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HomeMy WebLinkAboutORDINANCES-2016-051-O-164/26/2016 5/12/2016 5/26/2016 51-0-16 AN ORDINANCE Amending the Special Use Permit for Two Scoreboards Located at 1501 Central Street in the U2 University Athletic Facilities District WHEREAS, the City of Evanston, Cook County, Illinois, (the "City") is a home rule unit of government under the Illinois Constitution of 1970; and WHEREAS, Article VII, Section 6a of the Illinois Constitution of 1970 confers certain powers upon home rule units, among which are the powers to regulate for the protection of the public health, safety, and welfare; 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, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code, 2012, as amended, ("the Zoning Ordinance"); and WHEREAS, on February 8, 2016, the City enacted Ordinance 10-0-16, attached hereto as Exhibit 1 and incorporated herein by reference; and WHEREAS, pursuant to the provisions of the Zoning Ordinance, Ordinance 10-0-16 granted a Special Use Permit for two scoreboards located at 1501 Central Street, Evanston, Illinois (the "Subject Property"), which is legally described in Exhibit 1; and WHEREAS, Section 3 of Ordinance 105-0-15 imposes specified conditions on the use of the Subject Property, including: (A) Compliance with Applicable 51-0-16 Requirements; (B) Landscaping; (C) Lighting; (D) Sound; (E) Hours of Operation; (F) Scoreboard LED Panels; and (G) Recordation; and WHEREAS, Northwestern University ("the Applicant"), owner of the Subject Property, requests amendments of one condition imposed on the Special Use Permit pursuant to Section 3(E) of Ordinance 10-0-16 to permit the use of the lower portion of the scoreboard for scorekeeping; and WHEREAS, on May 23, 2016, the Planning and Development Committee ("P&D Committee") of the City Council held a meeting, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 of seq.), during which it considered the Applicant's request, further amended Ordinance 10-0-16 to permit the use of the entire scoreboard for scorekeeping, and recommended approval thereof by the City Council; and WHEREAS, at its meeting of May 23, 2016 and June 13, 2016, the City Council considered the P&D Committee's recommendation, heard public comment, made findings, and amended and adopted said recommendation, as amended; and WHEREAS, it is well -settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 III.App.3d 747), 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: Section 3(E) of Ordinance 10-0-16 is hereby amended in its �2� 51-0-16 entirety and revised as follows: E. Hours of Operation: The Applicant shall not operate the full LED portion of the scoreboards outside of baseball and softball games held in the stadiums, including but not limited to: local, regional, and state sporting events at the elementary, high school, collegiate, and intramural levels. The Applicant shall not operate the full LED portion of the scoreboards from dusk until dawn on any given day. SECTION 3: 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 a copy thereof to the City. 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: Except as otherwise provided for in this Ordinance 10-0-16, all applicable regulations of Ordinance 10-0-16, the Zoning Ordinance, and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and/or provisions of any of said documents conflict with any of the terms herein, this Ordinance 10-0-16 shall govern and control. SECTION 6: The findings and recitals 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. SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: This Ordinance 10-0-16 shall be in full force and effect from -3- 51-0-16 and after its passage, approval, and publication in the manner provided by law, and after Applicant records a certified copy of it with the Cook County Recorder of Deeds. Introduced: m6\A Ol J , 2016 Approved: Adopted:AMQQ V� , 2016 � "V a a , 2016 Eliz th B. Tisdahl, Mayor Attest: Approved as to form: Ro ney Gre , City Clerk W. Gran Farrar, Corporation Codnsel i'z 51-0-16 EXHIBIT 1 Ordinance 10-0-16 -6- 1t2sIP016 10-0-15 , AN ORDINANCE &a»ling a $pedal Use PerrWt for Two Scoreboards Located at 1501 Central Street in they U2 University Athletic Facilities Disirict WHEA194!S, t4 Zonir,g Boerd of App"Is (4ZBA") met on ,January 15. 