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Home My WebLink AboutORDINANCES-2007-024-O-072/19/2007 • 2/2/2007 24-0-07 AN ORDINANCE Amending Ordinance 114-0-06 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Ordinance 114-0-06, "Approving an Amendment to the Zoning Map to Subdivide 2424 Oakton Street and Rezone a Portion of 2424 Oakton Street from 12 Industrial District to C1 Commercial District, and Granting a Special Use for a Planned Development at 2424 Oakton Street," is hereby retitled "Approving an Amendment to the Zoning. Map to • Subdivide 2424 Oakton Street and Rezone a Portion of 2424 Oakton Street from 12 Industrial District, to C1 Commercial District, and Granting Various Special Uses for a Planned Development at 2424 Oakton Street. SECTION 2: That, Ordinance 114=0-06, is hereby amended to read as set forth in Exhibit A, attached hereto and made a part hereof.. SECTION 3: That the Applicant is required to record a. certified copy of this Ordinance 24-0-07, including all -Exhibits hereto, as well as the City's Release of the Covenants relating to the Property, at its cost, with the Cook County, Illinois Recorder of Deeds before any City permits may be obtained. SECTION 4: That all ordinances or parts of ordinances in conflict • herewith are hereby repealed. 24-0-07 SECTION 5: If any provision of this Ordinance 24-0-07 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance 24-0-07 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: That this Ordinance 24-0-07 shall be in full force and effect from and after its publication, approval, and publication in the manner provided by law. Introduced:FA't.tL&1 2 - , 2007 Approved: Adopted: FlAtOwij)-6 , 2007 �an.e,k z , 2007 Attest: Mary P. o ikPity Clerk Lorraine H. Morton, Pyor I)roved as to form: I tE Herbert D. Hill First Assistant Corporation Counsel E • —2~ 24-0-07 • EXHIBIT A SECTION 1: That the foregoing recitals are found as fact and made a part hereof. SECTION 2: That the City Council hereby adopts the plat of subdivision in Exhibit C. SECTION 3: That the City Council hereby adopts the findings and recommendations of the Plan Commission and the Planning and Development Committee and approves an amendment to the Zoning Map cited in Section. 6-7-2 of the Zoning Ordinance to rezone the portion of the Property, described in Exhibit A and identified as lots 1, 2, and 8 in Exhibit C, from an 12 Industrial District to a C1 Commercial District, with the rest of the property, described in • Exhibit B and identified as lots 3, 4, 5, and 7 in Exhibit .C, retaining the 12 Industrial District designation. The City Council's adoption of the Plan Commission's findings pursuant to the requirements of Section 6-3-6-6 of the .Zoning Ordinance constitute its written finding of fact that the site development allowances granted by this .Ordinance are essential to achieve one or more public benefits described in Section 6-3-6-3. SECTION 4: That the City Council hereby adopts the respective records and findings and recommendations of the Plan Commission and the Planning and Development Committee and approves special uses for: (i) a Planned Development permitting the construction and operation on the Property • of an eight (8) building mixed commercial and industrial development as detailed in the Development Plan approved by the City (with such revisions made during —3— 24-0-07 final design as may be required for construction and Code compliance), attached hereto as Exhibit D and made a part hereof, and the terms of this Ordinance; ii • an automobile repair service establishment, to be located on lot 8, as shown in Exhibit D; (iii) an automobile service station, to be located on lot 8, as shown in Exhibit D; (iv) a car wash, to be located on lot 8, as shown in Exhibit D; (v) a convenience store, to be located on lot 8, as shown in Exhibit D; (vi) a Type 