HomeMy WebLinkAboutORDINANCES-2015-158-O-1511 /12/2015
158-0-15
AN ORDINANCE
Amending the Special Use Permit for a Child Daycare Center Located at
2812 - 2814 Central Street in the oCSC Central Street Overlay District
and B1 a Business District
("Little Green Tree House")
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 September 15, 2015, the City enacted Ordinance 105-0-
15, attached hereto as Exhibit 1 and incorporated herein by reference; and
WHEREAS, pursuant to the provisions of the Zoning Ordinance,
Ordinance 105-0-15 granted a Special Use Permit for a Child Daycare Center on the
property located at 2812 - 2814 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: (i) Compliance with Applicable
158-0-15
Requirements; (ii) Hours of Operation; (iii) Employee Parking; (iv) General Parking; (v)
Signage; (vi) Parking Lease Requirements; and (vii) Recordation; and
WHEREAS, Kevin Gazley ("the Applicant"), owner of the Child Daycare
Center on the Subject Property, requests amendments of two conditions imposed on the
Special Use Permit pursuant to Sections 3-D and 3-G of Ordinance 105-0-15; and
WHEREAS, on November 23, 2015, 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 et seq.), during which it
considered the Applicant's request and recommended approval thereof by the City
Council; and
WHEREAS, at its meeting of November 23, 2015 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 I II.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 of Ordinance 105-0-15 is hereby amended in its
entirety and revised as follows:
"SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning
Ordinance, the City Council hereby imposes the following conditions on the
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158-0-15
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 Child Daycare
Center authorized by this ordinance only between the hours of 7:00 a.m.
and 6:00 p.m. on any given day.
C. Employee Parking: Employees may not utilize on -street parking in
residential neighborhoods during hours of operation. Central Street is not
considered a residential street and employees shall be permitted to park
anywhere along Central Street.
D. General Parking: Five on -street parking spaces directly in front of 2812-
2814 Central Street shall be reserved as fifteen (15) minute
loading/unloading zones from 7:00 a.m. through 9:00 a.m. and 4:00 p.m.
and 6:00 p.m. on any given Monday through Friday for the use of all Central
Street Patrons.
E. Signage: The Applicant shall make a one-time payment of $150.00
towards the installation of signage in the loading/unloading zone, and an
annual payment of $1,170.00 due on or before January 31st of each year
Ordinance 105-0-15 is in effect to compensate the City for lost parking
revenue in the loading/unloading zone. For the first year in which the
Applicant requires the utilization of the aforementioned five parking spots,
Applicant agrees to pay to the City the prorated annual payment prior to the
City's issuance of the Final Certificate of Occupancy.
F. Parking Lease Requirements: The Applicant shall enter into a private
lease agreement for a minimum of eleven (11) off -site parking spaces for
the sole use of its employees. Applicant shall provide the City with an initial
parking report by November 15, 2016, evidencing the number of off -site
parking being used by its employees. The evidence shall be in the form of
an affidavit signed by the Applicant. If the Affidavit states that the off -site
parking spaces are not being used by the Applicant's employees, the
Director of Community Development shall eliminate the off -site parking
space requirements. If the Affidavit states that a portion of the off -site
parking spaces are being used by the Applicant's employees, the Director
of Community Development may reduce the off -site parking space
requirements accordingly.
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158-0-15
G. 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 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 158-0-
15, all applicable regulations of Ordinance 105-0-15, 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 158-0-15 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 158-0-15 shall be in full force and effect from
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.
