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Home My WebLink AboutORDINANCES-2015-132-O-1510/12/2015 132-0-15 AN ORDINANCE Granting a Special Use Permit for a Private Educational Institution Located at 1560 Sherman Avenue in the D3 Downtown Core District ("Beacon Academy") WHEREAS, the Zoning Board of Appeals ("ZBA") met on October 6, 2015, pursuant to proper notice, to consider case no. 15ZMJV-0075, an application filed by Jeff Bell (the "Applicant"), potential lessee of the property legally described in Exhibit A (the "Subject Property"), attached hereto and incorporated herein by reference, commonly known as 1560 Sherman Avenue and located in the D3 Downtown Core Zoning District, for a Special Use Permit to establish, pursuant to Subsection 6-11-4-3 of Title 6 of the Evanston City Code, 2012, as amended ("the Zoning Ordinance"), a Private Educational Institution 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 Private Educational Institution 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 October 26, 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-0075; and 132-0-15 WHEREAS, at its meeting of October 26, 2015 the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Private Educational Institution on the Subject Property as applied for in case no. 15ZMJV-0075. 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. Employee Parking: The .Applicant shall obtain and keep current a parking permit, for a space in either the Sherman Plaza or Church Street garage, for each employee who drives to work at the Special Use authorized hereby. C. Alley Deliveries: The Applicant shall require every driver making a delivery to the Private Educational Institution authorized by this ordinance to do so in a way not to cause congestion on Sherman Avenue. D. Passenger Loading/Unloading: The Applicant shall not permit passenger loading and/or unloading that, in the City's sole determination, unduly hinders the flow of traffic on Sherman Avenue. -2- 132-0-15 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 and provide the City with proof of such recordation. F. Litter Collection Plan: The Applicant shall implement and adhere to a Litter Collection Plan that requires the policing of an area located within a radius of two hundred fifty feet (250) of the Subject Property. The Applicant shall police this area at least once every three (3) hours during the hours the Special Use is in operation and shall keep it free of all litter, from any source. For the purpose of this ordinance, "litter" shall include, but is not limited to: food, food waste, and beverages; solid waste, including paper, wrappings, containers, cardboard, napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and similar materials; animal waste and dead animals; yard clippings and leaves; and all other waste materials which, if thrown or deposited as herein prohibited, may create a danger to public health, safety, or welfare. G. Litter Pick -Up Plan: The Applicant and/or the owner of the Subject Property shall provide and maintain, on the Subject Property, exterior litter receptacles, in sufficient number and type, and with collections therefrom of sufficient number and frequency, in the City's judgment, to contain, with lids tightly shut, all litter emanating from operation of the Special Use authorized hereby. Litter shall be collected no less than three (3) times per week, including collections on Sundays as necessary, in the City's judgment, to comply with this condition. All litter receptacles shall be maintained in a clean condition with tight -fitting lids, and shall be placed on Code -compliant surfaces. The owner of the Subject Property shall provide adequate space at the rear of and on the Subject Property to accommodate the litter receptacles and collections required. Within seven (7) days of written notice from the City to do so, the Applicant and/or the owner of the Subject Property shall modify the number of litter receptacles and/or the number of collections therefrom, as directed by the City. SECTION 4: 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. SECTION 5: 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." —3— 132-0-15 SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: 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. Introduced. � , 2015 Approved: Adopted: O� V� , 2015 N_J�-ow_r bi�� , 2015 E z beth B. Tisdahl, Mayor Atte Approved as to form: FRod ey Greed%, City Clerk W. Grant Farrar, Corporation Counsel 132-0-15 EXHIBIT A Legal Description PARCEL 1 : LOTS 8, 9, 10 AND 11 IN P. JUDSON'S SUBDIVISION OF LOT 1 IN LANGWORTHY'S SUBDIVISION OF BLOCK 64 IN EVANSTON IN THE SOUTHWEST '/a OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: ALL OF LOTS 9, 10, AND 11 AND THAT PART OF LOTS 7, 8 AND THE VACATED ALLEY LYING SOUTH AND ADJOINING SAID LOT 7 AND NORTH AND ADJOINING SAID LOTS 8 AND 9 ALL IN LANGWORTHY'S SUBDIVISION IN BLOCK 64 IN EVANSTON LYING EAST OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 8 AFORESAID; THENCE NORTH 89 DEGREES 56 MINUTES 20 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 8, 7.13 FEET TO THE PLACE OF BEGINNING OF THAT HEREIN DESCRIBED LINE; THENCE NORTH 20 DEGREES 32 MINUTES 30 SECONDS WEST TO THE NORTH LINE OF LOT 7 IN LANGWORTHY'S SUBDIVISION, AFORESAID, ALL IN THE SOUTHWEST /a OF SECTION 18, TOWNSHIP 41. NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN(s): 11-18-311-009, 11-18-311-010, 11-18-311-017, 11-18-311-018, 11-18-311-022, 11-18-311-024, 11-18-311-030, 11-18-311-033, 11-18-311-034, 11-18-311-035 Commonly Known As: 1560 Sherman Avenue, Evanston, Illinois. -5-