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HomeMy WebLinkAboutORDINANCES-2012-042-O-12r� 3/29/2012 42-0-12 AN ORDINANCE Granting a Special Use Permit for a Commercial Indoor Recreational Facility Located at 2125 Ashland Avenue in the MXE Mixed Use Employment Zoning District ("Crossfit") WHEREAS, the Zoning Board of Appeals (' ZBA") met on March 20, 2012, pursuant to proper notice, to consider case no. 12ZMJV-0017, an application filed by North Shore Strength and Conditioning, LLC (the "Applicant"), contract lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 2125 Ashland Avenue (the "Subject Property") and located in the MXE Mixed Use Employment Zoning District ("MXE District'), for a Special Use Permit to establish, pursuant to Subsection 6-13-4-3 of Title 6 of the Evanston City Code, 1979, as amended ("the Zoning Ordinance"), a Commercial Indoor Recreational 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 that City Council grant the application with conditions; and WHEREAS, at its meeting of April 23, 2012, 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 0 recommendation and approve the application in case no. 12ZMJV-0017; and 42-0-12 WHEREAS, at its meetings of April 23, 2012 and May 14, 2012, 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 Commercial Indoor Recreational Facility on the Subject Property as applied for in case no. 12ZMJV-0017. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the grant of a Special Use Permit, violation of any of which shall constitute grounds for revocation thereof pursuant • to Subsection 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 between 9:00 p.m. and 5:00 a.m. on any day. (C) Parking: 1. Employees: When driving to work at the Special Use authorized by this ordinance, the Applicant and its employees shall park only in off-street parking spaces on the Subject Property. 2. Bicycles: The Applicant shall provide secure, on -site bicycle parking for its customers. .7 -2- 42-0-12 0 SECTION 4: 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 5: 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 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: 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 8: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: O� � , 2012 Approved: Adopted: "i 1(Lt a 14 2012 rn / 0 2012 0 Attest: Elizab th B. Tisdahl, Mayor _ Approved as to form: X�-(�-- Rb ney Gre'Oe, City Clerk W. Grant Farrar, Corporation Counsel —3— 42-0-12 C7 EXHIBIT A Legal Description LOT 12 (EXCEPT THE SOUTH 3 FEET THEREOF) AND ALL OF LOTS 13 AND 15 IN BLOCK 11 IN EVANSTON CENTER ADDITION, IN SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-12-422-017-0000 Commonly Known As: 2121-2125 Ashland Avenue, Evanston, Illinois. • n U Ic