HomeMy WebLinkAboutORDINANCES-2012-119-O-12.7
11/1/2012
10/8/2012
119-0-12
AN ORDINANCE
Granting Amendments to the Approved Planned Development
and Drive -Through Facility Located at 635 Chicago Avenue
("Walgreens")
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 May 14, 2012, the City enacted Ordinance 36-0-12,
attached hereto as Exhibit 1 and incorporated herein by reference; and
WHEREAS, pursuant to the provisions of the Zoning Ordinance,
Ordinance 36-0-12 granted a Special Use Permit for a Planned Development and Drive -
Through Facility in the C1a Commercial Zoning District for the property located at 635
Chicago Avenue, Evanston, Illinois (the "Subject Property"), which is legally described in
Exhibit 1; and
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119-0-12
WHEREAS, Walgreen Co. ("the Applicant"), lessee of the Subject Property, •
submitted a proposed site plan (the "Revised Site Plan"), attached hereto as Exhibit 2 and
incorporated herein by reference, which would govern the construction and operation of
said Planned Development; and
WHEREAS, in order to construct the Planned Development in accord with
the Revised Site Plan, the Applicant requests amendments to Ordinance 36-0-12,
particularly with regard to the height of accessory structures; and
WHEREAS, pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the
City Council may grant Site Development Allowances to the normal district regulations
established in the Zoning Ordinance; and
WHEREAS, Ordinance 36-0-12 is a piece of legislation enacted by the City
Council of the City of Evanston, subject to revision only by said City Council; and 0
WHEREAS, on October 22 2012 the Planning p 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 Revised Site Plan; and
WHEREAS, during said meeting, the P&D Committee received input from
the public, carefully deliberated on the Revised Site Plan, found that the Revised Site
Plan substantially incorporates "generally recognized sustainable design practices... to
promote energy conservation and improve environmental quality," the public benefit for
Planned Developments set forth in Subsection 6-3-6-3-(1) of the Zoning Ordinance, and
recommended approval of the Revised Site Plan by the City Council; and
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119-0-12
• WHEREAS, at its meetings of October 22 and November 8, 2012, 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 III.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: The City Council hereby accepts the Revised Site Plan in
order to allow the construction of a Planned Development on the Subject Property in
conformance therewith, pursuant to Ordinance 36-0-12, as revised by this ordinance.
SECTION 3: Pursuant to Subsection 6-3-6-12-(C) of the Zoning
Ordinance, the City Council hereby grants the following Major Adjustment to the
Planned Development, approved by Ordinance 36-0-12:
Applicant may construct two (2) wind turbines, accessory structures, each thirty
feet (30') in height. Subsection 6-4-6-2-(G) of the Zoning Ordinance establishes
a maximum height of seventeen feet, six inches (17'6") for accessory structures
and Subsection 6-10-1-9-(C)-1-(b) allows a maximum height -related Site
Development Allowance of thirty feet (30) in the C1a District.
SECTION 4: 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:
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119-0-12
(A) Turbine Noise: The Applicant shall construct the wind turbines in a manner, •
approved by the City in the building permit process, that prevents noise
emanating from them from exceeding fifty-five decibels (55 dB) at the lot line, as
per the International Mechanical Code, adopted and amended, respectively, by
City Code Sections 4-7-1 and Section 4-7-2, 303.6.
(B) Recordation: 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, before it may apply to the City
for any permits related to the Special Use Permit authorized by Ordinance 36-0-
12, as amended by this Ordinance 119-0-12.
SECTION 5: Except as otherwise provided for in this Ordinance 119-0-
12, all applicable regulations of Ordinance 36-0-12, 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 119-0-12 shall govern and control.
SECTION 6: 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 7: 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 8: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 9: This Ordinance 119-0-12 shall be in full force and effect from
and after its passage, approval, and publication in the manner provided by law.
