HomeMy WebLinkAboutORDINANCES-2006-114-O-0612/12/2006
• 11 /29/2006
11 /8/2006
• 114-0-06
AN ORDINANCE
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
WHEREAS, Lee Fry, on behalf of Real Estate Evanston, LLC (the
"Applicant'), owner of the property located in the City of Evanston (the "City")
commonly known as 2424 Oakton Street (the "Property"), which is legally
described in Exhibits A and B, attached hereto and made a part hereof, on
• September 6, 2006, submitted an application to the City seeking:
(1) a Zoning Map amendment:
(a) to subdivide the Property into seven (7) lots as described in
the Plat of Subdivision, Exhibit C, attached hereto and made
a part hereof; and
(b) 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
0 designation; and
114-0-06
(2) approval of a Special Use for a Planned Development pursuant to the 40
provisions of Sections 6-3-5 "Special Uses," 6-3-6 "Planned Developments,"
6-10-1-9 "Planned Developments" (within Commercial Districts), 6-14-1-10
"Planned Developments" (within Industrial Districts), 6-15-1-9 "Planned
Developments" (within Special Purpose and Overlay Districts), of the Zoning
Ordinance to permit construction of eight (8) structures with a total defined gross
floor area one hundred twenty-five thousand, one hundred fifty square feet
(128,150 sq. ft), floor area ratios ranging from 0.15 to 1.24, a maximum defined
building height not to exceed forty-five feet (45') for the eight (8) proposed
structures, and two hundred thirteen (213) open off-street parking spaces; and
WHEREAS, the Plan Commission held public hearings on the
application, case no. ZPC 06-10 PD&M, pursuant to proper notice, on September •
13, 2006 and October 11, 2006, heard testimony and received other evidence,
made a verbatim transcript; and
WHEREAS, the Plan Commission's written findings state that the
application for amendment of the Zoning Map 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, meets the standards for
amendments to the Zoning Map indicated in Section 6-3-4-5 of the Zoning
Ordinance and achieves the public benefits indicated in Section 6-3-6-3 of the
Zoning Ordinance; and
•
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114-0-06
WHEREAS, construction of the Planned Development, as
proposed by the Applicant, requires development allowances from the strict
application of the yard requirements, floor area ratio, off-street parking spaces,
and fence height regulations otherwise required by the applicable zoning
regulations of the Zoning Ordinance; and
WHEREAS, pursuant to Sections 6-3-6-4, 6-3-6-5, and 6-3-6-6 of
the Zoning Ordinance, a planned development may provide for development
allowances and modifications to site development allowances that depart from
the yard requirements, floor area ratio, off-street parking spaces, fence height,
and other regulations established in the Zoning Ordinance, subject to approval of
the City Council; and
WHEREAS, the Plan Commission's written findings state that the
• application for planned development: meets the standards for special uses
indicated in Section 6-3-5-10 of the Zoning Ordinance; adequately addresses the
general conditions for planned developments in Industrial, Commercial, and
Redevelopment Overlay Districts indicated in Sections 6-14-1-10, 6-10-1-9, and
6-15-1-9, respectively, of the Zoning Ordinance; adequately addresses the site
controls and standards for planned developments in Industrial, Commercial, and
Redevelopment Overlay Districts in Sections 6-14-1-10, 6-10-1-9, and 6-15-1-9,
respectively, of the Zoning Ordinance; and adequately addresses the
development allowances for planned developments in Industrial, Commercial,
and Redevelopment Overlay Districts in Sections 6-14-1-10, 6-10-1-9, and
• 6-14-1-10, respectively, of the Zoning Ordinance; and
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114-0-06
WHEREAS, the Plan Commission recommended approval of the
application for Zoning Map amendment and Planned Development; and
WHEREAS, the Planning and Development Committee of the City
Council at its November 13, 2006 and November 27, 2006 meetings considered
the record in this Case No. ZPC 06-10 PD&M; and
WHEREAS, the Planning and Development Committee of the City
Council at its November 27, 2006, adopted the findings and recommendations of
the Plan Commission, and recommended approval by the City Council; and
WHEREAS, the City Council, at its November 27, 2006 meeting,
referred the matter back to the Planning and Development Committee; and
WHEREAS, the Planning and Development Committee, at its
December 11, 2006 meeting, amended the proposed ordinance; and •
WHEREAS, the City Council, at its December 11, 2006 meeting,
considered and adopted the respective records and recommendations of the
Plan Commission and the Planning and Development Committee;
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 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 •
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114-0-06
• 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 a special use for 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 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.
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:
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114-0-06
A. A site development allowance for setbacks 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
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.
0
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114-0-06
• 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. 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;
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.
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114-0-06
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 other cooking 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.
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
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.
•
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114-0-06
• 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.
Introduced: 1 1'3
Adopted: if
Attest:
Marynori -ty Clerk
0
0
, 2006 Approved:
, 2006 , 2007
orraine H. Morton, Mayor
Ap.4roved as to f r
��
Cor--J�ration Counsel
v
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114-0-06
EXHIBIT A 0
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 138.19 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
•
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114-0-06
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. (3.10ACRES)
COMMONLY KNOWN AS: 2424 OAKTON STREET
LOTS 3, 4, 5, AND 7, TO RETAIN 12-INDUSTRIAL DISTRICT ZONING
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114-0-06
EXHIBIT C •
PLAT OF SUBDIVISION
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-12-
114-0-06
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—14—
114-0-06
• EXHIBIT D
DEVELOPMENT PLAN
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