HomeMy WebLinkAboutORDINANCES-2015-105-O-150
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 B1 a Business District
("Little 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
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• WHEREAS, at its meetings of August 17, 2015 and September 15, 2015,
the City Council considered the ZBA's and P&D Committee's 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.
0 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 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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F. 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 31 st 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.
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 15th 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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105-0-15
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: P�'�r" 2015 Approved:
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Adopted:��(aM�pQr,� , 2015=C��i1� �� 2015
Attest:
Ro ey Gre e, City Clerk
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Elizf ,6eth B. Tisdahl, Mayor
Approved as to form-
W. Grant Farrar, Corporation Counsel
ME
105-0-15
is EXHIBIT A
LEGAL DESCRIPTION
LOTS 2 AND 3 IN BLOCK 4 IN E. T. PAUL'S ADDITION TO EVANSTON, A SUBDIVISION OF PART OF
THE NORTHEAST FRACTIONAL '/a OF SECTION 11 .AND THE NORTHWEST FRACTIONAL Y 4 OF
SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
PINs: 10-11-202-01 1-0000
:10-11-202-012-0000
COMMONLY KNOWN As: 2812 - 2814 Central Street, Evanston, Illinois.
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