
NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF THE EASTERLY
RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILWAY (FORMERLY THE CHICAGO
JUNCTION RAILWAY) BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF DEMPSTER STREET (BEING 33.00
FEET NORTH OF THE SOUTH LINE OF SAID SECTION 13) AND THE WEST LINE OF DODGE AVENUE
(BEING 33.00 FEET WEST OF THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 13); THENCE
NORTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG THE WEST LINE OF DODGE
AVENUE (BEING ALSO 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID
SOUTHWEST 1/4 OF SECTION 13), A DISTANCE OF 135.00 FEET; THENCE SOUTH 87 DEGREES,
42 MINUTES, 20 SECONDS WEST, ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID
SECTION 13, A DISTANCE OF 246.00 FEET; THENCE SOUTH 22 DEGREES, 01 MINUTES, 13
SECONDS WEST, A DISTANCE OF 148.02 FEET TO A POINT ON THE NORTH LINE OF SAID
DEMPSTER STREET (BEING .ALSO 33.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE
OF SAID SECTION 13), A DISTANCE OF 301.55 FEET TO THE POINT OF BEGINNING,
ALSO A TRACT OF LAND IN THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF DEMPSTER STREET (BEING 33
FEET NORTH OF THE SOUTH LINE OF SAID SECTION 13) AND THE WEST LINE OF DODGE AVENUE
(BEING 33 FEET WEST OF THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13);
THENCE NORTH ALONG THE WEST LINE OF DODGE AVENUE, 135 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 87 DEGREES, 43 MINUTES, 45
SECONDS WEST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID SECTION 13, A
DISTANCE OF 288.30 FEET TO THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO AND
NORTHWESTERN RAILWAY (FORMERLY THE JUNCTION RAILWAY COMPANY); THENCE NORTH 22
DEGREES, 02 MINUTES, 45 SECONDS EAST ALONG SAID EASTERLY RIGHT OF WAY LINE, 153.42
FEET TO A POINT OF INTERSECTION WITH A LINE 308 FEET NORTH OF AND PARALLEL WITH THE
SOUTH LINE OF SAID SECTION 13; THENCE NORTH 87 DEGREES, 43 MINUTES, 45 SECONDS
EAST ALONG SAID LINE 308 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID
SECTION 13, 230.75 FEET TO THE WEST LINE OF DODGE AVENUE; THENCE SOUTH ALONG SAID
WEST LINE OF DODGE AVENUE, 140 FEET TO THE POINT OF BEGINNING, EXCEPTING
THEREFROM THAT PART BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF DEMPSTER STREET (BEING 33
FEET NORTH OF THE SOUTH LINE OF SAID SECTION 13) AND THE WEST LINE OF DODGE AVENUE
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(BEING 33 FEET WEST OF THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13);
THENCE NORTH ALONG THE WEST LINE OF DODGE AVENUE, A DISTANCE OF 207.29 FEET TO
THE POINT OF BEGINNING; THENCE WESTERLY ALONG A LINE PARALLEL WITH THE SOUTH LINE
OF SAID SECTION 13, A DISTANCE OF 258.49 FEET TO THE EASTERLY LINE OF LOT 1 IN
BANBURY SUBDIVISION, BEING A SUBDIVIS►ON OF PART OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD
PRINCIPAL MERIDIAN (SAID LINE BEING ALSO THE FORMER EASTERLY RIGHT OF WAY LINE OF
THE CHICAGO AND NORTHWESTERN RAILWAY): THENCE NORTHEASTERLY ALONG THE
EASTERLY LINE OF SAID LOT 1, A DISTANCE OF 74.24 FEET TO THE POINT OF INTERSECTION
WITH A LINE 308 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 13;
THENCE EASTERLY ALONG SAID PARALLEL LINE, A DISTANCE OF 230.64 FEET TO THE WEST LINE
OF DODGE AVENUE; THENCE SOUTHERLY ALONG SAID WEST LINE OF DODGE AVENUE, A
DISTANCE OF 57.71 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
PIN: 10-13-322-042-0000
COMMONLY KNOWN As: 1324-1326 Dodge Avenue, Evanston, Illinois.
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