HomeMy WebLinkAboutORDINANCES-2015-157-O-1511 /12/2015
157-0-15
AN ORDINANCE
Granting a Special Use Permit for a Commercial Indoor Recreational
Facility Located at 1706 Central Street in the B1 a Business and the
oCSC Central Street Corridor Overlay Districts
(119 Round Fitness")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on November 3,
2015, pursuant to proper notice, to consider case no. 15ZMJV-0090, an application filed
by James Battinus, Ken Battinus and Jeff Battinus, lessees of the property legally
described in Exhibit A, attached hereto and incorporated herein by reference, commonly
known as 1706 Central Street (the "Subject Property") and located in the B1a Business
and oCSC Central Street Corridor Overlay Districts, for a Special Use Permit to establish,
pursuant to Subsections 6-9-5-3 and 6-15-14-7 of the Evanston City Code, 2012, as
amended ("the Zoning Ordinance"), a Commercial Indoor Recreational Facility, "9 Round
Fitness," 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 November 23, 2015, 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. 15ZMJV-0090; and
157-0-15
WHEREAS, at its meeting of November 23, 2015, 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. 15ZMJV-0090.
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 6:00
a.m. and 9:00 p.m. on any given day.
C. Employee Parking: Employees shall not park on residential streets during
hours of operation.
D. 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.
—2—
157-0-15
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: V��A-Y'M;4X f `l, 2015 Approved:
Adopted: 1V�\&Alhz- (3?) , 2015 �C `(` 4.`� C� , 2015
Attest*
Rodply Grey%, City Clerk C�1Pj�
Eli th B. Tisdahl, Mayor
Approved as to form:
W. Grant Farrar, poration Counsel
-3~
157-0-15
EXHIBIT A
LEGAL DESCRIPTION
LOT 1 IN EASTWOOD OF EVANSTON PLAT OF CONSOLIDATION OF LOTS 5, 6, 7, 8, 9' AND 10 IN
BLOCK 9 IN NORTH EVANSTON, BEING A SUBDIVISION OF LOTS 11, 12, 13, 14, 15, 16 AND THE
WEST 4.3 ACRES OF LOT 17 IN GEORGE SMITH'S SUBDIVISION OF THE SOUTH PART OF THE
ARCHANGE QUILMETTE RESERVATION RECORDED IN BOOK 29, PAGE 58 OF MAPS AND ALSO
OF LOTS 1, 3 AND THAT PART OF LOT 2, LYING BETWEEN THE CHICAGO AND MILWAUKEE
RAILWAY AND THE WEST LINE OF LOT 3 PRODUCED TO THE NORTH LINE OF SECTION 12,
TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, OF ASSESSORS
PLAT OF EVANSTON, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 13, 2012 AS
DOCUMENT NUMBER 1210431048, ALL IN COOK COUNTY, ILLINOIS.
PIN: 10-12-201-008-0000
COMMONLY KNOWN As: 1706 Central Street, Evanston, Illinois.
—4—