2016, pursuant to proper notice, to consider case no. q 5ZMJV 0105, an applicatioR fled by Charles Davidson, representative for the property legally- described In Exhibit A, attached hereto and incorporated herein by reference, commonly (mown as 1501 Central Street {the "Subject Property") and incated In the U2 University. Alhledc Facilities District, tora.Special Use PertTllkto intl6il, pursuant ti? Subsections Q-115-T 3 of the Evanston City Code, 2012, as amended ("the Zonirig ©rdinanW.),.two Scdret bards 0 the Sctbject Property (one Scoreboard at the baseball field located at Rocky Miller Park and ene Scoreboard located at the saAbail field located at Sharon Drysdate.Fleld); and WHMttds, Me Zak after headrig testimony and receiving other e0dence, rrlade e' written,fecord and Wdden findings -that the applicaticrj for a Special�Use Permit for twa ScvreboaKis met the standards for Special Uses in Section 6-3'55 of the Zoning tkdinance and reoommende d City Council approval thereof; and WHEREAS, afjgr the January 15, 2018 meeting of the ZBA, the Applfcant amended` its applicalion Ao include a (evised set of Plans Ihat, jaWer the height of the baseball swraboard located at Rocky Miller Park to a total of thirty-four feet' (34) above grade; and i D=0-16 WHEREAS, at its meeting of January ,26, 2016, the Planning and Development Committee of the City Council (1PBD Committee') considered 'the 29A's turd and itfndings and redororoonded the City Council accept the BA's recommendation and approve the applioblion iA case no, 15ZMJV-0105; artd WHEREAS, at its meetings of January 25, 2016 and February 8, 2016. lire City Council considered and' adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NQW, THEREFORE, BE IT ORDAINED SY•THV CITY COUNCIL of THE CtT1t OF EVANSTON. COOK COUNTY, ILuNois, THAT: SECTION 1: The fereguirig recitals are fvdnd as faO and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Commercial Indoor RecreaGpnal Facility on tree Subject Property as applied for ih case no. 15 MJV-0090. SECTION 3; Pursuant to Subsectiort 6-3-5-1!of the Zoning Ordinance, the Clly Council hereby imposes the following conditions on -the Applicant's Special Use Permit, Violatlon of any 4f whlch shall constitute grounds for penditles or revocatioh of said Permit pursuant to Subsections 6•:5-10-5 and 63-10-5 of the Zoning Ordinance: A. Compliance With Applicable Requireiments: The Applicant shall develop and use the Subject Propetly Its substantial t4mplianp9 With. all applicable legislation; the Applicant's testimony and representadons to the ZBA, the P&D Committee, and the City Council: and the approved plans and documerns on file in this case, B� Landaeapin . The Applicant shall install landscaping to maximize an obscuring View of the baseball scoreboard during the baseball season, sublecl to City Qf Evanston Design and Project Review CDAPR") approval, as depleted in the Landscape Plans In Exhloil. B, attached hereto and Incorporated herein by reference. 1"-16 Q. Lighting: The. Applicant shall not install lighting on The baseball field located al� Rocky Miller Park; The Applicant .shall not install lighting can the softball held located at Sharon ©rysdiale Field. D.: Souliol The Applicant shalt not install sound equipment to etltter scoraboard. At no time shalletther scoreboard produce sound. Et Hours 0 Operation! The Applicant shall not operate the scoreboards outside of Northwestern University baseball and softball games. The Applicant shall not weale IN sWeWarrlsfrom dusk until daWn an any given day, Sedrsbowd,LM PAnels; Both scoeebocird LED :panels must be black when lit standby mode. U, R€cor#ation; ee(ots it may operate the Special Use aulhodzed by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this Ordinance Wth the -Cook County Recorder of Deeds, SECTION At When necessary ,to effectuate the terrnsj conditions, and purposes of"this.nrdinance,'"Applican17 sirail be read as 'applicant's agents,assigns, and successors in interest;' SECTION ss This ordinance °shall be 16 ftai force and effect from and after itspassage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or pads of ordinances in conflict. herewith are hereby repeated. SECTION 7: It any provision of this ordinance or application thereof to any person or circumstance is ruled uncon0tutionat or otherwise invalid, such invalidity shall not affect other provisions orapplications of this ordinance that'can be given effect v iftut the invalid applidatfon or provision, and each Invalid provision or lnvaltd appllcafn of this ordinance is seversbk- 10-0-18 SECT 0N..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 evldenee as fumvided by file Illinois Compiled Statutes and the courts of the State -of Illinois, i Attest: �Rodhejp Green ,; City Clerk - Approved: Fri th 'B. Tisdahl, Mayor Approved as to form; W Gran t=array; C rnaralion Counsel l= i4-0-1fi EKHMIT A LEGAL OESCRIPT14N THE FART of LOTS 1% ANo J8 LYMiG aST OF THE EAST'UNE OF AsHLANID AVENUE, SOUTH of TK SOUTH LINE OF ISAaRL L &MEET ANo NoFtTH OF THE NORTH LINE OF CEM' R' AL AVENUE (EXCEPT THE EASTERLY 4 FEET (}F I HE SOUTHERLY 432,92 FEET OF THE NOF;THEFiLY 455.92 FEET OF LcYT IS) IN, GEoRGe SMITHS SUBDIVISION OF THE Soum PART nF ARCHANGE OUIL>M OTTE RESERVATION IN TOWNSHIP 42 NORTH, RAN©e 13, LYING BAST OF THE TkAb PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, PIN -- COMMON L-Y KNOWNAW. 1501 Central Street, Evanson, Illinois, t 1 U,o.16 ExNIBIT O LANDSCAPE FLANs mAsttt,'fss r'{I�{�' -, art' `„� ? - ��„`'�'.'k.�:•.A� ,Y '� .1�i�t. `{ y �°:.""�..,.�.., 5. 1. ...___^•_ .3it atf RYAN FIELD LANDSCAPE PLANTINGS t iREF9RTORYJYNFItlDCARtkAPEPEROAT.SET. DATEDm18m2tito t}es � " BY TESKA ASSOCIATES. 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