HomeMy WebLinkAboutORDINANCES-2013-125-O-130
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11 /6/2013
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AN ORDINANCE
Granting a Special Use Permit for a
Commercial Indoor Recreation Facility
Located at 2800 Central Street in the
131 a Business and oCSC Central Street Overlay Zoning Districts
(i°Orangetheory Fitness")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on November 5,
2013, pursuant to proper notice, to consider case no. 13ZMJV-0105, an application filed
by David Lanz, lessee of the property legally described in Exhibit A, attached hereto and
incorporated herein by reference, commonly known as 2800 Central Street (the "Subject
Property") and located in the B1 a Business and oCSC Central Street Overlay Zoning
• Districts, for a Special Use Permit to establish, pursuant to Subsection 6-9-5-3 of Title 6
of the Evanston City Code, 2012, as amended (the "Zoning Ordinance"), a Commercial
Indoor Recreation Facility 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 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 11, 2013, 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. 12ZMJV-0105; and
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WHEREAS, at its meeting of November 11, 2013, 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 found as fact and incorporated
herein by reference.
SECTION 2: The City Council hereby approves the Special Use Permit
for an Indoor. Commercial Recreation Facility on the Subject Property as applied for in
case no. 13ZMJV-0105.
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
isPermit, 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 not operate the Special Use
authorized by this ordinance before 5:00 a.m. or after 10:00 p.m. on any day.
C. Employee Parking: When driving to work at the Special Use authorized by this
ordinance, the Applicant and its employees shall not park in any on -street
parking spaces.
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.
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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 0V-ej-Y)L ( , 2013 Approved:
Adopted: 7 bt)-e- htr (—; 2013 'YlcA�-�btr 13 , 2013
Attest:
Ro ney Gne, City Clerk
Elie eth B. Tisdahl, Mayor
Approved as to form:
W. Grant Farrar, Corporat of n Counsel
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EXHIBIT A
Legal Description
LOT 1 IN BLOCK 4 IN E.T. POUL'S ADDITION TO EVANSTON, BEING A SUBDIVISION OF PART OF
THE N.E. FRACTIONAL 1/4 OF SECTION 11 AND THE N.W. FRACTIONAL 1/4 OF SECTION 12,
TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS.
PIN: 10-11-202-013-0000
COMMONLY KNOWN As: 2800 Central Street, Evanston, Illinois.
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