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Introduced: --;� a , 2012
Adopted: i :;�- , 2012
Attest:
ZP�,6clney FGene', City Clerk
119-0-12
Approved:
S-) / e , 2012
Eliza h B. Tisdahl, Mayor
Approved as to form:
W. Grant Farrar, Corporation Counsel
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119-0-12
EXHIBIT 1
Ordinance 36-0-12
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3/29/2012
36-0-12
AN ORDINANCE
Granting a Major Variation and Special Use Permits
for a Planned Development and Drive -Through Facility
Located at 635 Chicago Avenue in the
C1 a Commercial Mixed Use Zoning District
("Walgreens")
WHEREAS, Craig Stevens Development Corp. (the "Applicant"), owner of
the property located at 635 Chicago Avenue, Evanston, Illinois (the "Subject Property"),
legally described in Exhibit A, which is attached hereto and incorporated herein by
reference, applied, pursuant to the provisions of Title 6 of the Evanston City Code,
• 1979, as amended, ("the Zoning Ordinance"), specifically Section 6-3-5, "Special Uses",
Section 6-3-6, "Planned Developments", Section 6-3-8, "Major Variations," and
Subsection 6-10-1-9, "Planned Developments" in Commercial Zoning Districts, to permit
the construction and operation of a commercial Planned Development and Drive -
Through Facility, with a Major Variation regarding rear -yard setback requirements,
located at the Subject Property in the C1a Commercial Mixed -Use Zoning District ("C1a
District"); and
WHEREAS, the Applicant sought approval to demolish the existing
commercial structure and drive -through on the Subject Property and replace it with a
new commercial structure with a defined gross floor area of approximately thirteen
thousand, nine hundred sixty-eight square feet (13,968 ft.2), with a drive -through and
eighty-three (83) open, off-street parking spaces; and
36-0-12 0
WHEREAS, on March 14, 2012, pursuant to proper notice, the Plan
Commission and Zoning Board of Appeals CZBA") held a joint public hearing on the
application, case nos. 12PLND-0012, 12ZMJV-0013, and 12ZMJV-0014, heard
testimony and received other evidence, and made written findings; and
WHEREAS, the Plan Commission's written findings state that the
application meets the standards, set forth in Subsections 6-3-5-10 and 6-10-1-9 of the
Zoning Ordinance, for Special Uses and Planned Developments in the C1 a District; and
WHEREAS, the Plan Commission recommended that the City Council
approve the application for a Special Use for a Planned Development; and
WHEREAS, the ZBA's written findings state that the application for a
Drive -Through Facility meets the standards set forth in Subsection 6-3-5-10 of the
Zoning Ordinance for Special Uses, but not the standards for a Major Variation set forth is
in Subsection 6-3-8-12-(E); and
WHEREAS, the ZBA recommended the City Council approve the
application for a Special Use for a Drive -Through Facility but deny the application for a
Major Variation; and
WHEREAS, at its meeting of April 23, 2012, the Planning and Development
("P&D') Committee considered the findings and recommendations of the
Plan Commission and ZBA, recommended approval of those of the Plan Commission and
those of the ZBA regarding the Planned Development and Drive -Through Facility,
rejected the findings and recommendations of the ZBA regarding the Major Variation, and
recommended City Council approve the Special Uses and the Major Variation; and
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36-0-12
WHEREAS, at its meetings of April 23, 2012 and May 14, 2012, the City
Council considered and adopted the records and recommendations of the 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 facts and
incorporated herein by reference.
SECTION 2: Pursuant to the terms and conditions of this ordinance, the
City Council hereby grants the zoning relief applied for in case nos. 12PLND-0012,
12ZMJV-0013, and 12ZMJV-0014, to permit the construction and operation of the
Planned Development, Drive -Through Facility, and Major Variation, described herein,
• on the Subject Property.
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SECTION 3: The City Council hereby grants a Major Variation to permit a
rear -yard setback of zero feet (0) on the Subject Property, whereas Subsection 6-10-3-
8-(D) of the Zoning Ordinance requires a rear -yard setback of ten feet (10') for
structures in the C1 a District that abut a Residential District.
SECTION 4: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council hereby imposes the following conditions on the Special Use Permits
and Major Variation granted hereby, violation of any of which shall constitute grounds
for revocation thereof pursuant to Subsection 6-3-10-6 of the Zoning Ordinance:
(A) Recordation: The Applicant shall record, at its cost, a certified copy of this
ordinance, including all exhibits attached hereto, with the Cook County Recorder
of Deeds, before the City may issue any permits related to the construction
and/or operation of the Special Uses and Major Variation hereby authorized.
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36-0-12 0
(B) Compliance with Applicable Requirements: The Applicant shall develop and
operate the Special Uses and Major Variation authorized by the terms of this
ordinance in substantial compliance with: the terms of this ordinance; the
Development Plans in Exhibit B, which are attached hereto and incorporated
herein by reference; all applicable legislation; the Applicant's testimony and
representations to the Plan Commission, ZBA, the P&D Committee, and the City
Council; and the approved plans and documents on file in this case.
(C) 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 (254) 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.
(D) 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 is
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.
(E) Employee Parking: When driving to work at the Planned Development
authorized by this ordinance, the Applicant and its employees shall not park in
the parking lot on the Subject Property.
SECTION 5: Except as otherwise provided for in this ordinance, all
applicable regulations of 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.
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36-0-12
SECTION 6: 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 7: 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 8: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 9: 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 10: This ordinance shall be in full force and effect from and
after its passage, approval, and publication in the manner provided by law.
Introduced: Qf't l ,�3 2012
Adopted: — T 1 (11- 1- 14 , 2012
Attest:
Rd ney G,T6ne, City Clerk
Approved:
'1 + i 0-, t ) (D , 2012
Eli& th B. Tisdahl, Mayor
Approved as to form:
-W. Grant Farrar, City Attorney
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36-0-12 •
EXHIBIT A
Legal Description
LOT 1 OF THE SOUTHPORT CONSOLIDATION OF LOTS 11 TO 19, BOTH INCLUSIVE, IN BLOCK 2 IN
KEDZIE AND KEENEY'S ADDITION TO EVANSTON IN THE WEST HALF OF THE SOUTHEAST
QUARTER OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS, PER PLAT RECORDED MARCH 07, 1984 AS DOCUMENT
No. 26996718.
PIN: 11-19-407-028-0000
COMMONLY KNOWN AS: 635 Chicago Avenue, Evanston, Illinois.
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EXHIBIT B
Development Plans
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36-0-12
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119-0-12
EXHIBIT 2
Revised Site Plan
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