2 Restaurant, to be located on lot 8, as shown in Exhibit D; (vii) a drive -through facility for the proposed bank, to be located on lot 1, as shown in Exhibit D; (v'iii) a drive -through facility for the proposed Type 2 Restaurant, to be located on lot 8, as shown in Exhibit D; SECTION 5: Pursuant to Sections 6-3-6-5 and 6-3=6-6 of the Zoning Ordinance and _in conformance with the terms and conditions of this Ordinance, the. following site development allowances and modifications are hereby granted to .the Planned Development: A. A site development allowance forsetbacks of five feet (5') from the, east and/or south interior side property lines of Lots 3, 4, and 5, as described in Exhibit C, and a setback of five feet (5') from the west property line for Lot 7, as described in Exhibit C, whereas Section 6-14-3-6 of the Zoning Ordinance requires a minimum setback, in the 12 Industrial district, of eight feet (8') for interior side. yards abutting a nonresidential district and .a minimum setback ._ of twenty feet (20') for the rear yard. abutting a nonresidential district; and B. A site development allowance for a floor area ratio of approximately 1.24 for the proposed mini -storage warehouse facility to be located on Lot 7 as described in Exhibit C, whereas Section 6-14-3-8 establishes a maximum permitted floor area ratio of .1.0 in the 12 district; and C. A site development allowance for twenty-eight (28) off-street parking spaces for the proposed mini -storage warehouse facility to be located on • .Lot 7 as described in Exhibit C, whereas Section 6-.16-3-6 requires fifty- three (53) off-street parking spaces in the 12 Industrial district; and -4- 24-0-07 D. A site development allowance for a proposed fence, thirteen feet (13') in • height, to run along the western edge of Lot 8 as described in Exhibit C, whereas Section 6-4-6-7 allows for a height of six feet (6') in the C1 Commercial District. SECTION 6: 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, these conditions are hereby imposed: A. Development and use of the Property shall be in substantial compliance with all applicable legislation and City ordinances, with the testimony and representations of the Applicant to the Plan Commission, the Planning and Development Committee, .and the City Council, and with all approved plans and documents on file in Case No. ZPC 06-10 PD&M. B. When necessary to effectuate the terms and conditions and purposes of this Ordinance, "Applicant" shall read as "Applicant's agents; assigns and successors in interest." C. Only the Gas Station/Convenience Store/Fast Food business, to be • located on Lot 8, in Exhibit D, :may operate twenty-four (24) hours a day. D. Litter Collection Plan: 1) The Applicant shall implement and adhere to. a Litter .Collection Plan requiring the policing of an area located within a two hundred fifty -foot (250') radius of the proposed Type 2 . Restaurant, to be located on lot 8, as shown in Exhibit D..This area shall be policed once every three (3) hours during the hours the use is in operation and shall be kept free of all litter, including, but not limited to, food, beverages, napkins, 'straws, containers, bags, utensils, plates, cups, bottles, cans, and all other litter of any type emanating from any source. The operator of the Type. 2 Restaurant shall comply with the Litter. Collection Plan. This Ordinance shall prevail over any inconsistent or contrary provisions in the Plan. 2) For the purpose of this Ordinance, "litter" shall include, but is not limited to: putrescible animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food; other putrescible waste, including animal waste, dead animals, yard clippings and leaves; nonputrescible solid waste, including rubbish, • ashes, street cleanings, abandoned automobiles, solid business, commercial, and industrial wastes, paper, wrappings, cigarettes, cardboard, tin