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158-0-15
Introduced:�kOVeMW a?? , 2015
Adopted: N\N QM\V5- T,� , 2015
Attest:
Rodr dy Greep4, City Clerk
Approved:
2015
Elizab th B. Tisdahl, Mayor
Approved as to form:
W. Grant Farrar, Corporation Counsel
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158-0-15
EXHIBIT 1
Ordinance 105-0-15
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9/2/2015
105-0-15
AN ORDINANCE
Granting a Special Use Permit for a Child Daycare Center Located at
2812 - 2814 Central Street in the oCSC Central Street Overlay District
and B'l a Susiness District
(G4Little Green Tree House")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on June 16, 2015,
pursuant to proper notice, to consider case no. 15ZMJV-0036, an application filed by
Kevin Gazley, owner of the property legally described in Exhibit A, attached hereto and
incorporated herein by reference; commonly known as 2812 - 2814 Central Street (the
"Subject Property") and located in the oCSC Central Street Overlay District and the B1a
Business District, for a Special Use Permit to establish; pursuant to Subsection 6-9-2-3 of
the Evanston City Code, 2012, as amended ("the Zoning Ordinance"), a Child Daycare
Center, "Little Green Tree House;" 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 Child Daycare Center did not meet the standards for Special Uses in Section 6-3-5 of the
Zoning Ordinance and recommended City Council deny the application; and
WHEREAS, at its meeting of August 17, 2015, the Planning and
Development Committee of the City Council ("P&D Committee") received input from the
public, carefully considered the ZBA's record and findings and recommended the City
Council reject the ZBA's recommendation and instead approve the application in case
no. 15ZMJV-0036, and
105-0-15
WHEREAS. at its meetings of .August 17, 2015 and September 15, 2015,
the City Councii considered the ZBA's and P&D Committees records, findings, and
recommendations, and amended and adopted the recommendation of the 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 Child Daycare Center on the Subject Property as applied for in case no. 15ZMJV-
0036.
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 Applicants 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 Child Daycare Center
authorized by this ordinance only between the hours of 7:00 a.m. and 6:00 p.m.
on any given day.
D. Employee Parking: Employees may not utilize on -street parking in residential
neighborhoods during hours of operation.
E. General- Parking: Five on -street parking spaces directly in front of 2812-2814
Central Street shall be reserved as fifteen (15) minute loading/unloading zones
from 7:00 a.m. through 9:00 a.m. and 4:00 p.m. and 6:00 p.m. on any given
Monday through Friday for the use of all Central Street Patrons.
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105-0-15
F. Signage: The Applicanl shall make a one-time payment of S150.00 towards the
installation of signage in the loading/unloading zone, and an annual payment of
$1,170.00 due on or before January 31 S+ of each year Ordinance 105-0-15 is in
effect to compensate the City for icst parking revenue in the ioadingiunloading
zone. For the first year in which the Applicant requires the utilizatlon of the
aforementioned five parking spots, Applicant agrees to pay to the City the
prorated annual payment prior to the City's issuance of the Final Ce tiflcate of
Occupancy.
G. Parking Lease Requirements: The Applicant shall enter into a private lease
agreement for a minimum of eleven (11) off -site parking spaces for the sole use
of its employees. Applicant shall provide the City with an initial parking report by
November 15, 2016, evidencing the number of off -site parking being used by its
employees. If the Director of Community Development determines that the
eleven (11) off -site parking spaces are underutilized, the Director of Community
Development may reduce or eliminate the off -site parking space requirement as
required by Ordinance 105-0-15, The Applicant shall submit an annual parking
report no later than November 151h of every year that this provision is in effect.
H. 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
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105-a-15
wthout the invalid application or provision; and each irzvafid provision or invalid
application of this ordinance is severable.
SECTION 8: The findings and rec€tais 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: jk�'�E5V N- 2015 Approved:
Adopted -_Wqm\zt Xt> , 2015 � �� � �� , 2015
Attest:
<Rod4yy Gre?%, City Cferl<
Eli 6eth B. Tisdahl, Mayor
Approved as to form:
__' Ae'�"��
W. Grant Farrar, Corporation Counsel
I DD-4-1 5
EXHIBIT A
LEGAL DESCRIPTION
LOTS 2 AND 3 IN BLOCK 4 IN E. T. PALICS ADDITION TO EVANSTON, A SUBDIVISION OF PART OF
THE NORTHEAST FRACTIONAL '/a OF SECTION 11 AND THE NORTHWEST FRACTIONAL '/4 OF
SECTION 12. TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
PINs: 10-11-202-011-0000
10-11-202-012-0000
COMMONLY KNOWN As: 2812 — 2814 Central Street; Evanston, Illinois.
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