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HomeMy WebLinkAboutORDINANCES-2008-079-O-08• 7/14/2008 6/23/2008 6/11/2008 79-0-08 AN ORDINANCE Granting a Special Use for the Establishment of a Dormitory Located at 1620 Central Street in the 01 Office and oCSC Central Street Corridor Overlay Zoning Districts (i°National-Louis University PACE Program Dormitory") WHEREAS, the Zoning Board of Appeals ("ZBA") met, pursuant to proper notice, on May 6, 2008, and May 20, 2008, and in case no. ZBA 08-12- SU, considered an application by National -Louis University (the "Applicant"), contract purchaser, with permission from 1614 Central, LLC, owner of the property at 1620 Central Street, located in the 01 Office and oCSC Central • Street Corridor Overlay Districts (the "Subject Property"), for a Special Use to establish a dormitory pursuant to Sections 6-15-2-3 and 6-15-14-5(B) of the Evanston City Code of 1979, as amended (the "Zoning Ordinance"); and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application met the standards for Special Uses set forth in Sections 6-3-5, 6-15-2-3, and 6-15-14- 5(B) of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, the Planning and Development Committee of the City Council considered the ZBA's findings and recommendation at its June 23, 2008, 0 meeting and recommended City Council approval thereof, with amendments; and t 79-0-08 • WHEREAS, the City Council, at its July 14, 2008 and July 28, 2008, meetings, considered and adopted the respective records and recommendations of the ZBA and the Planning and Development Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are found as fact and made a part hereof. SECTION 2: That the City Council hereby adopts the ZBA's record, findings, and recommendation, and the Planning and .Development Committee's record, findings, and recommendation, and hereby approves the • Special Use applied for in case no. ZBA 08-12-SU, on property legally described in Exhibit A, attached hereto and made a part hereof, commonly known as 1620 Central Street, Evanston, Illinois. SECTION 3: That pursuant to Section 6-3-5-12 of the Zoning Ordinance, which provides that the City Council may impose conditions on the grant of a Special Use, the following conditions are hereby imposed: A. Compliance with Applicable Requirements: Development and use of the Subject Property shall be in substantial compliance with all applicable legislation, with the testimony and representations of the Applicant to the Zoning Board of Appeals, the Planning and Development Committee, and the City Council, and with the approved plans and documents on file in this case. is -2- • B. PACE Program From September through August of each year, the Applicant shall operate the dormitory Special Use authorized by the terms of this ordinance for its PACE Program for young adults with multiple learning disabilities, as well as related educational programming and administrative functions. C. Landscape Plan The Applicant shall submit a landscape plan, subject to review and approval by the City's Superintendent of Parks and Forestry. Upon receiving approval from the Superintendent, the Applicant shall install, or cause to be installed, all plant material and other features depicted on the aforementioned landscape plan. D. Landscape Maintenance The Applicant shall submit a landscape maintenance plan, subject to review and approval by the City's Superintendent of Parks and Forestry, • that shall guarantee that, upon written notification to the Applicant from the City, any plants, planted in accordance with the aforementioned landscape plan, that die, shall be replaced by the Applicant during the earliest planting season thereafter. E. Penalty for Non -Compliance: Should the City determine that the Applicant has failed to comply with any of the terms of this ordinance, the City may deliver written notice of non- compliance to the Applicant. If the Applicant does not cure the non- compliance identified in the notice within five (5) days, the Applicant shall owe the City a fine in the amount of two hundred fifty and no/100 dollars ($250.00) per day that the Applicant is not in full compliance. If, in the City's determination, the Applicant is diligently pursuing the cure of such non-compliance and that such cure cannot be completed within five (5) days, the City may grant the Applicant additional time that the City determines to be reasonably necessary. The Applicant shall pay the total fine assessed within thirty (30) days after written notice from the City to do so. If the Applicant fails to pay the total amount of the fine within the thirty (30) days after written notice from the City to do so, the City may revoke . the Special Use granted by this ordinance. -3- 79-0-08 • SECTION 4: That, 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. SECTION 5: That, 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." However, should the Applicant transfer or lease the Subject Property to another educational institution, the Subject Property shall not be utilized 'for a dormitory use unless the new owner or lessee obtains a new Special Use from the City Council. SECTION 6: That the Applicant shall record a certified copy of this • ordinance, at its cost, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, before the City may issue any permits or licenses related to the construction or operation of the proposed Special Use hereby authorized. SECTION 7: That 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. is --4 - P. • 79-0-08 SECTION 8: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: jo C , 2008 �j Adopted: ,, Q a "�_ , 2008 • A RodneaiGreene, City Clerk • Approved: f 2008 moraine H. MortoOV!ayor Approved to form: EId% Tober-Pub, nterim First Assistant Corporation Counsel -5- _1 • O 1: • EXHIBIT A Legal Description of 7 620 Central Street LOT 2 IN OWNER'S RESUBDIVISION OF LOT 1 IN THE SUBDIVISION OF LOTS 7 AND 8 IN BLOCK 8 IN NORTH EVANSTON, TOGETHER WITH LOTS 2 THORUGH 6, INCLUSIVE, IN BLOCK 8 IN NORTH EVANSTON & SUBDIVISION OF THE SOUTH PART OF QUILMETTE RESERVATION AND THE NORTH PART OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. 0 sm