cans, glass, bedding,. crockery, and similar materials; -5- 24-0-07 and all other waste materials which, if deposited as herein prohibited, may create a danger to public health, safety, or welfare. • E. Litter Pick -Up Plan: 1) The owner of the Subject Property, the operator, and/or applicant of the Type 2 Restaurant shall provide and maintain on the Property exterior litter receptacles in sufficient number and type adequate, in the City's judgment, and with collections there from of sufficient frequency, also in the City's judgment, to contain, with lids tightly shut, all litter emanating from operation of the use; and all litter collected pursuant to the Litter Collection Plan. Collections shall be a minimum of three (3) times a week, including collections on Sundays to the extent 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 Property shall provide adequate space at the rear of and on the Property to accommodate the litter receptacles and collections required. 2) Within seven (7) days of written notice from the City to do so,_ the number of litter receptacles and/or the number of collections from each, shall be -increased or modified in accordance with the City's directive. • F. An employee parking plan shall be implemented and adhered to, as a minimum, requiring the operator of the Type 2 Restaurant and the operator's employees to park at an off-street parking facility available in the neighborhood when driving to, their employment at the Type 2 .,:Restaurant approved hereby. G. The operator of the Type 2 Restaurant shall not use in or on the Property any deep fryers, grills, ovens, or othercooking appliances that ventilate to the exterior of the building: H. No public telephone shall be installed outdoors anywhere on the Property. I. No automated teller machine (ATM) shall be .installed outdoors anywhere on the Property. except on the proposed bank, to be located on Lot 1, as shown in Exhibit D.. SECTION 7: That the Applicant is required to record a certified copy of this Ordinance 114-0-06, including all Exhibits hereto, as well as the • -6- 24-0-07 • City's Release of the Covenants relating to the Property, at its cost, with the Cook County, Illinois Recorder of Deeds before any City permits may be obtained. SECTION 8: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: If any provision of this Ordinance 114-0-06 or application thereof to any person or circumstance is. held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance 114-0-06 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: That this Ordinance 114-0-06 shall be in full force and effect from and after its publication, approval, and publication in the manner . provided by law. n —7— 24-0-07 EXHIBIT A • LEGAL DESCRIPTION THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 13; RUNNING THENCE SOUTH ALONG WEST LINE OF SAID NORTHWEST QUARTER OF NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, A DISTANCE OF 47.06 FEET TO THE SOUTH RIGHT OF WAY LINE OF OAKTON STREET TO A POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 59 MINUTES 45 SECONDS EAST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 535.46 FEET . TO A POINT; THENCE SOUTH 02 DEGREES 56 MINUTES 11 SECONDS WEST ALONG. A LINE 40.05' WEST OF AND PARALLEL WITH THE EAST LINE OF LOT 1 IN WILLIAM JOHNSON'S SUBDIVISION, A DISTANCE OF 150.00 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 45 SECONDS EAST, A DISTANCE OF 0.04 FEET; THENCE SOUTH 02 DEGREES 56 MINUTES 11 SECONDS WEST, A DISTANCE OF 246.33 TO A POINT.; THENCE NORTH 87 DEGREES 03 MINUTES 49 MINUTES WEST; A DISTANCE OF 301.40 FEET; THENCE NORTH 02 DEGREES 42 MINUTES 56 SECONDS EAST, A DISTANCE 138.1.9 FEET; THENCE NORTH • 89-DEGREES 59 MINUTES 45 SECONDS WEST, A DISTANCE OF 233.17 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, THENCE NORTH 02 DEGREES 56 MINUTES 11 SECONDS EAST ALONG SAID WEST .LINE OF NORTHWEST QUARTER OF SECTION 25 A DISTANCE OF 242.68 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. CONTAINING: 173,799.91'SQ FT. (3.99 ACRES) COMMONLY KNOWN AS: 2424 OAKTON STREET LOTS 1, 2, AND 8, TO BE RE -ZONED Cl-COMMERCIAL DISTRICT -8- 24-0-07 • EXHIBIT B LEGAL DESCRIPTION THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 13; EAST OF THE THIRD PRINCIPAL MERIDIAN; DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 13; RUNNING THENCE SOUTH ALONG WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, A DISTANCE OF 47.06 FEET TO THE.SOUTH RIGHT OF WAY LINE OF OAKTON STREET; THENCE CONTINUING SOUTH 02 DEGREES 56 MINUTES 11 SECONDS WEST ALONG SAID WEST LINE OF THE NORTHWEST QUARTER . OF THE NORTHWEST QUARTER OF SECTION 25, A DISTANCE OF 242.68 TO A POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 59 MINUTES 45 SECONDS EAST, A DISTANCE OF 233.17 FEET; THENCE SOUTH 02 DEGREES 42 MINUTES 56 SECONDS WEST, A DISTANCE OF 138.19 FEET; THENCE SOUTH 87 DEGREES 03 MINUTES 49 SECONDS EAST, A DISTANCE OF 301.40 FEET; THENCE SOUTH 02 DEGREES 56 MINUTES 11 SECONDS WEST, A DISTANCE . OF 195.00 FEET; THENCE NORTH- 87 DEGREES 03 MINUTES 49 SECONDS WEST; A DISTANCE OF 534.80 TO A • POINT ON SAID WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25 A POINT ALSO BEING 611.00 FEET SOUTH OF SAID NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF NORTHWEST QUARTER OF SECTION 25, THENCE NORTH 02 DEGREES .56 MINUTES 11 SECONDS EAST ALONG THE WEST .LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, A DISTANCE OF 321.26 FEET TO THE POINT OF. BEGINNING; IN COOK COUNTY, ILLINOIS. • CONTAINING: 135,113.22 SQ FT. (3.10 ACRES) COMMONLY KNOWN AS:. 2424 OAKTON STREET LOTS 3, 4, 5, AND 7, TO RETAIN 12-INDUSTRIAL DISTRICT ZONING -9- 24-0-07 EXHIBIT C PLAT OF SUBDIVISION • -10- 24-0-07 0 0 OAKTON SHOPPES OF EVANSTON RESUBDIVISION 1, 1., w IK A GRAPHIC SCALE SMEET, W S3 4A, 229.76* 10530- t Q; LOTS LOT L C., T 14164* Z. 2vlr f. sm 33, L -S.E.T - ----- LOT 3 LOT R01 17. -;D • (1 GMMLX -11- 24-0-07 v4 vul p OAKTON SHOPPES OF EVANSTON RESUBDIVISION c RPr.Sp wvl�LLxEri�rJn6' Hc�.t[[C�f �aFrn�.r�[43.uf I Ca,EixaMt. _ . al U er MIS nC<, .v awC.IJy1v <u .o_ rml['!F rtIM015 ; t att aFVn. T 1_ L ILLYrps [nr:�UUEn, CR6'E3. E'+.v. — .-I .Rh Of uF[n; 1 ..fiUcccffl s . CML eu v, -4 <5 4{�M5F0. irtrF a<i1CSIAwrrCrr[rtt C—M w[tter 2� f•.L*,i f KRL<va� v�Nf�Y'IEiv, <M.1 tHC a Kf[xC[9 i•�.ut;s vIp C.•vtsa [ r[u[xl nap.191.Ir i[5EI'.£C[1vt: III s<rA.rt Cij nE E.r••fT,F �-1 �nlv'<vnlMiu y[^L mE il'.[•iSFF� P9., rmnCr .nr..lrtgp=[ruaL T <2r n.Cn tw [.Nv[xt u.,u.rJr M[ rIl Hi ,xL Crnxrt reap ilr it E--MC-1 -111C,. HRxi ;mr rn♦mn .u.'�rCl. lrnr..t rv, urv✓I i .Jaxir U -- rr JM[ USCv9r. Ep rSiaR ML p v;s) rK ix :-v the III C<t[UL�1' MF Vuf ur.C[x MF -Lnl Ear.C'µ, iN�a Inln.art= L ICE Div uMntt uilu_n, S . [ ___—______—___�__ ♦ vpinxY PNEUC N 1. Fnv galC —ir M —.1 TMu[ lc u[ 1r[ sv�r[ I•Cr:iNrs: rw:[ V�K:>) I. _iIE ____ . tX` ' c..lxn cunt )r - .r• I F �.P5rt rm - tlLm n .. at rrr nr __—_ . • r...t.nr vlrT . I .. ., HErtErtt - ---- ��-- tG.IT an'v^.l 'u•C(:1r'�•, [�JOS'[I OEJavC ME�rwtiG:rr;: Cv IKE 9r X S w rt,aF L SF L 1X,r__ p<, X_t p /Osm G csNImx k ♦ssocl-Es• CNc. .q?'wl"�:Yl�.0 •. .... .... n, ... .. I .. I xuv.Grr n[i—_—_—__ swH, xn eoa-peeve-n[vl .,• '.,'•. r.••.•••r.,• •• ,I 1 r wl—r—r[�r t w L m••. n• r.. I .c p.�._ :.s-. r .. � I pr I • • • -12- 24-0-07 • EXHIBIT D DEVELOPMENT PLAN ih• Est•• a� '_ .— coL f Lot 8 i f 54,329 9f -LLLJ .L1 CM4Q0 rarer r� one. • �.r as •��+n• �� • - . HICiO� � lia a+y,tyM1• } r , Lot 2 3 sladitY I�WAMIOUSZ af sumnc� eo,aw Tarp.. S. rr. r �f��Y .w.•Mb' -f�i- �. Lot ! row-r f•a L y'i a I ' ., 84,898 of �,; :» ..at 5 : 1, LotI.ot 3 rr4"A11+9+T !1)IlJ1 �,8 : s.f �.o�o � � : � .. Ate tN 5 . " ;• ° r1 C ! ; •4f• ..�.Y.,.�a...a�•.f..r: loaa f F� , -13- �J • •